After Food and Drug Administration (FDA) investigators found rodent infestation, “insanitary” conditions, poor employee hygiene, and violations of hazard analysis critical control point regulations at a food plant in Louisiana, it dispatched U.S. Marshals to seize tuna salad sandwiches and other food products, totaling more than $72,000 in value. While no illnesses have apparently been linked to consumption of the sandwiches produced by the Bearden Sandwich Company, Inc., the FDA has reportedly pledged to act “swiftly and aggressively” against processors and manufacturers that do not comply with food safety rules. According to an agency spokesperson, “When FDA investigators find violations inside a company’s facility, we will do what is necessary to keep insanitary and potentially harmful products out of consumers’ hands.” See FDA News Release, August 7, 2009.
Category Archives Legislation, Regulations and Standards
The Food and Drug Administration (FDA) has announced a new warning-letter system to notify food companies of safety regulation violations. Scheduled to begin on September 15, 2009, the system stems from an effort to speed up the process from the time a company receives an “FDA 483” inspection report to the issuance of a warning letter. It allows companies 15 working days to respond to the 483 form, and if they do not respond during that time, FDA will send a warning letter. If FDA does receive a response in that time, it will “conduct a detailed review of the response before determining whether to send a warning letter.” According to a Federal Register notice, many companies respond in writing once they get the 483 report by describing completed or ongoing corrective actions or promise of future corrections. “In fact, some inspected establishments submit multiple responses to FDA, sometimes over…
The U.S. Department of Health and Human Services (HHS), U.S. Department of Agriculture (USDA), and Office of the Acting Secretary for Food Safety have announced two public meetings to address upcoming sessions of the Codex Alimentarius Commission, the international food standards body established by the U.N. Food and Agriculture Organization and World Health Organization. Slated for September 2, 2009, the first meeting will consider U.S. draft positions pertaining to the 30th Session of the Codex Committee on Fish and Fishery Products (CCFFP) to be held September 29-October 2 in Agadir, Morocco. The second public meeting is scheduled for September 17, when the agencies will discuss the 15th Session of the Codex Committee on Fresh Fruits and Vegetables (CCFFV) to be held October 19-23 in Mexico City, Mexico. Both Codex committees set international standards, codes and other texts related to the preparation, labeling and marketing of their respective products. See the…
The Massachusetts Department of Public Health has issued an advisory for bisphenol A (BPA), urging caretakers of children under two years old to avoid formula and breast milk storage products that contain the chemical. The health department has also advised pregnant and breastfeeding women to avoid using plastic food and beverage containers made with BPA, and to eat fresh or frozen products instead of canned foods that may have contact with BPA liners. In addition, state officials have recommended that all consumers (i) limit their exposure to transparent plastic containers with the recycling number 7 and the letters PC; (ii) avoid heating these containers “in microwave ovens, in water on the stovetop, or by adding boiling water into them”; (iii) wash containers “by hand with warm water and soap, instead of in dishwashers”; and (iv) replace worn or scratched polycarbonate plastic with stainless steel and glass containers. A pamphlet released…
The Canadian Food Inspection Agency has issued a warning and reported the voluntary recall of frankfurters and wieners manufactured by Maple Leaf Foods, the company whose Listeria-tainted meat products in 2008 purportedly sickened thousands across Canada and were apparently ruled a “contributing cause” in the deaths of 22. According to the agency, the processed meat products now at issue “may be contaminated with Listeria monocytogenes.” While no reported illnesses have been associated with the products’ consumption, the “potential problem” was identified “as a result of the new mandatory testing and reporting requirements placed on industry in February 2009.” Details about the settlement Maple Leaf reached in litigation arising from the 2008 outbreak appear in issue 303 of this Update. See Canadian Food Inspection Agency Health Hazard Alert, August 3, 3009.
