The U.S. Department of Agriculture (USDA) and Department of Justice (DOJ) recently held the second workshop in a series dedicated to competition and regulatory issues in agriculture. Held in Normal, Alabama, the forum reportedly focused on the poultry industry and featured the remarks of U.S. Attorney General Eric Holder and USDA Secretary Tom Vilsack, as well as roundtable discussions with farmers, academics and other stakeholders. According to a May 21, 2010, USDA press release, Holder reiterated that both agencies were committed to “protecting competition in those markets.” News sources have also noted Holder’s pledge to “understand why a growing number of American producers and farmers find it increasingly difficult to survive what they’ve done for decades.” A transcript of the proceedings will become available on the DOJ Antitrust Division website at a later date. See The Huntsville Times, May 21, 2010.
Category Archives Legislation, Regulations and Standards
U.S. Department of Commerce Secretary Gary Locke (D) has reportedly declared a fishery disaster in the Gulf of Mexico as a result of the ongoing Deepwater Horizon oil spill’s effect on commercial and recreational fisheries in Louisiana, Mississippi and Alabama. Made in response to requests from Louisiana Governor Bobby Jindal (R) and Mississippi Governor Haley Barbour (R), the determination will help ensure that the federal government “is in a position to mobilize the full range of assistance that fishermen and fishing communities may need,” Locke said. The Commerce Department has asked for $15 million in supplemental funding “as a backstop to address this disaster,” $5 million in economic development assistance through the Economic Development Administration and unemployment coverage. In addition, the Small Business Administration has offered economic injury disaster loans to help fishermen and other affected businesses. See U.S. Commerce Department Press Release, May 24, 2010.
The Government Accountability Office (GAO) has delivered testimony before the U.S. Senate’s Special Committee on Aging that highlights examples of deceptive or questionable marketing practices involving certain dietary supplements. GAO also reported that some herbal dietary supplements contained contaminants, including trace amounts of lead. According to GAO Managing Director of Forensic Audits and Special Investigations Gregory Kutz, investigators posing as elderly customers asked sales staff at 22 retail establishments a series of questions regarding herbal dietary supplements in addition to reviewing 30 retail websites’ “written marketing language” about the supplements. In several cases that both the Food and Drug Administration (FDA) and the Federal Trade Commission deemed “improper and likely in violation of statutes and regulations,” “written sales materials for products sold through online retailers claimed that herbal dietary supplements could treat, prevent or cure conditions such as diabetes, cancer, or cardiovascular disease.” Improper medical advice was also dispensed by…
The Government Accountability Office (GAO) this week released a report assessing Food and Drug Administration (FDA) efforts to address “serious deficiencies” in its food safety research. After a recent survey indicated that only 36 percent of FDA managers felt the agency “was making great progress in keeping pace with scientific advances,” GAO began investigating the ways in which “FDA may use science to more effectively support its regulatory work and to inform the public about food content and safety.” To this end, the report examines FDA’s “(1) progress in addressing selected recommendations identified by the Science Board; (2) incorporation of scientific and risk analysis into its oversight of the accuracy of food labeling, fresh produce, and the safety of dietary supplements; and (3) a new computer screening tool that may improve its efforts to screen imports using a risk-based approach.” It specifically notes the creation of the Office of the…
The Food and Drug Administration (FDA) has issued draft industry guidance in a question-and-answer format that provides information about complying with the reportable food registry requirements of a 2007 law. The purpose of the registry is to provide a “reliable mechanism to track patterns of adulteration in food [which] would support efforts by the Food and Drug Administration to target limited inspection resources to protect the public health.” The draft guidance is a second edition, updated to provide information about a new federal safety reporting portal. FDA requests public comments by July 26, 2010. The agency is particularly interested in comments addressing the meaning of the word “transfer” which is used in the context of an exemption from the requirement that “a responsible party submit a reportable food report.” For the exemption to apply, “the adulteration must have originated with the responsible party, the responsible party must have detected the…
