U.S. Senator Patrick Leahy (D-Vt.) has introduced a bill (S.3767) that would “hold violators of food safety standards accountable for their crimes.” The Food Safety Accountability Act would establish a new offense in the criminal code by making it unlawful for any person to knowingly introduce or deliver tainted or mislabeled food into the nation’s food supply. Among other things, it would allow federal prosecutors to seek prison sentences of up to 10 years. The proposal has been referred to the Senate Judiciary Committee.
Category Archives Legislation, Regulations and Standards
A U.S. Government Accountability Office (GAO) report to Congress has concluded that perchlorate, which interferes with iodine uptake and poses potential effects on fetal and infant brain development and growth, is ubiquitous in the nation’s water and food supply. The chemical is a product of both man-made processes, occurring in rocket fuel, explosives and fireworks, and atmospheric processes. It can be found in drinking water, ground water, surface water, soil and sediment and has been detected in 74 percent of foods tested, with the highest levels in tomatoes and spinach. GAO was apparently asked to learn what is known about the extent of perchlorate in water and food supplies, its likely sources, actions federal agencies have taken to respond to or reduce perchlorate releases, and state regulatory actions. The report, titled “Perchlorate: Occurrence is Widespread but at Varying Levels; Federal Agencies Have Taken Some Actions to Respond to and Lessen…
The Food and Drug Administration (FDA) recently issued a warning letter to the New York-based manufacturer of “Magic Power Coffee,” a product that purportedly contains the active ingredient used in erectile dysfunction medications. According to the letter, INZ Distributors, Inc., has marketed the coffee as a conventional food despite the presence of hydroxythiohomosildenafil, an analogue of sildenafil that is a phosphodiesterase type 5 inhibitor “well known to have an effect on the structure or function of the body.” The company has also included instructions to use its product “approximately 30-45 minutes prior to engaging in sexual intercourse.” On the basis of the synthetic active pharmaceutical ingredient and these labeling claims, FDA has concluded that “Magic Power Coffee” is not primarily consumed “for its taste, aroma or nutritive value.” The agency has thus deemed the product an unapproved new drug and a misbranded drug in violation of the Food, Drug, and…
The Corn Refiners Association has petitioned the Food and Drug Administration (FDA) “to allow manufacturers the option of using ‘corn sugar’ as an alternative name for high fructose corn syrup.” The trade group contends that the public is confused about what the sweetener is and that “‘corn sugar’ succinctly and accurately describes what this natural ingredient is and where it comes from—corn.” According to an association press release, “Contrary to widespread consumer belief, high fructose corn syrup—a safe and affordable natural sweetener found in many popular products on grocery shelves—is not high in fructose when compared with other commonly used nutritive sweeteners, including table sugar, honey and fruit juice concentrates.” Food industry critics immediately responded to news about the petition by claiming those who produce high-fructose corn syrup (HFCS) are less concerned about “epidemic rates of obesity, diabetes and corn allergies” than they are about “a 20 year low in…
After the U.S. Department of Agriculture announced that it had begun issuing permits to sugar beet seed producers to plant genetically modified (GM) crops this fall, the Center for Food Safety and a number of other groups filed a lawsuit in federal court challenging the action. When Agriculture Secretary Tom Vilsack announced the agency’s “next steps” as to Roundup Ready® sugar beets, he acknowledged the August 2010 federal court ruling that returned GM sugar beets to regulated status until the Animal and Plant Health Inspection Service (APHIS) can complete an environmental impact statement (EIS) about the effects of deregulating the crop. According to APHIS, producers who have applied for the permits will be allowed to plant GM seedlings immediately but must not allow them to flower, and the agency will make decisions about interim regulatory measures by the end of the year on the seed producer’s request to partially deregulate…
