U.S. Representatives Henry Waxman (D-Calif.) and Diana DeGette (D-Colo.) have sent letters to eight companies requesting information about arsenic levels in rice products. Waxman and DeGette have asked Beech-Nut Nutrition Corp., Carolina Rice, Della Rice, Earth’s Best, Nestlé Nutrition’s Gerber Rice, Jazzmen Rice, Martin Farms, and Whole Foods Market to respond by November 8, 2012, with details about their practices for monitoring and limiting the amount of arsenic in their rice products. In requesting this information, Waxman and DeGette pointed to studies authored by the Food and Drug Administration (FDA) and Consumer Reports purportedly showing “worrisome” levels of inorganic arsenic “in popular brands of rice and rice products like rice cereal, breakfast cereal, and rice cakes.” The lawmakers have requested all company documents related to arsenic testing as well as those describing any health risk assessments undertaken on each company’s behalf. “FDA is currently in the process of analyzing 1,000 more rice…
Category Archives Legislation, Regulations and Standards
French MEP Francoise Castex has reportedly condemned California’s statewide ban on the production and sale of any product that is “the result of force-feeding a bird for the purpose of enlarging its liver beyond normal size,” calling the prohibition on foie gras “a battle for Europe.” After a recent attempt by producers to enjoin the 2004 law failed in federal court, Castex convened a news conference in European Parliament where she eviscerated the legislation as “very negative” and a violation of international trade rules. “There are five member states where foie gras is produced, not just France,” she said, referring to Belgium, Bulgaria, Hungary, and Spain. According to Castex, the foie gras sector comprises 30 percent of the local economy in her own region of France, which has already hired an attorney to represent the country in a legal challenge to the United States. Her remarks also drew support from…
The Statens Serum Institut and National Food Institute at the Technical University of Denmark recently released a report charting a decline in overall antibiotic use in the country’s food animals. Funded by the Ministry of Science, Innovation and Higher Education, the Ministry of Food, Agriculture and Fisheries, and the Ministry of the Health, the Danish Integrated Antimicrobial Resistance Monitoring and Research Program (DANMAP) monitors “the consumption of antimicrobial agents for food animals and humans” and “the occurrence of antimicrobial resistance in bacteria isolated from food animals, food of animal origin and humans.” It also studies the association between antimicrobial consumption and antimicrobial resistance, seeking to identify “routes of transmission and areas for further research studies.” Data from DANMAP 2011 apparently showed a 15 percent decrease in total veterinary consumption of antimicrobial agents since 2010, “mainly attributed to a decreased consumption in pigs.” In particular, DANMAP 2011 reported a 30 percent…
U.S. Senator Barbara Boxer (D-Calif.) has urged the Food and Drug Administration (FDA) to take action to address seafood fraud. In her October 15, 2012, letter, Boxer defines seafood fraud as “the mislabeling of one species of fish for another fish that is often cheaper and more readily available.” Boxer cites studies purportedly showing that the practice may be “pervasive” throughout the United States and contends that it not only constitutes “deceptive marketing, but it can also pose serious health concerns, particularly for pregnant women seeking to limit exposure to heavy metals or individuals with serious allergies to certain types of fish.” Among the studies cited are those finding mislabeled 20 percent of 88 samples tested in Boston, 55 percent of 119 samples tested in California and 31 percent of 96 samples tested in Florida. The senator expresses her concern with the low number of inspections FDA conducts on both imported…
The Texas Animal Health Commission (TAHC) has announced the implementation of new adult cattle traceability rules effective January 1, 2013. TAHC apparently amended its regulations after “unofficially” suspending its brucellosis test requirement for adult cattle at change of ownership. Because cattle no longer receive ear-tags at the time of testing, the updated rule stipulates that “all sexually intact cattle, parturient or post parturient, or 18 months of age and older changing ownership must still be officially identified with Commission approved permanent identification.” “The new traceability rule will help preserve the TAHC’s ability to identify and trace animal movements quickly and effectively, no matter which disease is involved,” stated the agency, which has anticipated that the change will primarily affect beef cattle, “as dairy cattle in Texas have had an even more stringent identification requirement in place since 2008.” The Commission has also supplied a complete list of acceptable identification devices…
The European Court of Auditors has issued a special report finding that the European Food Safety Authority (EFSA) and three other consumer health and safety agencies did not have “adequate” conflict-of-interest procedures in place as of October 2011. After auditing agency activities and comparing them with Organization for Economic Co-operation and Development Guidelines, the court evidently concluded that certain conflict-of-interest risks “are embedded in the selected Agencies’ structure (e.g. the same organization is both a management representative and a supplier of services) and in the use of the research performed by the industry.” In particular, the report faulted EFSA’s Management Board where four of the 15 members “have a background (including current involvement) in organizations representing consumers and other interests in the food industry.” It also noted that “the impartiality of EFSA’s work and decision-making might be jeopardized since three of these organizations represented on the Management Board are also represented in the…
A federal court in the District of Columbia has dismissed the declaratory judgment action that POM Wonderful filed against the Federal Trade Commission (FTC) shortly before the Commission brought an enforcement action against the pomegranate product producer. POM Wonderful LLC v. FTC, No. 10-1539 (D.D.C., decided September 30, 2012). More information about the complaint and FTC’s motion to dismiss appears in Issues 364 and 373 of this Update. According to the court, “[t]he balance of relevant factors counsels against exercising jurisdiction over this action.” Among other matters, the court found that (i) the declaratory judgment action would not fully resolve the parties’ claims because they would “still have to litigate whether POM’s health claims about its products were false, misleading, and unsubstantiated in violation of the FTC Act”; (ii) “other overlapping proceedings are pending” and POM can raise arguments in those proceedings that it has raised in the declaratory judgment…
The European Commission (EC) has concluded, in its second regulatory review on nanomaterials, that, while certain challenges continue to face those trying to assess their potential risks, the Registration, Evaluation, Authorisation and Restriction of Chemical Substances (REACH) “sets the best possible framework for the risk management of nanomaterials when they occur as substances or mixtures.” Still, the EC acknowledges that “more specific requirements for nanomaterials within the framework have proven necessary,” and thus it “envisages modification in some of the REACH Annexes and encourages ECHA [European Chemicals Agency] to further develop guidance for registrations after 2013.” REACH took effect in June 2007. Viewed as the strictest law regulating chemical substances to date, it requires all chemicals imported or produced in the European Union (EU) over a certain quantity to be registered and the manufacturers and importers to gather and report information about the chemicals’ properties. The law’s provisions will be…
The European Commission has published its list of flavoring substances authorized for use in foods. Effective October 22, 2012, Regulation EU 872/2012 provides a roster of more than 2,500 substances evaluated by the European Food Safety Authority (EFSA) and deemed safe for human food uses, while Regulation EU 873/2012 establishes transitional measures for other flavorings, such as those made from non-food sources, that are still under review. Flavoring substances not found on the list “will be banned after an 18-months phasing-out period.” To prepare the new regulations, EFSA’s Scientific Panel on Food Contact Materials, Enzymes, Flavorings and Processing Aids (the CEF Panel) initially considered approximately 2,800 substances already on the EU market as well as 197 additions. Although the majority of substances reportedly did not present safety concerns, the CEF Panel recommended removing seven substances from commerce and asked for further data on 400 others. Industry can submit data on…
While foreign and domestic food facilities, including farms, must renew their registrations with the Food and Drug Administration (FDA) beginning October 1, 2012, under the Food Safety Modernization Act, the agency is not accepting registration renewals at this time. Facilities required to be registered under the law are asked to check FDA’s website to learn when the system becomes available,