The Federal Trade Commission (FTC) has announced its intention to issue compulsory process orders to 48 food and beverage manufacturers, distributors, marketers, and quick service restaurant companies for information on their marketing activities and expenditures targeted toward children and adolescents. FTC also seeks nutritional information about the companies’ food and beverage products marketed to children and adolescents in calendar years 2006 and 2009 “to evaluate possible changes in the nutritional content and variety of youth-marketed foods.” The plan follows FTC’s July 2008 report that analyzed expenditures and promotional activities related to food and food products targeted toward children and adolescents in 2006. FTC wants to use the new data to study how industry allocates promotional activities and expenditures among various media and for different food products and to evaluate the impact of self-regulatory efforts on the nutritional profiles of foods marketed to children and adolescents. Based on the calendar year…
Senator Kirsten Gillibrand (D-N.Y.) has introduced a bill that would regulate six confirmed strains of E. coli that have largely been ignored given the notoriety of recalls involving meat and produce contaminated with E. coli O157:H7. Referred to by the Centers for Disease Control and Prevention as non-0157 STECs, the six strains are apparently estimated to cause 36,700 illnesses, 1,100 hospitalizations and 30 deaths in the United States annually. In a May 27, 2010, statement, Gillibrand indicated that these strains are increasingly found in imported beef, which is not checked for the unregulated non-0157 STECs. One of the six strains was implicated in the recent outbreak linked to tainted romaine lettuce; that outbreak reportedly sent three teenagers to the hospital with kidney failure. According to a news source, the U.S. Department of Agriculture regulated the lesser-known E. coli strains for three years, but industry has resisted regulation contending that the…
According to news sources, both Philadelphia and the District of Columbia have failed to adopt taxes on sweetened beverages. Philadelphia’s mayor apparently never had a council majority to support his proposed soda tax and has now indicated that he will be forced to make cuts to police and fire department budgets and limit branch libraries to four-day weeks. A council member known as a leading administration critic reportedly characterized the mayor’s threat as “retribution.” In a related development, the D.C. Council has informally disapproved a proposal that would have taxed sweetened beverages sold in the district at one penny per ounce. The council member who proposed the tax wanted to use the revenue to fund a healthy school initiative that council has approved because the city’s financial officer has apparently indicated that funds are not available to implement it. The initiative reportedly requires schools to serve healthier food to address the…
Wisconsin Governor Jim Doyle (D) has reportedly vetoed a proposal (S.B. 434) that would have allowed farmers to sell unpasteurized milk and milk products directly to consumers. Doyle indicated in April 2010 that he would likely sign the bill, but ultimately decided that the potential health risks of consuming raw milk outweighed its alleged benefits. “I recognize that there are strong feelings on both sides of this matter, but on balance, I must side with the interests of public health and the safety of the dairy industry,” he said in his May 19 veto message. He added that an expert task force will stay abreast of the issue to “make certain that the concerns and interests on all sides are fully analyzed.” Raw-milk opponents like plaintiffs’ lawyer Bill Marler assert that sales of the unpasteurized products could lead to bacterial contamination outbreaks while advocates reportedly contend that unprocessed milk contains…
Health Canada has issued a proposed policy intent that would update current gluten-free labeling guidelines to reduce risks related to the accidental consumption of undeclared gluten and expand choices for consumers following a gluten-free diet. Gluten, a protein found in cereal grains such as wheat, barley and rye, can trigger the autoimmune disorder celiac disease (CD). Although oats do not contain gluten, food products containing oats currently cannot use the term “gluten-free” on labeling in the event they have been inadvertently contaminated with gluten from other grains during harvesting, processing or transportation. Since that policy was enacted, however, Health Canada has concluded that individuals with CD who can tolerate oats may benefit from consumption of uncontaminated oats (those “specifically produced to be free of gluten from other cereals”). The agency is accepting public comments until July 11, 2010. See Health Canada Website, May 10, 2010.
