The U.S. Department of Agriculture, Food and Drug Administration, Office of the Under Secretary for Food Safety, and U.S. Department of Health and Human Services have announced a February 22, 2011, public meeting in College Park, Maryland, to provide information and receive public comments on draft U.S. positions to be discussed at the 5th session of the Codex Committee on Contaminants in Foods (CCCF) on March 21-25 in The Hague, The Netherlands. Among other things, CCCF “establishes or endorses permitted maximum levels of contaminants, and where necessary revises existing guidelines for contaminants and naturally occurring toxicants in food and feed.” Agenda items include proposed draft maximum levels for melamine in liquid infant formula, deoxynivalenol and its acetylated derivatives in cereals and cereal-based products, and total aflaxtoxins in dried figs. Topics for discussion papers include mycotoxins in sorghum, arsenic in rice, ochratoxin A in cocoa, and furan. See Federal Register, February…
Category Archives Legislation, Regulations and Standards
The U.S. Department of Commerce (DOC) and National Oceanic and Atmospheric Administration (NOAA) have solicited public comment on complementary draft policies aiming “to enable the development of sustainable marine aquaculture.” According to NOAA, these policies apply to “the farming of marine organisms such as shellfish, finfish, and algae for food, habitat restoration, and rebuilding of wild fish stocks,” and outline how the agency plans “to fund research into innovative aquaculture technologies, work with partners to create job initiatives that encourage the growth of the industry, and grant access to favorable sites for aquaculture facilities.” To this end, the NOAA draft policy specifically offers “a national approach for supporting sustainable commercial production, expanding restoration aquaculture, and researching and developing new technologies.” It also includes principles meant to guide the regulation of aquaculture in federal waters, with an emphasis on (i) ecosystem compatibility, (ii) compatibility with other uses, (iii) the best available…
The U.S. Department of Agriculture’s (USDA’s) Animal and Plant Health Inspection Service (APHIS) has issued a determination of nonregulated status for a corn variety genetically engineered (GE) to facilitate ethanol production. Developed by Syngenta Seeds, Inc., Event 3272 or Enogen™ corn produces a microbial enzyme that, according to the petition for deregulation, is “unlikely to pose a plant pest risk and, therefore, should not be a regulated article under APHIS’ regulations in 7 CFR part 340.” After reviewing the scientific data and soliciting public feedback on a draft environmental assessment, APHIS has agreed that this variety of GE corn “should be granted nonregulated status” as of February 15, 2011. See Federal Register, February 15, 2011. Meanwhile, corn millers and other food industry interests have reportedly criticized the decision, telling The New York Times that cross-pollination with food-grade corn “could lead to crumbly corn chips, soggy cereal, loaves of bread with soupy…
The Government Accountability Office (GAO) has issued an update to its “High-Risk Series” report in which it attempts to “focus attention on government operations that it identifies as high risk due to their greater vulnerabilities to fraud, waste, abuse, and mismanagement or the need for transformation to address economy, efficiency, or effectiveness challenges.” Among other matters, the report continues to call for revamping federal oversight of food safety. Citing the nationwide 2010 Salmonella-tainted egg recall as an example, GAO contends that fragmented federal oversight has created food safety challenges. While the Food Safety Modernization Act has expanded Food and Drug Administration oversight authority, GAO recommends that Congress “also consider enacting comprehensive, uniform, and risk-based food safety legislation [and] commissioning a detailed analysis of alternative organizational structures for food safety.”
