Category Archives Legislation, Regulations and Standards

The U.S. Department of Labor’s Occupational Safety and Health Administration (OSHA) has announced a series of stakeholder meetings intended to address the “views, concerns, and issues surrounding the hazards of combustible dust,” which may be formed in agricultural and grain-handling workplaces and factories that manufacture food, animal food, pesticides, and pharmaceuticals. For the February 17, 2010, meeting in Atlanta, Georgia, OSHA is soliciting feedback on (i) possible regulatory approaches to handling the hazards of combustible dust; (ii) the scope of any rulemaking; (iii) the organization of a prospective standard; (iv) the role of consensus standards; and (v) consequent economic impacts. OSHA held a similar meeting December 14, 2009, and additional meetings are planned for 2010. The agency previously published an advance notice of proposed rulemaking that requested comments, including data and other information, on issues related to the hazards of combustible dust in the workplace. According to OSHA, “Materials that…

The Food and Drug Administration’s Science Board has announced a February 22, 2010, public meeting to discuss “an interim report from its subcommittee reviewing research at the Center for Food Safety and Applied Nutrition.” The advisory board is also slated to discuss “plans to establish another subcommittee to review research programs at the Center for Drug Evaluation and Research” and “updates on science programs at the Office of Regulatory Affairs and the National Center for Toxicological Research.” FDA plans to make background material available no later than two business days before the meeting. See Federal Register, January 27, 2010.

Legislation recently introduced in the House and Senate would take different approaches to the continuing development and use of nanotechnology. Senators Mark Pryor (D-Ariz.) and Benjamin Cardin (D-Md.) have co-sponsored a bill (S. 2942), the “Nanotechnology Safety Act of 2010,” that would establish a program within the Food and Drug Administration (FDA) to investigate nanoscale materials used in FDA-regulated products to assess their “potential toxicity” and interactions with biological systems. The measure would appropriate $25 million for each year from 2011 through 2015 to carry out the program. Among other matters, the proposal calls on FDA to assess scientific literature and data, develop models to formulate general principles for “the behavior of classes of nanoscale materials with biological systems,” undertake collaborative efforts to understand the “science of novel properties at the nanoscale that might contribute to toxicity,” build agency expertise on these issues, ensure ongoing training, and “participate in international…

New York Governor David Paterson (D) has released a 2010-11 executive budget proposal that calls for “a new excise tax of approximately one penny per ounce on sugared beverages linked to obesity ($465 million).” According to the proposal, which claims that obesity-related disease costs the state’s health care system $7.6 billion annually, the so-called soda tax “will discourage consumption of those unhealthy products and improve long-term health outcomes.” The legislature has until April 1, 2010, to enact a budget for the upcoming fiscal year. Past efforts to institute a levy on sugar-sweetened beverages have met with opposition. “[Paterson] has proposed a soda tax before, then caved, after orchestrated industry protests across the state,” noted a January 19 New York Times editorial that urged the governor to “resist and keep the tax.” In addition, the Center for Science in the Public Interest (CSPI) has praised the initiative, deeming it a “courageous…

New Jersey Governor Jon Corzine (D) has reportedly signed a bill (S. 2905/A. 4236) that requires major restaurant chains doing business in the state to fully disclose calorie information on menu items. Franchises with more than 20 locations nationally must post calorie counts next to each item on the menu, as well as on drive-through and indoor menu boards. “One of the best ways to improve our health and well being is to deal directly with obesity and proper eating,” Corzine said. “This legislation is a clear step in that direction, as it will allow New Jerseyans to know the calorie content of the food they are eating at these establishments.” See NewJerseyNewsroom.com, January 18, 2010.

California EPA’s Office of Environmental Health Hazard Assessment (OEHHA) has extended the comment period for its food warning regulations until March 1, 2010. The latest proposal is to establish a pilot program that would impose Proposition 65 (Prop. 65) warning obligations on food manufacturers and retailers to inform consumers about the presence of food ingredients known to the state to cause cancer or reproductive harm. Additional information about the pilot program appears in issue 331 of this Update. The program, which would expire in four to five years, would allow the agency to test its assumptions about levels of participation and coverage. See News from OEHHA, January 21, 2010.

The U.S. Preventive Services Task Force (USPSTF) has issued a recommendation statement advising clinicians to screen children ages 6 and older for obesity and to refer them for intensive counseling and behavior treatment if warranted. USPSTF bases its guidance “on a systematic review of the evidence of the benefits and harms and an assessment of the net benefit of the service.” In an update to its 2005 guidelines for screening children and adolescents, USPSTF reportedly claims that treating obese kids can help them lose weight only if rigorous diet, activity and behavior counseling are involved. According to its latest study, the expert panel found “adequate evidence that multicomponent, moderate- to high-intensity behavioral interventions” for obese children can “effectively yield short-term (up to 12 months) improvements in weight status.” As USPSTF Chair Ned Calonge told a news source, the group realizes that most pediatricians are not equipped to offer the necessary treatment…

The Occupational Safety and Health Administration (OSHA) has published a notice scheduling a public meeting February 10, 2010, in Washington, D.C., to consider a range of issues relating to workplace safety. According to the notice, OSHA will also establish a public docket as part of this initiative, which is “in keeping” with a presidential memorandum and Office of Management and Budget directive to give the public more opportunities to participate in regulatory decisions and developments. Among other matters, the agency seeks input on “the most important emerging or unaddressed health and safety issues in the workplace,” what the agency can do to “enhance the voice of workers in the workplace,” whether OSHA needs to take additional measures to improve its compliance assistance efforts for the benefit of small businesses, and how the agency can better “reach high risk employees and employers with training, education and outreach.” Those planning to attend…

After the Congressional Research Service (CRS) questioned the validity of agency regulations that had not been submitted as required by law to Congress and the Government Accountability Office (GAO), the Center for Regulatory Effectiveness wrote to House and Senate leaders asking Congress to advise the Environmental Protection Agency (EPA) that its endocrine disruptor screening program “is not in effect” until the required notice is provided. More information about the CRS report appears in issue 332 of this Update. According to a news source, EPA’s program, mandated under the Food Quality Protection Act, was designed to identify pesticides that might cause adverse effects on human health and the environment. The center, a business-backed think tank, cited the CRS report in making its case to nullify the program. An EPA spokesperson reportedly responded that its action describing the agency’s endocrine disruptor policies and procedures and announcing the list of chemicals to receive testing…

The U.S. Department of Agriculture and Department of Health and Human Services have published a notice announcing the fifth meeting of the Dietary Guidelines Advisory Committee. Scheduled for February 9, 2010, the meeting will be conducted as an online webinar and is expected to consist of discussions about (i) nutrient adequacy, (ii) energy balance and weight management, (iii) carbohydrates and protein, (iv) sodium, potassium and water, (v) fatty acids and cholesterol, (vi) ethanol, and (vii) food safety. Written comments may be submitted and must be received no later than February 3 for the committee’s consideration before the meeting. Comments may also be submitted at any time “throughout the Committee deliberation process.” To participate in the online program, pre-registration is required. Webinar capacity is limited, and a waiting list will be maintained if necessary. See Federal Register, January 22, 2010.

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