Category Archives Legislation, Regulations and Standards

Senator Charles Schumer (D-N.Y.), who introduced legislation that would prohibit the use of bisphenol A (BPA) in children’s products, has written to the U.S. Environmental Protection Agency’s (EPA’s) administrator seeking an explanation for the agency’s decision to omit BPA from its December 2009 chemical action plan. In the March 2, 2010, letter, Schumer refers to scientific research purportedly identifying BPA risks “particularly to infants and children,” and the Food and Drug Administration’s recent decision to reverse its conclusion that the chemical is safe for all uses. Schumer also refers to a Milwaukee Journal-Sentinel article reporting that “the agency does not plan to formulate any new plan for regulating BPA for two years. If this is true, it is alarming. At a time when we should be speeding up steps to limit Americans’ exposure to this potentially hazardous chemical, such a decision would apply the brakes.” That article apparently took note of…

The Senate Committee on Health, Education, Labor, and Pensions conducted a hearing March 4, 2010, to address childhood obesity. Among those testifying was U.S. Surgeon General Regina Benjamin, who provided an overview of the “epidemic,” examples of successful individual and community interventions and recent federal initiatives to “help Americans achieve optimal health.” She claimed that keeping pregnancy weight gain within recommended limits and breastfeeding exclusively for the first six months after birth have been shown to prevent childhood obesity. Benjamin also called for changing social and physical environments to support families in making healthy choices. Among the changes she recommended were increasing exposure and access to healthy affordable foods and making physical activity opportunities more accessible. Others testifying during the hearing included a Pittsburgh Steelers running back and a representative of the Robert Woods Johnson (RWJ) Foundation Center to Prevent Childhood Obesity. The foundation sponsored a Health Affairs briefing on childhood…

California EPA’s Office of Environmental Health Hazard Assessment (OEHHA) has issued a notice of its intent to list acrylamide, a chemical formed when certain foods have been cooked at high temperatures, as a reproductive toxicant under Proposition 65 (Prop. 65). According to OEHHA, the National Institute for Occupational Safety and Health and the National Toxicology Program’s Center for the Evaluation of Risks to Human Reproduction have both determined that acrylamide is a developmental, male reproductive toxin. Under Prop. 65, a chemical must be listed when an authoritative body formally identifies the chemical as causing reproductive toxicity and the evidence it considered meets certain sufficiency criteria. Public comments must be submitted by April 27, 2010. Noting the significant public interest in the chemical, which has been found in baked goods and cooked starchy foods such as potato chips and French fries, OEHHA has also published a notice of proposed rulemaking that…

The United Kingdom (UK) has introduced a new country-of-origin-labeling (COOL) code of practice for pork and pork products. Launched at a recent National Farmers Union conference, the voluntary code was drawn up by the Pig Meat Supply Chain Task Force representing processors, pig producers, retailers, and the food-service sector. “A year ago I said that I wanted to end the nonsense of unclear country-of-origin labeling on pig meat products,” Environment Secretary Hilary Benn was quoted as saying. “I expect all major retailers to sign up and join those who have already decided to end the confusion for shoppers. If they don’t, their customers should ask them why they’re not in favor of clear, honest labeling.” The code reportedly aims to ensure that processed products will clearly identify country of origin for pork ingredients. Companies adhering to the new code have committed to providing clearer information such as “Produced in the…

The European Commission (EC) has proposed that the European Union prohibit international trade in Atlantic bluefin tuna, favored by sushi eaters in Japan and elsewhere. According to the announcement, member states will discuss the proposal to reach a common EU position before the March 2010 meeting in Doha of the Convention on International Trade in Endangered Species. While the EC is apparently concerned about the species’ “poor conservation status,” the trade ban would not take effect until 2011. According to a news source, environmental groups criticized the announcement, warning that a delay could encourage more fishing in the interim. See Financial Times, February 22, 2010.

The European Food Safety Authority (EFSA) has created a scientific cooperation (ESCO)working group “to collect and analyze information on the safety of substances” used in non-plastic food contact materials. Citing concern that certain substances, such as inks and adhesives, are migrating into foods, EFSA initiated the working group to “identify strengths and weaknesses in different approaches used for risk assessment, propose criteria for future safety evaluations and suggest further actions to be taken.” ESCO will present its findings to EFSA’s executive director by the end of March 2011. “Whilst EU rules specify that all materials coming into contact with foods must be safe, many non-plastic components of food contact materials—unlike plastic materials— are not subject to specific provisions at the European level,” states a February 22, 2010, EFSA press release.

The U.S. Department of Agriculture’s Animal and Plant Health Inspection Service (APHIS) has extended until March 3, 2010, the comment period for a draft environmental impact statement (EIS) for genetically modified (GM) alfalfa. APHIS made an EIS available on January 12, 2010, after the Ninth Circuit Court of Appeals ruled that the agency violated the National Environmental Protection Act by failing to prepare an EIS in connection with its recommendation to deregulate the crop. See Federal Register, February 24, 2010.

The U.S. Department of Agriculture’s Food Safety Inspection Service (FSIS) will hold a second meeting to discuss current product tracing systems for food intended for humans and animals. The March 10, 2010, meeting in Washington, D.C., specifically welcomes input on procedures for suppliers of source material used to produce raw ground beef products that test positive for E. coli. Issue 326 of this Update announced a similar meeting by FSIS and the Food and Drug Administration held in December 2009 that was designed to stimulate ideas on improving the agencies’ ability to “increase the speed and accuracy of the traceback investigations and traceforward operations.” See USDA website, February 22, 2010.

The Food and Drug Administration (FDA) has announced a plan to address preventive controls aimed at reducing the risk of microbial contamination of fresh produce at farms and packing houses. The agency seeks information and public input so that it can develop safety standards and cooperative strategies to ensure compliance. FDA is requesting comments on topics including (i) standards for domestic and foreign growers and packers; (ii) identification and prioritization of risk factors; (iii) environmental hazard assessments and “possible pathways of contamination”; (iv) methods to tailor preventive controls to particular hazards and conditions affecting an operation and to the scale of the operation; (v) microbial testing; (vi) post-harvest operations; and (vii) records and other documentation that would be useful to industry and regulators in ensuring the safety of fresh produce. Comments must be submitted by May 24, 2010. See Federal Register, February 23, 2010.

The Global Organization for EPA and DHA Omega-3 Fatty Acids (GOED) has apparently sought clarification from the Federal Trade Commission (FTC) about the letters sent to 11 companies that promote omega-3 fatty acid supplements as a benefit for children’s visual and mental development. According to GOED, FTC was not clear about whether it was concerned with claims on products containing short-chain omega-3 fatty acid (ALA) or long-chain omega-3 fatty acids (EPA and DHA). The organization also questioned FTC about the types of scientific studies that would be required to substantiate the claims. FTC reportedly told GOED that “claims about an effect (e.g. brain development) need to be substantiated by science on that effect (e.g. brain development)” and that the scientific evidence in support of a claim must be based on research conducted in the age specified in the claim. “That is, if the claim is specific to toddlers two years and…

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