The Center for Science in the Public Interest (CSPI) has filed a regulatory petition with the Food and Drug Administration (FDA), asking the agency to prohibit two types of caramel coloring used in cola, beer, soy sauce, and other foods. According to CSPI, “the artificial brown coloring in colas and some other products is made by reacting sugars with ammonia and sulfites under high pressure and temperatures,” resulting in “the formation of 2-methylimidazole [2-MI] and 4-methylimidazole [4-MI], which in government-conducted studies caused lung, liver, or thyroid cancer or leukemia in laboratory mice or rats.” The consumer watchdog is thus urging FDA to prohibit Caramel III and Caramel IV food colorings because both are made with ammonia. Experts with ties to the National Toxicology Program (NTP) have also penned a letter in support of this request, citing several NTP animal studies finding “’clear evidence’ for carcinogenicity” of both 2-MI and 4-MI. “[T]he…
New York Times food columnist Mark Bittman tackles the U.S. Department of Agriculture’s (USDA’s) latest dietary guidelines in this opinion piece claiming that “the agency’s nutrition experts are at odds with its other mission: to promote our bounty in whatever form its processors make it.” According to Bittman, the guidelines are clearest when promoting “good” foods like fresh produce, but become “vague” when describing what not to eat, often resorting to scientific language and acronyms like SOFAS—Solid Fats and Added Sugars—“to avoid offending meat and sugar lobbies.” “The [USDA] can succeed at its conflicting goals only by convincing us that eating manufactured food lower in SOFAS is ‘healthy,’ thus implicitly endorsing hyper-engineered junk food with added fiber, reduced and solid fats and so on, ‘food’ that is often unimaginably far from its origins,” opines Bittman. “The advice people need is to cook and eat more real food, at the expense…
A U.S. Department of Agriculture (USDA) economist, writing in the Journal of Consumer Affairs, has reportedly cited the lack of a suitable definition for nanotechnology as an obstacle to the potential labeling of foods and packaging incorporating nanoparticles or materials. According to Jean Buzby, while the National Nanotechnology Initiative defines nanotechnology in terms of size, i.e., “dimensions between approximately 1 and 100nm,” this range “is an arbitrary measure and was not set on any real meaning or relationship between particle size and toxicological effects or kinetics, such as chemical reaction rates.” Buzby apparently opines that the technology’s potential benefits need to be communicated to the public and calls for increased funding for safety research. In a related development, the Carolina Academic Press is reportedly poised to release a law school treatise on nanotechnology titled Nanotechnology Law and Policy Cases and Materials. Authored by Texas Tech University School of Law Professor…
Utah State Representative Bill Wright (R-Holden) has reportedly introduced legislation (H.B. 365) that would exempt from federal regulation all foods grown and consumed within the state’s borders. He was quoted as saying, “Within the state, it’s state’s rights. We already have regulations over those items. We function well now. We don’t think they have a right or authority to regulate those items that are not in interstate commerce, as long as they’re grown within the state, packaged in the state and remain in the state.” A Center for Science in the Public Interest (CSPI) spokesperson apparently responded by claiming that the politician was “playing to people’s fears and misrepresenting the facts and doing it for political purposes.” According to CSPI, Utah merited a “D” grade for its ability to detect contaminated food outbreaks. Some produce and livestock farmers echoed Wright’s concerns, contending that regulations and inspections add costs to their…
Massachusetts public health regulators have reportedly approved proposed rules that would prohibit public schools from selling sweetened soft drinks, salty and calorie-laden packaged snacks, and white bread sandwiches as a way to combat childhood obesity. Effective in the 2012-13 school year, the proposed regulations need the approval of the state’s Public Health Council, which is expected to consider the issue in spring 2011. According to a news source, the proposed regulations would apply to a la carte lines, snack shops and vending machines, but not main cafeteria lines. “You don’t want to be feeding kids a bunch of sugar or low-nutrient foods and expect them to be well-prepared to learn,” said Jill Carter, executive director of the Health and Wellness Department in Boston’s public schools. See The Boston Globe, February 10, 2011.
The German Cabinet has reportedly approved an action plan proposed byFood, Agriculture and Consumer Protection Minister Ilse Aigner that incorporates “tighter rules for dioxin checks into the Food and Feed Code (LFGB)” and proposes several statutory changes to feed production regulations. A response to dioxin-tainted animal feed that temporarily disrupted the European Union’s (EU’s) egg, poultry and pork supply, this early warning system will “enable the supervisory authorities in Germany to respond in a quicker and more targeted manner,” said Aigner, who has vowed “to promote these rules at EU-level. “ The new rules require German food and feed manufacturers “to report all test results on dioxins and similar problem substances to the competent authorities,” who will verify the information and act “immediately” if necessary, and directs private laboratories to “automatically report alarming measurement results of undesired substances that are hazardous to health in foods and animal feed.” According to…
