Category Archives Legislation, Regulations and Standards

The U.S. Department of Agriculture’s (USDA) Food Safety and Inspection Service (FSIS) has announced two public meetings with the Food and Drug Administration (FDA) and the Centers for Disease Control and Prevention (CDC) to hear stakeholder input on collective efforts to reduce illness, harm and death from contaminated food. Extensions of an initial workshop held in March 2010, the meetings will be held July 21, in Chicago, Illinois, and October 20 in Portland, Oregon. Presentations are expected from consumer groups, industry, public health experts, and state and local regulators on recommended measures for assessing food safety performance. CDC, FDA and FSIS will present information on the Food Safety Working Group’s “charge to create meaningful metrics to measure the effectiveness of the nation’s food safety system,” according to USDA. The agencies will also “present current thinking, focusing on how these metrics might be applied to evaluate the success of FDA’s shell…

The Food and Drug Administration (FDA) has announced that its Science Board will hold a public meeting on August 16, 2010, in Bethesda, Maryland. Tasked with advising officials on “specific complex and technical issues, as well as emerging issues within the scientific community in industry and academia,” the board keeps pace with “technical and scientific evolutions in the fields of regulatory science.” At this meeting, it will hear a subcommittee’s final report on research at the Center for Food Safety and Applied Nutrition (CFSAN), as well as discuss the agency’s nanotechnology research program, among other agenda items. FDA has stated that it intends to make background material available on its website “no later than [two] business days before the meeting.” The agency will also accept written data submissions on or before August 9, 2010, and proposals for formal oral presentations on or before August 2, 2010. See Federal Register, June…

The Food and Drug Administration (FDA) has issued draft guidance that urges the “judicious” use of antibiotics in food-producing animals to minimize drug resistance in humans. The guidance recommends limiting “medically important” antimicrobial drugs to uses deemed necessary for animal health on the basis of veterinary oversight or consultation. It supports the theory that “nontheraputic” or “subtherapeutic” antibiotic use for production or growth enhancing purposes “is not in the interest of protecting and promoting the public health.” FDA has requested written comments by August 30, 2010. See FDA News Release, June 28, 2010; Federal Register, June 29, 2010. FDA Principal Deputy Commissioner Joshua Sharfstein has called the matter an urgent public health issue, telling news sources that the agency would issue new regulations if farmers do not voluntarily adhere to them. “We’re not handcuffed to the steering wheel of a particular strategy, but I’m not ruling out anything that we…

Hundreds of farmers reportedly attended one in a continuing series of Department of Justice (DOJ) hearings on antitrust issues in agriculture. The focus of the meeting held at the University of Wisconsin-Madison was on the dairy industry. According to U.S. Agriculture Secretary Tom Vilsack, the number of dairy farms has fallen from 111,000 in 2000 to 65,000 today. Farm consolidation and voluntary retirement are reportedly responsible for some of the losses, but most are purportedly due to farmers forced out of business by high costs and the low prices they receive for dairy products. Some of the dairy farmers who spoke during the June 25, 2010, meeting reportedly complained about how prices are set for dairy products by mercantile exchanges; others pointed to the largest dairy companies as the source of reductions in competition. A spokesperson for a cooperatives trade association was quoted as saying, “There are five people who…

Several environmental, health and women’s organizations have called on the European Food Safety Authority (EFSA) to consider “all relevant studies” on bisphenol A (BPA) as the safety watchdog prepares to present its opinion on the chemical next month. Signed by approximately 20 scientific experts and 40 non-governmental organizations, the June 23, 2010, letter states that “any objective and comprehensive review of the scientific literature will lead to the conclusion that action is necessary to reduce the levels of BPA exposure, particularly in groups at highest risk, namely young infants and pregnant mothers.” Drafted by Breast Cancer UK and University of Missouri-Columbia Biological Sciences Professor Frederick vom Saal, the letter claims that EFSA relied on a “few flawed studies” to declare BPA safe in prior risk assessments. “Many scientific studies are now calling into question the safety of BPA,” maintains the letter, which cites a body of recent research that includes bio-monitoring…

