Category Archives Legislation, Regulations and Standards

The U.S. Food and Drug Administration's Office of Nutrition and Food Labeling has released guidance providing "step-by-step instructions to manufacturers of retail food products marketed in the United States on how they may convert the previous units of measure for certain nutrients to the new units in the updated Nutrition Facts label." The guidance also "provides information that can help manufacturers understand and comply with relevant labeling requirements," according to the agency's announcement.

California's Office of Environmental Health Hazard Assessment (OEHHA) has released the agenda for its September 19-20, 2019, symposium on synthetic food dyes. OEHHA is "conducting a risk assessment of the potential impacts of synthetic food dyes," focusing on dyes batch-certified by the U.S. Food and Drug Administration (FDA). The symposium, which can be attended in person or via webinar, will feature discussions of the toxicological studies used by FDA to evaluate synthetic food dyes as well as exposures to dyes in American adults' and children's diets.

Illinois has passed a law requiring businesses to indicate on food labels whether a product contains sesame. The amended law deems a food misbranded if "it contains sesame, is offered for sale in package form but not for immediate consumption, and the label does not include sesame." The state representative who sponsored the legislation told the NPR affiliate that his daughter is allergic to sesame and has received incorrect answers when inquiring about the ingredient at restaurants. “If they see us do it, the hope is that everyone does it,” he reportedly told WILL. “I hope that the [U.S. Food and Drug Administration (FDA)] and other states will follow suit." FDA and the U.K. Food Standards Agency have opened investigations into the prevalence of sesame as an allergen in prepared food products, while Canada, the European Union, Australia and Israel have reportedly enacted regulations requiring sesame labeling.

California regulators have reportedly indicated that they will ban the pesticide chlorpyrifos following the Environmental Protection Agency's (EPA's) refusal to ban the substance. “We have to step into the void and take action where the federal government has failed to do so,” the head of the state's environmental agency reportedly told The Los Angeles Times. The announcement also follows a lawsuit filed by California and five other states challenging EPA's decision. In Europe, the approval period for chlorpyrifos ends in January 2020, and the European Food Safety Authority has indicated—without issuing a formal decision—that it has "identified concerns about possible genotoxic effects as well as neurological effects during development, supported by epidemiological data indicating effects in children," according to a press release. "This means that no safe exposure level—or toxicological reference value—can be set for the substance."

The U.K. Advertising Standards Authority (ASA) has upheld a complaint that a television advertisement "perpetuated a harmful stereotype by suggesting that men were incapable of caring for children and would place them at risk as a result of their incompetence." The ad showed a father leaving a baby in a carrier on a conveyor belt as he examined his food options, including Philadelphia cream cheese products. Mondelez argued that it showed two men caring for their children and "took care to ensure the babies were not shown to be coming to any harm." ASA found the arguments persuasive, but it noted that the commercial featured the mother handing the child to the father at the beginning and the father saying "Let's not tell mum" to the child at the end. In this context, ASA found, "we considered the ad relied on the stereotype that men were unable to care for…

The U.S. Department of Justice (DOJ) has announced that Phillip Carawan pleaded guilty to falsely labeling crabmeat worth $4 million as a product of the United States despite being imported. Carawan and his company apparently could not meet customer demand and imported foreign crabmeat to cover orders for U.S.-produced crabmeat. “Seafood mislabeling is consumer fraud that undermines efforts of hardworking, honest fisherman and the free market by devaluing the price of domestic seafood,” the acting U.S. attorney for the Eastern District of North Carolina said in a DOJ press release. “In this case, the fraudulent scheme artificially deflated the cost of domestic blue crab and gave Carawan an unacceptable economic advantage over law-abiding competitors.”

The Minneapolis City Council has reportedly voted to ban the establishment of new drive-thru facilities within city limits. The ordinance does not affect existing restaurants, and businesses are permitted to alter or expand their drive-thrus. The law reportedly targets carbon emissions caused by idling cars.

U.S. Reps. Chellie Pingree (D-Maine) and Dan Newhouse (R-Wash.) have introduced the Food Date Labeling Act, which aims to "end consumer confusion around food date labeling and ensure Americans do not throw out perfectly good food," according to a press release. Sen. Richard Blumenthal (D-Conn.) has introduced a companion bill in the Senate. The proposed law would establish "Best if Used By" to communicate that the quality may decline following the listed date, while "Use By" would communicate that a product should not be consumed after the listed date. "Food labeling is important for consumer education, but the current practice is confusing and outdated. This bill takes a step toward reducing food waste by helping consumers understand the meaning behind date labels," Newhouse is quoted as saying. "The legislation also helps restaurants and grocery stores bridge the gap when it comes to donating food to shelters, food banks and other…

The EU Energy and Environment Subcommittee of the U.K. House of Lords has submitted a letter to the country's agriculture minister in response to a EU committee's approval of a measure that would prohibit the use of meat-associated words and phrases—including "sausage," "burger" and "steak"—to describe plant-derived products. "Veggie tubes proposal a misteak," the subcommittee's press release headline states. "Our witnesses were unanimous in the view that current naming conventions around vegetarian burgers and sausages are clear and easy to understand," the letter states. "[W]e are concerned that the amendment would in fact reduce consumer clarity, be a barrier to growth for a burgeoning sector of the food industry, and ultimately make it more challenging for people to reduce the amount of meat in their diet at a time when Government should be seeking to encourage the opposite." The letter also notes that the amendment is "unlikely to apply directly…

In testimony before the House Agriculture Subcommittee, Under Secretary of Agriculture Greg Ibach suggested that genetically modified organisms (GMOs) could potentially be used in the production of organic foods eventually. "As the National Organic Standards Board set the rules originally, right now GMO or transgenics are not eligible to be in the Organic Program, but we've seen new technology evolve that includes gene editing that accomplishes things in shorter periods of time that can be done through a natural breeding process," Ibach stated. "I think there is the opportunity to open the discussion to consider whether it is appropriate for some of these new technologies that include gene editing to be eligible to be used to enhance organic production and to have resistant varieties—drought-resistant, disease-resistant varieties as well as higher-yielding varieties—available." Meanwhile, the European Food Safety Authority (EFSA) released guidance on how human dietary exposure to newly expressed proteins in…

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