Based on documents obtained from the U.S. Department of Agriculture (USDA) under the Freedom of Information Act, Food & Water Watch has urged the agency not to expand its pilot HACCP-based inspection project, contending that inspections conducted by poultry processing plant employees miss many defects. While USDA hopes to expand the program, claiming it will save the federal government $90 million and eliminate more than 800 inspector positions over three years, Food & Water Watch asserts that consumer health would be compromised by any such expansion. According to the consumer watchdog, USDA’s pilot project, launched in 1998 and involving two dozen slaughter facilities, relies on untrained plant employees to inspect carcasses for food safety and other consumer protection issues. Many of the pilot plants have apparently been granted line speed waivers and have sped up their lines to 200 birds per minute. In plants where USDA inspectors still conduct conventional…
Category Archives Legislation, Regulations and Standards
Part II of the American Bar Association’s (ABA’s) Nanotechnology Project, this recently released book comprehensively considers, by product category, how the Food and Drug Administration (FDA) reviews nanotechnology-based products. Shook, Hardy & Bacon Agribusiness & Food Safety Attorney James Andreasen was among those practitioners contributing to the work. Among the chapters are “Color Additives,” “Food Additives and Related Substances,” “Dietary Supplements,” “Food and Animal Feed Products,” and “Biological Products.” They address “how FDA can, and to some extent, has, regulated nanomaterials in products falling under its multiple areas of responsibility,” and (i) identify “products that already feature nanomaterials”; (ii) review “FDA’s regulatory program for the specific product category (such as particular pre-market and post-market controls)”; and (iii) discuss “how that program might apply to nanomaterials.”
A federal court in South Carolina has dismissed three of four claims in a lawsuit filed by a family farming operation that claims the Food and Drug Administration’s (FDA’s) 2008 tomato recall, which later proved unnecessary as the agency conceded that tomatoes were not the source of the Salmonella contamination, caused the farm substantial economic harm. Seaside Farm, Inc. v. United States, No. 11-1199 (D.S.C., decided March 6, 2012). Further details about the litigation appear in Issue 395 of this Update. The court dismissed the plaintiff’s Takings Clause claim, the claim that FDA violated the South Carolina Unfair Trade Practices Act and the defamation claim. The plaintiff’s negligence claim will, however, proceed. While the court suggested that this may actually be a claim for defamation and thus may also be subject to dismissal under the Federal Tort Claims Act, because the defendant did not seek to dismiss on this ground, the court declined…
California EPA’s Office of Environmental Health Hazard Assessment (OEHHA) has extended until April 6, 2012, the public comment period for several chemicals, including benzophenone, a substance used in plastic packaging as a UV blocker, that the agency is considering adding to the list of chemicals known to the state to cause cancer (Prop. 65) under the Labor Code mechanism. An interested party apparently requested the extension. Because these are “ministerial listings,” OEHHA has indicated that comments should be limited “to whether the International Agency for Research on Cancer has identified the specific chemical or substance as a known or potential human or animal carcinogen.”
The U.K.’s Advertising Standards Authority (ASA) has determined that a series of tweets from Rio Ferdinand and Katie Price that culminated in messages specifically referencing and showing a photo of these personalities with Snickers® bars did not violate the U.K. Code of Non-broadcast Advertising, Sales Promotion and Direct Marketing (Code). The initial tweets did not contain any indication that they were sponsored by Mars Chocolate UK Ltd. The final tweets, with the Snickers® content, included “#spon” to indicate they were sponsored and the “strap line ‘you’re not you when you’re hungry.’” According to Mars, the strap line was intended to tie into the earlier tweets, “because their content would not usually be associated with the celebrity tweeters.” The company also indicated that it believed only the final tweets were marketing communications and that the earlier tweets did not require identification as marketing communications. In the alternative, the company explained that “the…
The U.K.’s Advertising Standards Authority (ASA) has censured Kellogg Marketing and Sales Co. (UK), Ltd. for falsely claiming on its website, in relation to promotions for children’s breakfast cereals, that “A panel of world health experts recently reviewed all the scientific evidence and concluded that a high sugar intake is not related to obesity, or the development of diseases such as heart disease, diabetes, high blood pressure or cancer.” ASA acknowledged that Kellogg’s had based the claim on “credible scientific evidence and review,” but noted that the company’s wording, without qualifiers, did not account for contrary evidence and “implied there was absolute certainty about the claims being made,” which is not the case. Because Kellogg’s had “referred in particular to a high sugar intake,” ASA concluded that the claim was misleading given the number of authoritative government cautions about limiting the quantity of sugary foods consumed. The company apparently assured…
The Council of the European Union (EU) has adopted a directive banning the use of added sugars in any fruit juices sold in Europe. According to a March 8, 2012, Council press release, the new directive “incorporates the current industry practice of not adding sugars to fruit juices” and will phase out “no added sugars” labeling after a transitional period, at the end of which “all fruit juices present on the market are not allowed to contain added sugars anymore.” The directive also addresses labeling for fruit nectars, which evidently cannot be made without added sweeteners; adds tomatoes “to the list of fruits used for fruit juice production”; and confirms that product names must indicate the fruits included in the juice. Expected to take effect by the beginning of June, the directive gives member states 18 months after enactment to transpose its provisions into national law. “The new rules will apply…
The U.N. Special Rapporteur on the Right to Food Olivier De Schutter recently presented a report before the U.N. Human Rights Council, calling for governments to enact five priority actions to curb malnourishment, micronutrient deficiency and obesity in populations worldwide. In particular, De Schutter has urged policy makers to consider (i) “taxing unhealthy products”; (ii) “regulating foods high in saturated fats, salt and sugar”; (iii) “cracking down on junk food advertising”; (iv) “overhauling misguided agricultural subsidies that can make certain ingredients cheaper than others”; and (v) “supporting local food production so that consumers have access to healthy, fresh and nutritious foods.” According to a March 6, 2012, press release, the independent expert told the council that in 2010 “U.S. companies spent $8.5 billion advertising food, candy and non-alcoholic beverages, while $44 million was budgeted for the U.S. government’s primary standing healthy eating program.” He also reportedly pointed to “the abundance…
The Food Safety and Inspection Service (FSIS) has issued policy guidance that provides criteria for federally inspected establishments to select commercial or private laboratories to analyze testing samples. Created for businesses that prepare meat, poultry or processed egg products, the document attempts to ensure that “microbiological testing performed on their behalf meets their food safety needs.” FSIS encourages federally regulated establishments, which are required to produce commercial products that are safe and not adulterated or misbranded, to select labs that provide accurate, reliable test results by maintaining Quality Control or Quality Assurance practices. The establishments may undergo microbiological testing for reasons such as “fulfilling regulatory requirements, supporting ongoing verification of HACCP [Hazard Analysis & Critical Control Points] plans, supporting decisions made in the establishment’s hazard analysis, evaluating the effectiveness of the establishment’s sanitation program, or complying with purchase specifications or requirements.” FSIS requests comments by May 7, 2012. See Federal Register,…
The Food and Drug Administration (FDA) has announced the availability of industry guidance concerning drugs for veterinary care. The guidance provides “recommendations on what documentation to submit to support the CMC [Chemistry, Manufacturing, and Controls] information for fermentation-derived intermediates, drug substances, and related drug products for veterinary medicinal use.” Noting that a variety of products are manufactured from fermentation processes, such as “competitive exclusion products” that consist of one or more microorganisms intended to prevent harmful bacteria like Salmonella from colonizing, FDA has requested comments on the guidance at any time. See Federal Register, March 8, 2012.
