Category Archives Legislation, Regulations and Standards

The U.K.’s Advertising Standards Authority has reportedly banned an advertising campaign launched by People for the Ethical Treatment of Animals (PETA), fearing that it would cause some readers to infer that eating meat causes swine flu. The ad stated in bold letters “Meat Kills: Go Vegetarian” and contained repeating background lines of text that said, “E. Coli, Mad Cow, Swine Flu, MRSA.” The “Swine Flu” font was highlighted and made the disease more prominent. The advertising authority apparently determined that the ad was spreading “undue fear and distress” about swine flu. Other PETA ads have also reportedly caused controversy in Great Britain. See MarketingWeek.co.uk, October 14, 2009.

The Irish government reportedly plans to prohibit the cultivation of all genetically modified (GM) crops and will introduce a voluntary GM-free label for meat, poultry, eggs, fish, crustaceans, and dairy products made without the use of GM animal feed. Echoing a similar move by Germany, the policy specifies that the government will “declare the Republic of Ireland a GM-Free Zone, free from the cultivation of all GM plants,” according to a press release, which called the policy “a new dawn for Irish farmers and food producers.” The GM-crop ban and voluntary GM-free label “makes obvious business sense for our agri-food and eco-tourism sectors,” said a spokesperson for GM-Free Ireland, a multi-stakeholder network of social, political and legal-action groups. “Everyone knows that U.S. and EU consumers, food brands and retailers want safe GM-free food, and Ireland is ideally positioned to deliver the safest, most credible GM-free food ban in Europe, if…

The North Carolina State Health Plan (SHPNC) has reportedly approved fee increases for state employees who use tobacco or whose body mass index (BMI) qualifies them as obese. Under the new arrangement, private contractors hired by SHPNC will monitor workers’ weight and take saliva samples to test for cotinine, a nicotine derivative. The plan requires tobacco users to enroll in a more expensive insurance plan by July 2010, while members with a BMI exceeding 40 have until July 2011 to improve their overall health before seeing a cost increase. According to SHPNC, these fees will help alleviate budget shortfalls that last year necessitated an emergency infusion of $250 million to cover claims. “Tobacco use and poor nutrition and inactivity are the leading causes of preventable deaths in our state,” an SHPNC spokesperson told reporters. “We need a healthy workforce in this state. We’re trying to encourage individuals to adopt healthy…

California and Michigan have adopted laws that animal welfare groups have reportedly heralded as landmark legislation. Governor Arnold Schwarzenegger (R-Calif.) signed a bill (S.B. 135) prohibiting tail docking of dairy cows, a “ common and cruel mutilation,” according to the Humane Society of the United States. The California bill takes effect January 1, 2010. Michigan Governor Jennifer Granholm (D) signed a bill (H.B. 5127) requiring that certain farm animals be provided enough room to stand up, turn around and extend their limbs rather than being confined in cages that impede their movement. “All animals deserve humane treatment, including those raised for food,” said the head of the humane society about the Michigan bill, which phases out veal crates for calves within three years, and battery cages for laying hens and gestation crates for breeding sows within 10 years. See Humane Society of the United States Press Releases, October 12, 2009.

Connecticut Attorney General (AG) Richard Blumenthal has announced that his office will be investigating “a potentially misleading national food label program that deems mayonnaise, sugar-laden cereals and other nutritionally suspect foods ‘Smart Choices.’” Targeting Hellman’s Real mayonnaise (light and non-light), Breyer’s ice cream, processed cereals, and Lipton beverages bearing the symbol, Blumenthal is seeking information from the organizations administering the program and major food companies that make the products. According to his press release, information sought includes “the consumer research and selection criteria driving the Smart Choice program; the process and fees involved in administering the program; and any payments or developmental role that major food manufacturers might have provided for the program.” Kelly Brownell, director of the Rudd Center for Food Policy and Obesity at Yale, is quoted as saying, “It is very important that consumers have truthful and non-deceptive nutrition information if they are to make informed choices.”…

