Category Archives Legislation, Regulations and Standards

A New Mexico rancher has reportedly petitioned the U.S. Department of Agriculture (USDA) to operate the first horse slaughterhouse since the ban for such operations was lifted in November 2011. Since 2006, the federal government has essentially blocked horse slaughterhouses because Congress did not fund their legally required USDA inspections. Those inspections, however, were approved by lawmakers in last year’s agricultural spending bill. According to a news source, Rick De Los Santos, part-owner of Valley Meat Co. in Roswell, plans to slaughter 20 to 25 horses a day and export the meat to Mexico for human consumption. He asserts that more than 100,000 American horses are shipped to slaughterhouses in Mexico and Canada, with some of the meat exported to Europe and Asia. “Everyone who’s ever eaten tacos in Mexico, I guarantee you they’ve eaten horse meat down there,” De Los Santos said. “It would never be my intention to…

Sweden has banned the use of bisphenol A (BPA) in food packaging intended for children younger than age 3. Mainly affecting the lids of baby food jars, the April 13, 2012, edict also gave the Swedish Chemicals Agency three months to investigate whether the chemical should be prohibited in certain types of thermal paper, such as tickets and receipts, and other relevant agencies the opportunity to determine the extent of its use in drinking-water pipes, toys and other children’s goods. Minister for the Environment Lena Ek, who said she plans to raise the BPA issue soon with the European Commission and European Union (EU) member states, noted that the ban ensures that the country’s current voluntary phaseout of BPA-free packaging becomes permanent. “As a matter of caution, we are now acting in all areas that the agencies believe play a significant role in the exposure of young children,” she said.…

The U.K. Food Standards Agency (FSA) has released its fourth Food Surveillance Information Sheet analyzing acrylamide and furan levels in 248 retail products from 10 food groups. Conducted from 2007 to 2011, the survey apparently revealed “an upward trend in acrylamide levels in processed cereal-based baby foods (excluding rusks), and a reduction in other products, such as pre-cooked French fries, potato products for home cooking and bread.” Although FSA did not note any concern for human health risks, it reported that, of the 248 products surveyed, 13 samples contained acrylamide levels “that exceeded the ‘indicative value’ (IV) for their food group” and therefore warrant investigation by “the relevant local authority.” “The Agency advises that chips should be cooked to a light golden color. Bread and bread products should also be toasted to the lightest color possible,” stated FSA, which will send its findings to the European Food Safety Authority for…

The Humane Society of the United States (HSUS) has reportedly filed a legal complaint with the Federal Trade Commission (FTC) alleging that the National Pork Producers Council (NPPC) “is engaging in deceptive advertising related to animal well-being in violation of the Federal Trade Commission Act,” according to an April 18, 2012, press release. In particular, the complaint apparently maintains that NPPC’s “We Care Initiative” and “Pork Quality Assurance [PQA] Plus” program “are riddled with numerous false claims regarding the welfare of pigs, including the trade group’s patently false claim that its PQA Plus program helps to ‘ensure that all animals in the pork industry continue to receive humane care and handling.’” In support of these assertions, HSUS claims to have documented pork industry practices “that most consumers do not consider humane such as the extreme confinement of breeding sows in two-foot-wide metal cages, and painful procedures such as tail ‘docking,’…

The U.S. Alcohol and Tobacco Tax and Trade Bureau (TTB) has issued a final rule ordering “the disclosure of the presence of cochineal extract and carmine on the labels of any alcohol beverage containing one or both of these color additives.” According to TTB, the rule responds to a Food and Drug Administration (FDA) regulation that took effect on January 5, 2011, and requires manufacturers to label these two additives on all food and cosmetic products due to the potential for severe allergic reactions. Effective March 16, 2012, with a final compliance date of April 16, 2013, the TTB rule notes that FDA does not compel labels to disclose that cochineal extract and carmine are derived from insects native to subtropical South America and Mexico. In issuing its final decision, TTB rejected one comment that called for listing the additives’ source despite industry concerns that some consumers “would find the thought…

The Food and Drug Administration (FDA) has issued draft guidance that, in part, addresses the use of nanotechnology in food processing. Among other matters, “FDA considers food manufacturing processes that involve nanotechnology in the same manner as any other food manufacturing technology,” although the agency also apparently recognizes that “nanotechnology and other emerging technologies may introduce issues that warrant additional or different evaluation during a safety assessment of a food substance. For example, so-called nano engineered food substances can have significantly altered bioavailability and may, therefore, raise new safety issues that have not been seen in their traditionally manufactured counterparts.” Accordingly, FDA states, “When a food substance is manufactured to include a particle size distribution shifted more fully into the nanometer range, safety assessments should be based on data relevant to the nanometer version of the food substance. Where nano engineered food substances have new properties, additional or different testing…

The U.K. Advertising Standards Authority (ASA) has upheld a complaint alleging that a radio advertisement for Budweiser® beer violated rule 19.6 of the Broadcast Committee of Advertising Practice code by linking the consumption of alcohol to sexual success. According to ASA, the ad produced by AB InBev UK Ltd. featured a male speaker modeled after “the typical American football coach” giving “a motivational style speech” to other male characters preparing for the evening ahead, which would likely include meeting new people. Although InBev argued that the commercial did not explicitly link consumption of its product to sexual prowess but instead “drew upon the commonly attributed American values of optimism, free-spiritedness and a positive attitude,” ASA interpreted the message as implying that “on such nights [] unexpected and significant events, including conception, could take place.” “We considered the ad was likely to be understood as suggesting the group was preparing for…

The Canadian Food Inspection Agency (CFIA) has proposed amendments to its federal meat inspection rules to better align them with the regulations and policies of major trading partners such as the United States and the European Union. According to CFIA, the plan updates a 1990 rule but does not lower food safety standards. Instead, among other things, it would “repeal certain redundant requirements” to make it easier for small- to medium-sized slaughterhouses and meat-processing plants to achieve federal registration so that they could expand trade opportunities both in and outside Canada. Under current law, Canadian plants that are provincially registered cannot sell or export their meat products outside their home province unless they are also federally registered. According to CFIA, 730 establishments are federally registered and approximately 4,000 are not, most notably because “becoming federally registered is expensive, with costs varying greatly from establishment to establishment in relation to the volume…

The U.S. Department of Agriculture’s Food Safety and Inspection Service and the Food and Drug Administration have announced an April 18, 2012, public meeting in Washington, D.C., to provide information and receive public comments on draft U.S. positions to be discussed at the 40th Session of the Codex Committee on Food Labeling (CCFL) on May 15-18, 2012, in Ottawa, Ontario, Canada. Agenda items include additional conditions for nutrient health claims and comparative claims. See Federal Register, April 9, 2012.

The Food and Drug Administration (FDA) has released industry guidance and a draft regulation about a new voluntary initiative intended to decrease the use of antimicrobials in agricultural animals. According to an April 11, 2012, press release, FDA has issued final guidance for industry titled “The Judicious Use of Medically Important Antimicrobial Drugs in Food-Producing Animals,” which “recommends phasing out the agricultural production use of medically important drugs and phasing in veterinary oversight of therapeutic uses of these drugs.” The agency has also published draft guidance that urges animal pharmaceutical companies to voluntarily remove “production uses of antibiotics from their FDA-approved product labels” and “add, where appropriate, scientifically-supported disease prevention, control, and treatment uses.” These two sets of guidance are supplemented with a proposed veterinary feed directive outlining “ways that veterinarians can authorize the use of certain animal drugs in feed, which is important to make the needed veterinary oversight feasible…

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