According to the Organic Trade Association (OTA), Ohio has decided not to pursue regulations that would prohibit dairy producers from including on their labels statements that organic dairy products are made without antibiotics, pesticides or synthetic hormones. The Sixth Circuit Court of Appeals determined in September 2010 that those parts of the rule involving hormone-free statements violated the First Amendment and remanded the action to the federal district court for further development of the record as to the rule’s ban on composition claims related to antibiotics and pesticides. More details about the court’s ruling appear in Issue 366 of this Update. The trade group stated, “Ohio has now agreed to abandon the rule rather than trying to revive it, recognizing that the First Amendment allows organic dairy products to proudly state that they are produced in accordance with organic standards without the use of synthetic growth hormones, pesticides, or antibiotics.”…
Category Archives Legislation, Regulations and Standards
The U.S. Department of Agriculture’s Food Safety and Inspection Service (FSIS) has issued a final rule amending the definitions and standards of classes of poultry ready for market. Effective January 1, 2014, the measure aims to “ensure that the labeling of poultry products is truthful and not misleading.” According to FSIS, poultry classes have been defined mostly by the bird’s age and sex, but improvements in poultry feeding and management have reduced the “grow-out” period for some classes, allowing producers to have the birds ready for sale much quicker. The new classifications, which have been in the rulemaking process since 2003, reflect “more accurately and clearly describe the characteristics of poultry in the market today,” FSIS noted. The new classifications lower the age of poultry ready for market in five classes—roaster or roasting chickens, broiler or fryer chickens, Rock Cornish game hens, capons, and fryer-roaster turkeys. Roaster chickens, for example,…
The Food and Drug Administration’s (FDA’s) Center for Veterinary Medicine (CVM) has issued an October 24, 2011, memorandum calling for nationwide testing of pet food “to determine the prevalence of Salmonella” and remove contaminated samples from commerce. According to CVM, regulators are concerned about the transmission of “pathogenic and antibiotic-resistant bacteria to humans and other animals,” as well as the risk that Salmonella-tainted pet food, pet treats and supplements for pets could infect consumers in their homes, where products “are likely to be directly handled or ingested by humans.” CVM has directed investigators to collect and submit non-canned pet food, treats and supplements for analysis, which aims to identify “the serotype, genetic fingerprint, and antimicrobial susceptibilities of each Salmonella found in samples.” The agency will also use these samples for “research purposes” and “providing surveillance information on microbes other than Salmonella.” “Salmonella-contaminated pet foods, pet treats and supplements for pets…
The American Public Health Association (APHA) has reportedly passed a resolution asking the Food and Drug Administration (FDA) to revoke salt’s status as a generally recognized as safe (GRAS) substance within one year. According to the resolution, which was unanimously approved during APHA’s 139th Annual Meeting in Washington, D.C., the revocation of salt’s GRAS status would pave the way for FDA regulation and “substantially improve the cardiovascular health of the American public.” Among other things, the resolution recommends that FDA (i) establish a schedule for food manufacturers and preparers to progressively lower sodium levels by 75 percent within the next 10 years; (ii) require front-of-package labels that clearly identify whether products contain high-, medium- or low-sodium levels; and (iii) require the food industry to use 2,300 milligrams (mg) as the current standard of calculating sodium daily values in processed foods and lower the daily values to 1,500 mg by 2017.…
U.S. Representatives Edward Markey (D-Mass.) and Barney Frank (D-Mass.) have reportedly asked the Federal Trade Commission (FTC) to investigate claims that seafood sold in grocery stores, restaurants and markets is often mislabeled. According to the congressmen’s October 31, 2011, letter, two separate investigative reports used DNA testing to conclude that purveyors frequently sold seafood as more expensive or different varieties. In particular, The Boston Globe reported that 48 percent of fish sampled in the area were sold under the wrong name, while Consumer Reports estimated that more than one-fifth of the 190 pieces of seafood it tested in Connecticut, New Jersey and New York were “mislabeled as a different species of fish, incompletely labeled, or misidentified by employees.” The latter report also noted that all 10 of the “lemon soles” and 12 of the 22 “red snappers” purchased were not the species advertised. “Only four of the 14 types of fish…
The New York City Department of Health and Mental Hygiene has unveiled the latest installment of its “Pouring on the Pounds” campaign that describes “how drinking just one 20-ounce soda a day translates to eating 50 pounds of sugar a year.” According to an October 24, 2011, press release, the 30-second TV commercial aims to serve as “a stark reminder to New Yorkers about how sugary drinks can lead to obesity, which can cause diabetes, heart disease, stroke, arthritis and some cancers.” It will be supplemented by bilingual subway ads demonstrating how far a 160-pound person would need to walk at 3.5 miles per hour to burn off the calories from one sugary beverage. “The majority of New York City adults are now overweight or obese, as are 4 in 10 elementary school children and the health consequences are staggering,” said New York City Health Commissioner Thomas Farley. “Sugary drinks…
The European Commission (EC) has reportedly endorsed proposed safety measures aimed at better preventing dioxin contamination in animal food and feed. Prompted by a widespread investigation into an outbreak of the toxin that struck German meat and egg farms in late 2010, the draft regulation will be sent to the European Parliament and the European Council for review before the EC can give its official approval. Implementation is expected throughout the European Union by mid-2012. Details of the outbreak were covered in Issues 376, 377 and 381 of this Update. According to the EC, Germany’s dioxin outbreak occurred when fatty acids intended for technical and industrial use were mixed with vegetable feed fat used in the production of animal feed. To reduce such risks from happening in the future, EU member states approved EC Standing Committee on the Food Chain and Animal Health safety measures designed to “avoid food recalls…
The Food and Drug Administration (FDA) has announced the availability of guidance aimed at helping industry evaluate the safety of flood-affected crops for human consumption. According to FDA, growers are responsible for ensuring the safety of food affected by flood waters, which “may have been exposed to sewage, chemicals, heavy metals, pathogenic microorganisms, or other contaminants.” See Federal Register, October 24, 2011.
The Food and Drug Administration (FDA) has issued industry guidance concerning the “administrative detention of human or animal food.” Providing information about FDA’s authority under the Food Safety and Modernization Act to hold adulterated or misbranded food and prevent it from reaching the marketplace, the guidance explains who can approve an administrative detention order, what food may be subject to detention, who receives a copy of the order, and the appeals process. See Federal Register, October 25, 2011.
The House Committee on Energy and Commerce has requested that the owners of Jensen Farms, identified as the source of the cantaloupe contaminated with Listeria monocytogenes responsible for a nationwide foodborne illness outbreak, schedule a briefing with committee staff. The October 21, 2011, letter also asks that Ryan and Eric Jensen “preserve all documents and communications that may be relevant to understanding the reasons for the contamination and distribution of contaminated products from Jensen Farms.” The committee requests that the staff briefing “occur in person no later than November 3, 2011.