Led by a University of Massachusetts biology professor, more than 30 scientists have reportedly written to the Food and Drug Administration (FDA) to express concern about the agency’s plans to further study the health effects of bisphenol A (BPA), a plasticizer ubiquitous to food packaging that has apparently been subject to more than 900 studies. According to the researchers, many of whom have participated on government BPA health-effects panels, “FDA’s plans to spend significant time and money on a very well researched chemical are disturbing.” The agency has indicated that it will issue a new opinion on the chemical’s safety by November 30, 2009, and the scientists note that FDA plans to spend $7 million on new BPA research in the interim. Not only are they concerned about the quality of the planned research, which calls for BPA to be tested on a rat strain insensitive to BPA at low levels,…

The Government Accountability Office (GAO) has released a report prepared in response to congressional inquiries about the current system for ensuring the safety of imported foods. Titled “Agencies Need to Address Gaps in Enforcement and Collaboration to Enhance Safety of Imported Food,” the report focuses on Customs and Border Protection (CBP), the Food and Drug Administration (FDA), the U.S. Department of Agriculture’s Food Safety and Inspection Service, and state regulators responsible for the safety of foods imported from more than 150 countries and territories. GAO discusses the contamination outbreaks recently associated with imported foods and notes that steps federal agencies have already taken are falling short because (i) their “computer systems do not share key information”; (ii) “FDA has limited authority to ensure importer compliance”; (iii) “CBP and FDA do not provide unique identification numbers to firms”; and (iv) “CBP faces challenges in managing in-bond shipments,” i.e., “those that move…

Shortly after Canada filed its challenge to U.S. country-of-origin labeling (COOL) requirements, Mexico apparently followed suit, asking the World Trade Organization (WTO) to establish a panel to undertake a dispute settlement process. Mexico’s agricultural authority reportedly contends that the rules may unfairly discriminate against the country’s meat industry by requiring U.S. meat processors to segregate imported meats. This has allegedly led some U.S. processors to stop buying meat from Mexico or Canada. The panel request is reportedly scheduled to be considered during an October 23, 2009, meeting of WTO’s Dispute Settlement Body. See Product Liability Law 360, October 12, 2009.

The National Chicken Council and several other industry groups have signed a letter to the Office of the U.S. Trade Representative, requesting the initiation of a World Trade Organization (WTO) dispute settlement panel to re-establish poultry exports to Europe. According to the letter, the European Union prohibits four antimicrobials commonly applied in the United States to reduce pathogens on processed poultry. The trade groups have reportedly estimated that U.S. poultry exports could exceed $300 million if EU regulators permitted the in plant use of chlorine dioxide, trisodium phosphate, acidified sodium chlorite and peracetic acid in products destined for the European market. “[T]he United States should continue to pursue with the European Union resolution of the issue,” stated the letter, which concluded that “it would be most appropriate to take the issue to the next step in the WTO dispute settlement process.” See NCC News Release, October 1, 2009; Law360, October 2,…

Canada’s government has reportedly asked the World Trade Organization (WTO) to establish a dispute settlement panel to hear its claims that U.S. country-of-origin labeling requirements for meat have unfairly reduced demand for Canadian products. U.S. Agriculture Secretary Tom Vilsack and Trade Representative Ron Kirk responded to the request by stating, “We regret that formal consultations have not been successful in resolving Canada’s concerns over country of origin labeling (COOL) required by the 2008 Farm Bill for certain agricultural products. We believe that our implementation of COOL provides information to consumers in a manner consistent with our World Trade Organization commitments.” Apparently, Canada was able to gain some concessions on the matter from the Bush administration, but regulations adopted after President Barack Obama (D) took office did not provide the flexibility Canadian producers were evidently seeking. Canada’s minister of international trade was quoted as saying, “The U.S. COOL requirements are so…

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