Category Archives Legislation, Regulations and Standards

The Carcinogen Identification Committee of California EPA’s Office of Environmental Health Hazard Assessment (OEHHA) will meet October 12-13, 2011, to consider, among other matters, whether bisphenol A (BPA) should be designated as a high priority for preparation of hazard identification materials and further considered for inclusion on the state’s list of chemicals known to cause cancer (Prop. 65). Among those filing comments on the proposal are the Polycarbonate/BPA Global Group of the American Chemistry Council, North American Metal Packaging Alliance, Grocery Manufacturers Association, and Toy Industry Association. They contend that BPA should be designated as a low priority.

In a move garnering international attention, the Danish government has reportedly approved a new excise tax on butter, cream, cheese, and other foods that contain more than 2.3 percent saturated fat per total weight. According to the Copenhagen Post, the levy took effect October 1, 2011, and “amounts to a 16 kroner duty per solid kilo of saturated fat,” raising the price of a standard butter package to 18 kroner from 15.50 kroner and 500 grams of 45 percent fat cheese to 36 kroner from 34.50 kroner. This so-called fat tax has already drawn criticism from some retailers and industry groups such as the Danish Agriculture and Food Council, which has estimated the annual cost per family at 1,000 kroner. But the measure has also piqued curiosity abroad, where health advocates are purportedly eager to see whether consumers will alter their diets or pay the higher prices. “It’s the first ever…

The Food and Drug Administration (FDA) has issued industry guidance concerning new fee provisions under the Food Safety Modernization Act. The guidance aims to provide answers to common questions about FDA’s plans for implementing the fees in fiscal year 2012. In particular, the guidance addresses such topics as fees for import re-inspections and non-compliance of a recall order, and FDA’s process for requesting fee reductions. FDA will accept comments at any time. See Federal Register, October 6, 2011.

The Food and Drug Administration (FDA) recently announced the availability of its draft Foods and Veterinary Medicine Strategic Plan 2012 – 2016, which takes into account “all of the activities within the jurisdictions of the Center for Food Safety and Applied Nutrition and the Center for Veterinary Medicine and includes activities supported by the Office of Regulatory Affairs.” According to the executive summary, the Foods and Veterinary Medicine (FVM) Program aims to protect the American food supply by securing high rates of compliance with science-based food safety and labeling standards as well as implementing “integrated, prevention-oriented and risk-based programs.” To this end, the 2012-2016 plan identifies one cross-cutting goal—to “improve effectiveness and efficiency across all levels of the FVM program”—as well as seven program goals: (i) “Establish science-based preventive control standards across the farm-to-table continuum”; (ii) “Achieve high rates of compliance with preventive control standards domestically and internationally”; (iii) “Strengthen…

The Food and Drug Administration (FDA) has issued a report as part of a transparency initiative offering eight draft proposals “to make FDA’s publicly available compliance and enforcement data more accessible and user-friendly.” Based on public comments, an initiative task force will recommend specific draft proposals for FDA Commissioner Margaret Hamburg to consider by January 31, 2012. In particular, the report recommends that FDA explore (i) “different ways to improve data quality and facilitate more timely data disclosure,” (ii) “how to present its compliance and enforcement data graphically and better utilize mobile web applications,” (iii) “whether posting additional data compilations or analysis… would increase transparency,” and (iv) “ways to better utilize social media.” FDA requests comments by December 2, 2011. See Federal Register, October 4, 2011.

The U.S. Department of Agriculture’s Animal and Plant Health Inspection Service (APHIS) has issued a proposed rule that would amend and republish “the list of selected agents and toxins that have the potential to pose a severe threat to animal or plant health, or to animal or plant products.” The Agricultural Bioterrorism Protection Act of 2002 requires APHIS to review the list on a biennial basis and submit revisions as necessary. Among the criteria APHIS considers when determining the status of an agent or toxin are (i) the effects of exposure on animal or plant health and on the “production and marketability” of an animal or plant product, (ii) the pathogenicity of the agent or toxin, (iii) the ability to treat or prevent any illness caused by the agent or toxin, and (iv) any other factors deemed essential for the protection of animal and plant health. The agency requests comments…

The Federal Trade Commission (FTC) has entered a 20-year consent order with Phusion Projects, LLC, the maker of Four Loko®, an alcoholic beverage that has generated significant controversy for its “super-size” container and previous inclusion of caffeine, which some allege has led to binge-drinking and adverse health effects. In re: Phusion Projects, LLC, No. 112-3084 (FTC). According to an FTC news release, “The marketers of Four Loko have agreed to re-label and repackage the supersized, high-alcohol, fruit-flavored, carbonated malt beverage, to resolve Federal Trade Commission charges of deceptive advertising.” FTC alleged that the company’s advertisements, packaging and promotional material misrepresented the amount of alcohol in its products and, in fact, implied that a 23.5-ounce can of the beverage contains the alcohol equivalent of just one or two regular 12-ounce beers. The product actually contains alcohol equivalent to 4.7 regular beers, according to FTC. “As a result, consuming a single can…

Two members of the U.S. House of Representatives have written a letter requesting an investigation and hearing into the recent outbreak of Listeria monocytogenes in cantaloupe. Representatives Henry Waxman (D-Calif.) and Diana DeGette (D-Colo.) asked the House Energy and Commerce Committee and its subcommittee on oversight and investigations to conduct a probe into Listeria purportedly found at Jensen Farms in Colorado. As of October 3, 2011, the outbreak has reportedly spread to 20 states and killed 18 since it began on or after July 31, according to a CDC report. Calling the event “the nation’s deadliest outbreak of foodborne disease in more than a decade,” the lawmakers have pressed for Jensen Farm records detailing inspections and communications with federal regulators, documents related to the company’s product monitoring, and a description of when and where Listeria contamination was first detected. “As the death toll sadly continues to climb, a congressional hearing into this matter…

The Office for the Under Secretary for Food Safety, the U.S. Department of Agriculture and the Food and Drug Administration have announced an October 4, 2011, public meeting in Washington, D.C., to provide information and receive public comments on draft U.S. positions to be discussed at the 19th session of the Codex Committee on Food Import and Export Inspection and Certification Systems (CCFICS) on October 17-21 in Cairns, Australia. CCFICS is responsible for such things as “harmonizing methods and procedures which protect the health of consumers, ensure fair trading practices and facilitate international trade in foodstuffs.” Agenda items include relevant activities of the World Health Organization and draft guidelines for national food-control systems. See Federal Register, September 27, 2011.

U.S. Representatives Joe Barton (R-Texas) and Edward Markey (D-Mass.) have written a September 26, 2011, letter to Federal Trade Commission (FTC) Chair Jon Leibowitz, expressing concern over the practices used by some web services to track online behavior. The congressmen, who co-chair the Bi-Partisan Privacy Caucus, cited an August 18 Wall Street Journal article that raised questions about “supercookies,” files installed on computers which apparently allow websites “to collect detailed personal data about users” and which persist “even when consumers choose to delete regular cookies.” Believing that such practices should be banned, Barton and Markey call on FTC “to investigate the usage and impact of supercookies on the Internet and consumers.” “We believe that an investigation of the usage of supercookies would fall within the FTC’s mandate as stipulated in Section 5 of the Federal Trade Commission Act with respect to protecting Americans from ‘unfair and deceptive acts or practices,’” wrote…

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