The European Commission has proposed legislation that would allow member states to set their own policies for regulating genetically modified (GM) crops. If approved by the European Parliament and individual governments, the proposal would permit countries to approve, restrict or prohibit the cultivation of GM crops, even those deemed safe by the scientific mechanisms currently in place. Under this new framework, member states could bar GM crops for reasons “other than the identification of a risk for the environment, human or animal health.” See EC Citizen’s Summary, July 13, 2010. The proposed legislation apparently seeks to end a 12-year gridlock among member states with different stances toward GM crops. In light of this dilemma, the commission has also drafted new recommendations for avoiding the unintended presence of GM products in those marketed as GM-free. This non-binding guidance (i) “allows for measures aiming to limit GMO content in conventional food and feed…
Category Archives Legislation, Regulations and Standards
The Food and Drug Administration (FDA) has submitted to the Office of Management and Budget a proposed information collection related to food labeling regulations. According to FDA, these regulations govern the submission of food labeling petitions and require food producers to: (i) disclose specific information about themselves or their products on labeling; (ii) retain records establishing the basis for the information contained on labeling; and (iii) provide these records to regulatory officials. The information collection notice provides estimated annual reporting and recording keeping burdens for these regulations. FDA has noted that it is no longer combining these burden hour estimates with those in information collections titled, “Food Labeling: Nutritional Labeling of Dietary Supplements on a ‘Per Day’ Basis” and “Food Labeling: Trans Fatty Acids in Nutrition Labeling,” although “[s]uch consolidation may occur in the future.” The agency will accept comments until August 16, 2010. See Federal Register, July 15, 2010.
The Food and Drug Administration (FDA) is seeking public comments on a new federal law that requires certain chain restaurants and retail food operations to post the calorie content of individual items on menus, menu boards and drive-through menu boards. Enacted March 23, 2010, section 4205 of the Affordable Care Act applies to food establishments with 20 or more locations, such as restaurants, coffee shops, delis, movie theaters, bakeries, and ice cream shops. Per-serving information related to the amount of calories, cholesterol, fiber, sodium, sugars, total and complex carbohydrates, total and saturated fat, and total protein must be available in writing on request. The law also compels vending machine operators with 20 or more machines to list calorie information “in close proximity to” each article of food or the selection button. The law instructs FDA to issue proposed regulations to carry out these provisions by March 23, 2011. The agency…
The Federal Trade Commission (FTC) has announced a settlement with Nestlé HealthCare Nutrition, Inc., which the agency contends has deceptively marketed a children’s drink, BOOST Kid Essentials®, as a product clinically shown to reduce illness in children by strengthening the immune system and helping them recover more quickly from diarrhea. The beverage, intended for children ages 1 to 13, contains probiotics embedded in a straw that was “prominently featured in ads for the product.” According to the FTC, the company has agreed to stop making health-related claims about cold or flu viruses “unless the claim is approved by the Food and Drug Administration.” The company has also agreed to cease making claims about diarrhea and reduced absences from day care or school “unless the representation is non-misleading and, at the time of making such representation, the [company] possesses and relies upon competent and reliable scientific evidence that substantiates that the…
U.S. Representative Edward Markey (D-Mass.) has called on the Food and Drug Administration (FDA) to respond to reports that the April 20, 2010, oil spill has contaminated the marine food chain in the Gulf of Mexico with toxins such as arsenic. In a July 13 letter to FDA Commissioner Margaret Hamburg, Markey expressed concern “that the mixture of oil, dispersants, arsenic and other toxic compounds are having effects on seafood that may not be detectable for months.” Markey, chair of the House Select Committee on Energy Independence and Global Warming, said researchers have uncovered droplets of oil found inside crab larvae harvested from gulf waters near Pensacola, Florida; Galveston, Texas; and Grand Isle, Louisiana. “In some areas, 100 percent of the larvae recovered contain droplets of oil hydrocarbons, a major concern given that crab is a favorite food for both humans and multiple fish species that live in the marshes,”…