Concerned about regulatory coordination issues, the omission of new environmental data and an apparent failure to recognize collaborative stakeholder efforts, nanotech industry interests have reportedly urged Cal/EPA’s Office of Environmental Health Hazard Assessment (OEHHA) and researchers with the University of California at San Francisco (UCSF) to revise a draft April 2010 report on nanomaterial regulation. Additional information about the report appears in Issue 346 of this Update. The draft report contains broad recommendations for state regulation of nanoscale materials, and industry is apparently concerned that its findings do not account for rapidly emerging developments. According to a letter submitted to the agency in August 2010, the draft report fails to recognize the efforts of industry, government agencies and other stakeholders to address many of the questions raised in the report, nor does it discuss the “virtual explosion of research, information and real progress in addressing these matters over the past…
The U.K. Food Standards Agency (FSA) has announced that as of September 1, 2010, the agency handed over several responsibilities to the departments of Health (DH) and Environmental, Food and Rural Affairs (Defra). Under the restructuring—which does not currently apply to operations to Scotland, Wales and Northern Ireland—FSA in England will continue to handle the following safety aspects of food labeling: (i) “expert scientific advice on the food safety aspects of date marking”; (ii) “assessment and labeling of ingredients/foods with food safety implications (e.g. allergens, glycols, high caffeine, high glycyrrhizinic acid)”; (iii) “food safety aspects of organic food and of foods controlled by compositional standards”; (iv) “treatments and conditions of use with food safety implications (e.g. quick frozen foods, raw drinking milk and pasteurisation, food contact materials)”; (v) “GM and novel foods (including use of nanotechnology)”; (vi) “animal feed, including Codex Intergovernmental Task Force on Animal Feeding”; (vii) “food safety…
A coalition representing more than 40 consumer, environmental and scientific groups has submitted a comment to the Canadian General Standards Board Committee (CGSBC), objecting to several provisions in a proposed Canadian Organic Aquaculture Standard. According to a press release, the joint letter alleges that the draft standard “is contrary to the basic principles of organics as it would allow certification of net pen farmed salmon” and other carnivorous finfish. The signatories take particular umbrage at the sections relating to net pen production that would reportedly permit (i) antibiotic and pesticide use; (ii) “uncontrolled” waste disposal into the ocean; (iii) unlimited use of “sustainable” wild fish in feed; and (iv) feed containing 30 percent or less “non-organic, unsustainable sources” if organic sources are not available. The letter also raises concern about “the spread of disease and parasites lethal to wild fish,” as well as the possibility of escaping farm fish and…
The U.S. Department of Agriculture’s National Organic Program (NOP) has prepared a handbook that provides guidance and instructions for those who own, manage or certify organic businesses. In addition to federal regulations and recordkeeping requirements, the first-edition handbook covers topics that include: (i) “the allowance of green waste in organic production systems”; (ii) “approval of liquid fertilizers in organic production”; (iii) “certification of organic yeast”; (iv) “processed animal manures in organic crop production”; (v) “reassessed inert ingredients”; and “the calculation of dry matter intake for NOP’s access to pasture requirements.” See USDA Press Release, September 2, 2010. In a related development, USDA’s Agricultural Marketing Service (AMS) has reportedly issued new NOP enforcement procedures to ensure that “all complaints of alleged violations and civil penalties are consistently handled.” NOP will now work with accredited certifying agents to investigate complaints about alleged violations, in addition to handling enforcement. “The changes we are…
The Food and Drug Administration (FDA) has notified the presidents of the Dr. Pepper Snapple Group and Unilever, Inc. warning them that their green tea products are misbranded because they make nutritional or health-related claims in violation of federal law. Specifically, FDA takes issue with antioxidant claims used to promote Canada Dry Sparkling Green Tea Ginger Ale® and the cholesterol-lowering claims used to promote Lipton Green Tea 100% Natural Naturally Decaffeinated®. According to FDA, ginger ale, as a carbonated beverage, is a snack food that may not be fortified, and therapeutic claims make green tea a drug requiring the agency’s pre-marketing approval. The letters call for corrective action and a response.
