Category Archives Legislation, Regulations and Standards

The U.S. Department of Agriculture's Animal and Plant Health Inspection Service (APHIS) has announced proposed revisions to its regulations regarding "the movement (importation, interstate movement, and environmental release) of certain genetically modified organisms" (GMOs). The proposal, "the first comprehensive revision of the regulations since they were established in 1987," would adjust how the agency handles permits for plants created as a result of genetic engineering (GE). "While the current regulations have been effective in ensuring the safe introduction of GE organisms during the past 30 years, advances in genetic engineering have occurred since they were promulgated," the announcement states. "APHIS has now accumulated three decades of experience in evaluating GE organisms for plant pest risk. The Agency's evaluations to date have provided evidence that genetically engineering a plant with a plant pest as a vector, vector agent, or donor does not in and of itself result in a GE plant…

The U.S. Food and Drug Administration (FDA) has issued draft guidance for industry on the use of "potassium chloride salt" on food labels as an acceptable alternative to the use of the common or usual name "potassium chloride." The guidance indicates that the agency recognizes that food manufacturers "wishing to reduce sodium chloride in their products sometimes use substitute ingredients that provide similar taste and technical functions of sodium chloride in foods," including potassium chloride, which is generally recognized as safe for use as a flavor enhancer, flavoring agent, nutrient supplement, pH control agent, stabilizer and thickener. Comments on the draft guidance will be accepted until July 19, 2019.

U.S. Rep. Debbie Dingell (D-Mich.) has introduced legislation that would "ban the use of toxic perfluorinated compounds (PFAS) in food containers and cookware." The Keep Food Containers Safe from PFAS Act would give the U.S. Food and Drug Administration authority to deem PFAS chemicals in food containers as unsafe by 2022. “We already know the double cheeseburger and fries are not the most healthy meal, but no one suspects the dangerous chemicals seeping into your food from the wrapper or food containers," Dingell is quoted as saying in a press release. "This important legislation ensures unsafe, hazardous chemicals are not allowed near the food we eat.”

The Council of the European Union has voted to adopt measures banning "the 10 single-use plastic products most often found on European beaches," including cutlery, plates, straws, drink stirrers, cups and other food and beverage containers. The ban focuses on products for which alternatives not constructed of single-use plastic are readily available. The decision will take effect 20 days after it is published in the Official Journal of the European Union, and member countries will have two years to implement the legislation in their national laws.

The Association of American Feed Control Officials (AAFCO) has issued guidelines on the 2018 Farm Bill and its removal of hemp from the list of controlled substances. "As of April 2019, hemp and hemp products may not be used in animal feed or pet food in the United States," the guidelines state. "In 2015 AAFCO asked the hemp industry to come forward and present information for the scientific review to establish definitions for animal foods made from the industrial hemp plant. We expected information on hemp seed oil, hemp seed meal, and whole hemp seeds. Although there are private companies and organizations working on applications, to date, the industry has not submitted any data showing that ingredients derived from the hemp plant are safe and useful in animal food. AAFCO is encouraging the industry to submit their data promptly." The guidelines also advise that feed with cannabidiol (CBD) is not…

Following the French Agency for Food, Environmental and Occupational Health and Safety's opinion suspending the sale of food products containing titanium dioxide—a food additive appearing in chewing gum, sauces and baked goods—the European Food Safety Authority (EFSA) has issued a statement asserting that no further research has been published that would cause the agency to amend its previous opinion that the substance "did not raise concern with respect to genotoxicity and that it was not carcinogenic after oral administration." EFSA notes that its earlier opinion "identified data gaps and uncertainties that required follow-up by the European Commission by means of a subsequent call for additional data" but that the French opinion did not fill those gaps. The statement also follows the submission of a letter to the European Commission from several civil society organizations based in France, Italy and other member countries calling on the entity to "put forward a…

The U.S. Department of Agriculture has announced a June 21, 2019, public meeting to discuss several general Codex Alimentarius Commission issues, including the adoption and revocation of Codex Texts, amendments to Codex Standards, the Codex Strategic Plan 2020-2025 and matters arising from the Food and Agriculture Organization of the United Nations and the World Health Organization. The meeting will also feature a discussion of budgetary and financial matters, including a 2018-2019 progress report and a proposal for 2020-2021.

The U.S. Alcohol and Tobacco Tax and Trade Bureau (TTB) has issued an industry circular stating that it "will return for correction any applications for formulas containing 'hemp' ingredients (other than ingredients derived from hemp seeds or hemp seed oil)" until the U.S. Food and Drug Administration (FDA) indicates that the ingredients' use would not violate the Federal Food, Drug, and Cosmetic Act. The circular, addressed to wineries, breweries, distilleries and importers, states that TTB consults with FDA on ingredients' safety and notes that, despite the change in the definition for "marijuana" in the 2018 Farm Bill, "FDA stressed that food companies that wish to use cannabis or cannabis-derived ingredients in their foods are subject to the relevant laws and regulations that govern all food products, including those that relate to the requirements for food additive approval and substantiation of evidence for Generally Recognized as Safe (GRAS) status."

The U.S. Environmental Protection Agency (EPA) has affirmed its previous opinions finding that "there are no risks to public health when glyphosate is used in accordance with its current label and that glyphosate is not a carcinogen." “EPA has found no risks to public health from the current registered uses of glyphosate,” EPA Administrator Andrew Wheeler said in a press release. “Today’s proposed action includes new management measures that will help farmers use glyphosate in the most effective and efficient way possible, including pollinator protections. We look forward to input from farmers and other stakeholders to ensure that the draft management measures are workable, realistic, and effective.” Meanwhile, the New York legislature has passed a ban on chlorpyrifos that would take effect January 1, 2020. After that date, aerial application of the pesticide would be prohibited; after January 1, 2021, all use of the pesticide would be prohibited except for…

Maine has reportedly become the first state to ban single-use food and drink containers made from polystyrene. The law, which will take effect in 2021, echoes a similar bill in Maryland that has been passed by the legislature but remains unsigned by the governor. According to the Associated Press, Oregon, Vermont and Connecticut are considering polystyrene bans as well. The Florida legislature has reportedly passed a law that would prevent municipalities from regulating plastic straws until 2024. Some cities, including Miami Beach, previously passed ordinances preventing restaurants and bars from providing plastic straws or prohibiting the use of plastic straws at public parks and beaches. The bill is awaiting the governor's signature.

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