Louisiana Governor Bobby Jindal (R) has reportedly signed a bill (H.B. 430) that requires “farm of origin” labels on all strawberries sold in the state. According to the bill’s sponsor, Representative Stephen Pugh (R.-Ponchatoula), strawberry growers backed the measure “as a way to protect the integrity of their industry." With input from the Louisiana Strawberry Marketing Board, the Louisiana Department of Agriculture and Forestry’s (LDAF) Food Quality Services staff will reportedly promulgate the rules and regulations for enforcement, a process estimated to take 120 days. LDAF Commissioner Mike Strain said the labeling “will let consumers know they are getting the freshest product possible. Consumers are concerned about food safety, and it’s always good to know where the food we eat was grown, produced, processed, or prepared.” See LDAF Press Release, June 15, 2010.

The United Kingdom’s (UK) public health watchdog has issued new guidance that claims salt and saturated fat reduction could prevent 40,000 unnecessary deaths a year from heart disease and stroke. The National Institute for Health and Clinical Excellence (NICE) has called for a maximum daily intake of 6g of salt per adult by 2015 and 3g daily by 2025. In addition, it has recommended that manufacturers reduce the levels of saturated fats in all food products and eliminate the use of trans fats. The guidance also urges the National Health Service and other policy makers to (i) ensure that low-salt and low-fat foods can be sold for less than their higher-content equivalents; (ii) extend restrictions on TV advertising “for foods high in saturated fats, salt and sugar to 9 p.m. to protect children”; (iii) encourage “local planning authorities to restrict planning permission for take-aways and other food retail outlets in…

The Food and Drug Administration (FDA) submitted two proposed information collections to the Office of Management and Budget (OMB) for review. The first collection pertains to the adoption of the model FDA Food Code by local, state and tribal governments, “an important step toward the agency’s goal for consistent, scientifically sound, and risk-based food safety standards and practices.” To facilitate the implementation of regulations based on the model Food Code, FDA in 2001 began surveying the rulemaking activities of these governments and has concluded that “an extension of OMB approval of the survey is needed in order to keep the current database accurate and up-to date.” Estimating that 75 respondents will provide four quarterly updates, FDA has requested written comments by July 26, 2010. The agency has also announced an information collection involving the threshold of regulation for substances used in food-contact articles. To determine whether a substance used in…

The Federal Trade Commission (FTC) recently took action on the divestiture of certain Whole Foods Market Inc.’s assets as part of the consent order that concluded antitrust litigation the agency brought to challenge Whole Foods’ 2007 acquisition of Wild Oats Market, Inc. According to an FTC news release, the Whole Foods divestiture trustee sought approval to sell three Wild Oats stores and certain intellectual property. FTC commissioners approved the sale of Wild Oats stores in Kansas City, Missouri; Boulder, Colorado; and Portland, Maine. While allowing the sale of Wild Oats’ and Alfalfa Markets’ intellectual property to proceed as to Luberski, Inc., and A-M Holdings, LLC, the FTC denied a proposal to sell their intellectual property to Topco Associates LLC, apparently finding that this sale would not satisfy the purposes of intellectual property divestiture. See FTC Press Release, June 18, 2010; Naturalproductsmarketplace.com, June 21, 2010.

An organic industry watchdog has released a June 7, 2010, letter that urges the U.S. Department of Agriculture (USDA) to increase the transparency of the National Organic Standards Board (NOSB) appointment process. “The Cornucopia Institute, and other organic advocates, have long been concerned that representatives from corporate agribusiness have obtained a disproportionate influence on rulemaking at the USDA,” states a June 8 press release, which claims that in the past, “many eminently qualified candidates . . . did not have the political clout to be appointed.” According to Cornucopia, USDA has continued “the Bush administration policy of keeping secret the nominees and the related corporations or organizations they work for or represent.” The group alleges that NOSB positions reserved for consumers or organic farmers have previously gone to specialists employed by corporate agribusiness or only the largest organic marketers. It has thus asked USDA to make public “the name of…

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