The U.S. Department of Agriculture (USDA) has issued a proposed rule that would create a voluntary labeling program for ‘biobased” products under section 9002 of the Farm Security and Rural Investment Act of 2002, as amended by the Food, Conservation and Energy Act of 2008. According to USDA, “Biobased products are products that are composed wholly or significantly of biological ingredients – renewable plant, animal, marine or forestry materials.” Looking to encourage the increased use of these products in all market sectors, USDA has already identified 15,000 commercially available biobased products across approximately 200 categories, from cleaning products to construction materials. Manufacturers seeking a BioPreferred label must ensure that their items meet or exceed USDA-established minimum biobased content requirements. USDA is accepting comments on the proposed rule until September 29, 2009. See the Federal Register and USDA Press Release, July 31, 2009; Meatingplace.com, August 3, 2009.
The Food and Drug Administration (FDA) has published three draft guidance documents, with industry input, that provide recommended practices to prevent foodborne hazards associated with fresh produce. The documents pertain specifically to tomatoes, leafy greens and melons and “provide a guide for growers and processors to follow so they may better protect their produce from becoming contaminated,” according to Health and Human Services Secretary Kathleen Sebelius. With specific suggestions ranging from clean water supplies to human hygiene, key elements include (i) an acceptable baseline standard of industry practices that help domestic and foreign firms minimize microbial contamination risks throughout the entire supply chain; (ii) specific recommendations relating to growing, harvesting, packing, processing, transporting, and distributing the product; and (iii) recordkeeping recommendations to help FDA quickly trace back to the source when an outbreak occurs. The agency is asking that comments on the drafts be submitted within 90 days from publication…
The U.S. Senate has reportedly approved a fiscal year 2010 budget for the Food and Drug Administration (FDA) and U.S. Department of Agriculture (USDA) that would increase the combined funding for both agencies by 11 percent. Similar to a House of Representatives measure (H.R.2997) passed on July 9, 2009, the $125 billion appropriations bill (S. 1406) includes financial support for farm subsidies, food safety, land conservation, and the federal food stamp program. However, the House version continues a prohibition on cooked chicken imports from China and strips out funding for a voluntary national animal identification systems (NAIS), while the Senate has outlined steps to overturn the Chinese chicken ban and would preserve one-half of the $14.6 million requested by President Barack Obama (D) for NAIS. A House-Senate negotiating panel will meet to reconcile these differences before the bill heads to both chambers for a final vote. “These projects help to…
According to a news source, the Canadian Journal of Public Health has published research showing that folic-acid fortified foods often contain, on average, 50 percent more of the vitamin than listed on product labels. Some foods apparently contain 377 percent of the folic acid declared. The federal government reportedly adopted a folic-acid fortification program in the late 1990s affecting products ranging from breads, cookies, crackers, and pastas to desserts and ready-to-eat cereals. The incidence of certain birth defects in Canada has dropped by more than half since then, and the program is also credited with reducing heart defects and neuroblastoma, a type of childhood cancer. Some in Canada have reportedly called for adding folic acid to other foods, but caution has been urged in light of the new research because too much folic acid can mask vitamin B12 deficiency, a problem for seniors with anemia. Excess levels can also apparently interfere…
A federal court in the District of Columbia has dismissed claims that the National Animal Identification System (NAIS) violates a number of federal and state laws, including a religious freedom statute and constitutional protections. Farm-to-Consumer Legal Defense Fund v. Vilsack, No. 08-1546 (D.D.C., decided July 23, 2009). Dubbed in the press as the “mark of the beast” lawsuit, the complaint, brought by farmers “who raise livestock in a sustainable manner,” contends that the U.S. Department of Agriculture (USDA) coerced Michigan’s Department of Agriculture to adopt uniform NAIS requirements that threaten their way of life by gathering information into a national database against their wills and in violation of their religious beliefs. Among the complainants are Amish farmers who apparently believe (i) they have been given dominion and control over animals, and that control has now been given to state and federal agencies; (ii) they are not permitted to take the NAIS…
