Category Archives Legislation, Regulations and Standards

U.S. Representative Louise Slaughter (D-New York) has asked the Government Accountability Office (GAO) to review federal efforts to collect data on antibiotic use in animals. In a letter to Acting Comptroller General Gene Dodaro, Slaughter asked for the study because a 2005 GAO report found that the Food and Drug Administration (FDA), the Centers for Disease Control and Prevention (CDC) and the U.S. Department of Agriculture (USDA) were not collecting data “on the types and amounts of antibiotics used in different species of food animals or whether the antibiotics were used to promote growth, prevent disease, or treat disease.” Slaughter, who chairs the House Committee on Rules, also introduced a bill earlier this year to restrict the non-therapeutic use of antibiotics in animals raised for meat, citing claims that animal antibiotic use has made some antibiotics less effective in treating human health problems. Her letter requests that GAO find out…

The U.S. Department of Agriculture’s Food Safety and Inspection Service (FSIS) has issued an advanced notice of proposed rulemaking (ANPR) to solicit public feedback on the conditions under which the agency should permit “natural” labeling claims for meat and poultry. The current FSIS standard states that minimally processed meat and poultry products can use the “natural” label if the product “does not contain any artificial flavor or flavoring, coloring ingredients, chemical preservative, or any other artificial or synthetic ingredient.” The agency is now considering whether to define the term “natural” or continue evaluating the claim on a case-by-case basis. It specifically seeks comments on “how best to coordinate FSIS’ regulation of ‘natural’ claims with the Agricultural Marketing Service’s (AMS) voluntary ‘naturally raised’ marketing claim standard.” FSIS will accept comments until November 13, 2009. See FSIS Press Release, September 11, 2009; Federal Register, September 14, 2009.

California’s Office of Environmental Health Hazard Assessment (OEHHA) has reportedly drawn criticism from both the food industry and environmental groups over a recent draft proposal to amend its Proposition 65 (Prop. 65) regulations governing food chemicals. Prop. 65 requires food and beverage manufacturers and retailers to provide “clear and reasonable warning“ to individuals about any substance known to the state to cause cancer, birth defects or other reproductive harms. The amendment to “safe harbor” regulations in Title 27, California Code of Regulations, section 25601, would create a centralized Web database where participating manufacturers could post product-specific warning information for use by retailers and consumers. “These are voluntary actions and all food manufacturers or retailers are still free to provide a warning via another ‘safe harbor’ method or any other method that provides a clear and reasonable warning,” according to OEHHA, which has also announced a September 25 public meeting about…

California legislators have reportedly rejected a bill (S.B. 797) that would have required manufacturers to remove by 2011 the chemical bisphenol A (BPA) from food and beverage containers intended for children ages 3 and younger. Unable to garner the 41 votes needed to pass in the Assembly, the bill will reportedly come under reconsideration in 2010. The bill’s sponsor, Senator Fran Pavley, (D-Agoura Hills), has reportedly accused the chemical industry of an “expensive and shamefully deceptive lobbying campaign,” alleging that some senators were told that food production plants in their district would close if the bill was passed. “It’s a shame that we have failed to protect our most vulnerable citizens,” Pavley said. Despite claims purportedly linking BPA to early onset puberty, obesity, birth defects, and breast cancer, the chemical industry has repeatedly pointed to a global consensus among food safety bodies that the substance is safe for use in…

The chair of the California Senate’s Select Committee on Obesity and Diabetes has reportedly announced a November 2009 hearing to discuss the purported link between sweetened beverage consumption and obesity. An author of the state’s menu labeling laws, California Senator Alex Padilla (D-San Fernando Valley) issued the September 17, 2009, press release in response to a report published by the California Center for Public Health Advocacy (CCPHA) and UCLA Center for Health Policy Research. Titled Bubbling Over: Soda Consumption and its Link to Obesity in California, the study used data from the 2005 California Health Interview Survey to conclude that “41 percent of children (ages 2-11), 62 percent of adolescents (ages 12-17) and 24 percent of adults drink at least one soda or other sugar-sweetened beverage every day.” It also apparently found that “adults who drink one or more sodas or other sugar-sweetened beverages every day are 27 percent more likely…