U.S. Senator Chuck Schumer (D-N.Y.) has asked the Federal Trade Commission (FTC) to investigate the marketing of certain caffeinated malt beverages that “seem to be explicitly designed to attract underage drinkers” and to determine whether new enforcement actions are warranted. In a July 12, 2010, press release, Schumer singled out popular drinks “that appear hip with flashy colors and funky designs” but contain 12 percent alcohol, which is more than twice the amount in a bottle of beer or glass of wine. “However, the labeling and packaging of these beverages renders them nearly indistinguishable from ordinary energy drinks,” Schumer said. “Some stores even stock them directly next to other energy drinks causing further confusion for legal and illegal consumers.” Schumer called the marketing “extremely troubling” in a letter to FTC Chair Jon Leibowitz. “Frankly, it looks to me as if manufacturers are trying to mislead adults and business owners who…
California EPA’s Office of Environmental Health Hazard Assessment (OEHHA) has announced a meeting of its Carcinogen Identification Committee (CIC) on September 21-22, 2010, to consider whether to list 1,3-Dichloro-2-propanol (1,3 DCP) and 3-monochloropropane-1,2 diol (3-MCPD) under Proposition 65 (Prop. 65). These chemicals are apparently produced by treating proteins from hydrolyzed vegetables, such as soya, with hydrochloric acid and are commonly found in soy and related sauces that are not produced using traditional fermenting processes. They have also been found in malt products, sausage, minced beef, ham, and battered and fried fish. Public comments on the 1,3 DCP and 3-MCPD documents that OEHHA has prepared on the basis of a recent request for information must be filed by August 24, 2010.
Ohio Governor Ted Strickland (D) has reportedly announced that the state has reached an agreement with The Humane Society of the United States so that a state constitutional proposal addressing animal-care reforms will not appear on the ballot in the fall. Under the agreement, animal rights interests will work with various state agencies to take action on farm animal care and welfare in exchange for the Humane Society not submitting more than 450,000 signatures to qualify an initiative for inclusion on the November 2, 2010, ballot. The agreement addresses, among other matters, a phase out of hog gestation crates, a transition to group housing for veal calves and the denial of permits to new egg facility applicants based on permitting standards calling for the use of battery cages. Also covered by the agreement are regulations for dog breeding kennels, the possession of dangerous animals and increased penalties on those engaging…
The European Commission’s (EC’s) Joint Research Centre has published a report that explores various definitions for the term “nanomaterial” currently in use around the world in an effort to devise a single definition that could make nanotechnology amenable to regulation. Titled “Considerations on a Definition of Nanomaterial for Regulatory Purposes,” the report observes that nanomaterials are currently being used in food and nutritional ingredients as well as food packaging. The authors call for a single definition of nanomaterial that will be “broadly applicable in EU legislation and policies, legally clear and unambiguous, enforceable through agreed measurement techniques and procedures, and in line with other approaches worldwide.” According to the report, no official definition for the term has yet been adopted in the United States, but the Environmental Protection Agency has proposed a definition for “engineered nanoscale material” under the Toxic Substances Control Act.
The U.S. Department of Agriculture (USDA) has announced a trade agreement with Russia that ends a January 2010 ban on chlorine-treated poultry from the United States. In exchange for lifting the ban, USDA has pledged to post on its website information about “which disinfectants/pathogen reductions treatments are known to be approved by Russia for use on processing poultry and on food generally.” U.S. officials will also provide (i) “information . . . on the solutions that companies use on poultry shipped to Russia,” and (ii) “an updated list of poultry processing facilities authorized to ship poultry to Russia.” The accord came after 25 senators reportedly urged President Barack Obama (D) to take up the issue with Russian President Dmitry Medvedev. “I am pleased that after several months of negotiations, we have finally reached a breakthrough which will allow for U.S. poultry exports to resume to this important market,” stated U.S.…
