Category Archives Legislation, Regulations and Standards

The European Food Safety Authority’s Panel on Genetically Modified Organisms (EFSA GMO Panel) has issued an opinion on the French government’s move to prohibit the planting of a certain GM maize variety, concluding that “there is no specific scientific evidence, in terms of risk to human and animal health or the environment, that would support the notification of an emergency measure under Article 34 of Regulation (EC) No 1829/2003.” According to EFSA, which noted that most of the studies cited by French authorities were recycled from a 2008 submission on the same topic, the agency was unable to identify “any new science-based evidence” to support the country’s ongoing ban. Citing risks to environmental health, French Agricultural Minister Bruno Le Maire in March 2012 reinstated a ban against this particular variety of GM maize after French courts overturned a previous emergency measure. As one spokesperson explained to media sources, however, EU…

The Food and Drug Administration (FDA) has announced a public meeting titled “International Capacity Building with Respect to Food Safety.” Scheduled for June 19, 2012, in Washington, D.C., the meeting will highlight “FDA’s comprehensive plan to expand the technical, scientific, and regulatory capacity of foreign governments and their respective food industries in countries that export foods to the United States.” Under the auspices of the Food Safety Modernization Act, the capacity-building plan seeks input from food industry representatives, federal and foreign government officials, consumer organizations, and other stakeholders. The plan seeks (i) “[r]ecommendations for bilateral and multilateral arrangements and agreements, including providing for responsibilities of exporting countries to ensure food safety”; (ii) “[p]rovisions for secure electronic data sharing”; (iii) “[p]rovisions for mutual recognition of inspection reports”; (iv) “[t]raining of foreign governments and food producers on U.S. requirements for safe food”; (v) “[r]ecommendations on whether and how to harmonize requirements under…

The U.S. Department of Agriculture’s Food Safety and Inspection Service (FSIS) has issued a notice requiring inspectors to make establishments aware of how to comply with a May 8, 2012, final rule on misbranded meat and poultry. The rule requires establishments to prepare and maintain recall procedures, notify FSIS within 24 hours when adulterated or misbranded meat and poultry products that could harm consumers have entered the marketplace and document their Hazard Analysis and Critical Control Point system food safety plans. The final rule was discussed in Issue 439 of this Update.

The U.S. Department of Agriculture has announced a June 5, 2012, public meeting in Washington, D.C., to provide information and receive comments on draft U.S positions to be discussed at the 35th Session of the Codex Alimentarius Commission on July 2-7 in Rome, Italy. Agenda items include revocation of existing Codex standards, proposals for the elaboration of new standards and for the discontinuation of work, general implementation status, and a draft Codex strategic plan for 2014-2019. See Federal Register, May 24, 2012.

The Alabama State Legislature has reportedly passed a bill (HB 242) that would prohibit lawsuits “based on claims arising out of weight gain, obesity, a health condition associated with weight gain or obesity, or other generally known condition allegedly caused by or allegedly likely to result from long-term consumption of food.” Sponsored by Representative Mike Jones (R-Andalusia), the Commonsense Consumption Act would evidently bar civil actions on these grounds against “packers, distributors, carriers, holders, sellers, marketers, or advertisers of food products that comply with applicable statutory or regulatory requirements.” According to the May 18, 2012, issue of Capitol Retail Report, the Alabama Senate voted 29-0-2 in favor of the bill on the final day of the legislative session, delivering it to Governor Robert Bentley (R) for signature.

California EPA’s Office of Environmental Health Hazard Assessment (OEHHA) has extended the comment deadline on its proposal to establish a maximum allowable dose level for methanol, a substance the forms naturally in fruits and vegetables when they are prepared for consumption by methods including slicing, chopping, pureeing, and juicing. At the request of the Technology Sciences Group, OEHHA has extended the deadline to June 25, 2012. OEHHA added methanol to the list of chemicals known to the state to cause reproductive toxicity (Prop. 65) in March. Additional details about the listing and proposed dose level appear in Issue 431 of this Update. See OEHHA News Release, May 17, 2012.

The European Commission has approved a list of 222 health claims—“for example on the role of calcium and bone health or vitamin C and the immune system”—that are permitted for use on food labeling and advertising. According to a May 16, 2012, press release, food manufacturers must adapt their practices to the new requirements by the beginning of December 2012, at which point “all claims that are not authorized and not on hold/under consideration shall be prohibited.” “Today’s decision is the culmination of years of work and marks a major milestone in regulating health claims on food,” said Health and Consumer Policy Commissioner John Dalli. “The EU-wide list of permitted health claims will be available on-line and will allow consumers everywhere in the EU to make an informed choice. Non-scientifically backed claims will have to be removed from the market after a short transition period.”

The European Food Safety Authority (EFSA) has issued a call for data as part of its ongoing risk assessment of bisphenol A (BPA) that includes an exposure assessment from both dietary and non-dietary sources. Spurred in part by a September 2011 report published by the French Agency for Food, Environmental and Occupational Health and Safety, EFSA has asked member states, researchers and other stakeholders to submit (i) “occurrence data in food and beverages intended for human consumption”; (ii) “migration data from food contact materials”; and (iii) “occurrence data in food contact materials.” According to EFSA, its latest BPA assessment will consider the “most vulnerable groups of the population (e.g. pregnant women, infants and children, etc.)” and rely on occurrence data “available in the public domain and from scientific literature” as well as any available biomonitoring data. The agency will accept data submissions until July 31, 2012.

Health and consumer organizations have urged the Obama administration to provide calorie labeling in “all retail food establishments that sell restaurant-type food, including supermarkets, convenience stores, movie theaters, casinos, bowling alleys, stadium, cafes in superstores, and hotels.” In a May 16, 2012, letter, representatives of more than 20 organizations in the National Alliance for Nutrition & Activity (NANA) took issue with the Food and Drug Administration’s (FDA’s) definition of “retail food establishments” as outlined in an April 2011 proposal for nutritional menu labeling for chain restaurants and vending machines mandated under the Affordable Care Act. The proposed rule was covered in Issue 389 of this Update. NANA argued that the definition would not only exclude other venues but “significantly limit the ability of consumers to make informed choices by reducing the number of venues providing calorie labeling.” In addition, the group advocates the inclusion of alcohol labeling in FDA’s final…

Referring to a report on the presence of antibiotic residues in distillers grain, an ethanol-production byproduct used as animal feed, U.S. Representatives Edward Markey (D-Mass.) and Louise Slaughter (D-N.Y.) have requested that Food and Drug Administration (FDA) Commissioner Margaret Hamburg provide information about the agency’s surveys of these residues and explain why FDA has not acted to ensure that ethanol producers are complying with federal food additives law. In their May 11, 2012, letter, the lawmakers contend that the misuse of antibiotics leads to the growth of antibiotic-resistant bacteria that threaten human health and results in the deaths of some 90,000 people annually. They note, “[t]he same antibiotics that are used in animal agriculture and that are important for human medicine such as penicillin, erythromycin, virginiamycin and tylosin, are also used by ethanol producers in order to prevent bacterial growth during the corn-based ethanol fermentation process. Producers sell the byproduct…

Close