The Food and Drug Administration (FDA) has opened the Reportable Food Registry (RFR) as a new way to head off potential cases of foodborne illness. The system requires food companies that manufacture, process or hold food for consumption in the United States to report potentially dangerous products to FDA within 24 hours “if they find a reasonable probability that an article of food will cause severe health problems or death to a person or an animal,” according to an agency news release. The reporting requirement applies to all foods and animal feed regulated by FDA except infant formula and dietary supplements, which are covered by other regulatory requirements. Under rules governing the RFR, the responsible party charged with reporting to FDA must investigate the cause of the adulteration, submit initial information and supplemental reports, and follow up with FDA as needed. The responsible party is not required to report if…

The Association of Cereal Food Manufacturers (ACFM) has reportedly asked the UK Food Standards Agency (FSA) to delay a forthcoming public health initiative that warns of excessive salt content in cereals and other products. Slated for release next month, the TV and radio advertisements are part of an ongoing FSA effort to reduce the average adult’s salt consumption to 6 grams per day by 2010. According to the agency, the latest £3 million salvo in this campaign does not seek to explicitly “demonize” cereal manufacturers, but instead targets all food products that contain salt. FSA has since declined to pull the commercials, but has praised ACFM members for reducing the salt content of their products by 44 percent since 1998. The cereal trade group has also reiterated that cereals account for less than 5 percent of the total salt consumed by UK adults. “We don’t believe it’s appropriate, considering the…

The European Chemicals Agency (ECHA) is reportedly seeking comments on a proposal to include acrylamide on its hazardous chemicals list along with 14 additional “Substances of Very High Concern” (SVHC). Tendered by the European Environment Agency and several member states, the proposal would classify acrylamide, which forms in some foods during high-temperature cooking, as a category 2 carcinogen and a category 2 mutagen. If unanimously confirmed as an SVHC by ECHA’s Member State Committee, acrylamide would become eligible for the list of substances subject to authorization under EU’s REACH legislation. ECHA will accept comments focusing on the hazardous properties of acrylamide until October 15, 2009. See FoodProductionDaily. com and IHS News, September 2, 2009. In a related development, new consumer research has reportedly shown that a majority of U.S. consumers are unaware of acrylamide as a suspected carcinogen, even as governmental actions in North America have intensified to deal with…

The Food and Drug Administration (FDA) has announced two public meetings to discuss the prevention of Salmonella enteritidis (SE) during the production, storage and transportation of shell eggs. Slated for September 30, 2009, in Chicago, Illinois, and November 5, 2009, in Atlanta, Georgia, the meetings will explain an FDA final rule that requires shell egg producers “to implement measures to prevent SE from contaminating eggs on the farm and from further growth during storage and transportation, and requires these producers to maintain records concerning their compliance.” The agency has anticipated that the rule will prevent 79,000 illnesses and 30 deaths attributed to SE, a leading bacterial cause of foodborne illness in the United States. See Federal Register, August 31, 2009.

The Food and Drug Administration (FDA) has reportedly declined to send an objection letter to Arizona-based Wisdom Natural Brands™ concerning its request for generally recognized as safe (GRAS) status for its stevia sweetener, SweetLeaf®. Considered the gold standard in GRAS rulings, the lack of an FDA objection has confirmed earlier determinations by two independent scientific panels that reviewed SweetLeaf’s® GRAS status in March 2008. The company first lodged a notification of GRAS status with FDA for a “general purpose sweetener in various food categories” in March 2009. See FoodNavigator-USA.com, September 2, 2009. In a related matter, a Los Angeles Times article titled “Sweet stuffed: We eat lots (and lots of kinds) of sweeteners. What’s in them?” offers a primer of common and not-so-common sweeteners such as sucrose, glucose, fructose, corn syrup, high fructose corn syrup, lactose, honey, and agave syrup. “America’s sweet tooth is growing,” writes Wendy Hansen. “Like many other…

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