Category Archives Legislation, Regulations and Standards

The Nanotechnology Standards Panel of the American National Standards Institute (ANSI) will meet September 9, 2009, in Chicago. The meeting will be held during the Nanobusiness Alliance Conference. The panel has been working to develop nanotechnology-related standards involving nomenclature/terminology; materials properties; and testing, measurement and characterization procedures. ANSI’s efforts are in support of international nanotechnology standards initiatives and could result in federal regulation. Nanomaterials are used in hundreds of products including food packaging.

The Centers for Disease Control and Prevention (CDC) hosted a “Weight of the Nation” conference July 27-29, 2009, in Washington, D.C., to explore ways of tackling the nation’s escalating rates of obesity. Treating obesity-related conditions such as diabetes, heart disease and arthritis reportedly costs some $147 billion annually. Speakers at the inaugural event included CDC Director Thomas Frieden, who was quoted as saying that taxing sugary drinks at $.01 per ounce could produce $100 billion to $200 billion over the next decade. “Anything that decreases the availability and increases the cost is likely to be effective. The challenge, I think, is a political one of getting that approved,” he said. Frieden further asserted that average American adults are 23 pounds overweight, consume 250 more calories daily than 10 years ago and that about 120 of those calories are from sugary beverages. In a related development, CDC issued a report on…

By a 283-142 vote, the U.S. House of Representatives has passed the “Food Safety Enhancement Act of 2009” (H.R. 2749). The day before its passage, the measure failed to garner the two-thirds majority vote needed to approve legislation submitted under “suspension of the rules,” which would not have allowed any floor amendments. The second submission, on July 30, 2009, needed only a simple majority vote, which was handily achieved. According to news sources, farm-state lawmakers were able to insert several last-minute changes that would exempt some growers from the new farming standards and restrict recordkeeping requirements for livestock farmers. The pork industry apparently kept some proposed restrictions on antibiotic use out of the final bill. Heralded by some as an historic moment for food safety, the bill would provide for more frequent inspections of processing plants and would give the Food and Drug Administration (FDA) the authority to order the…

The Developmental and Reproductive Toxicant Identification Committee of the California Environmental Protection Agency’s Office of Environmental and Health Hazard Assessment (OEHHA) has reportedly asked OEHHA to further investigate the potential developmental and reproductive health effects of the chemical bisphenol A (BPA). The committee voted against placing BPA on the state’s Proposition 65 list of chemicals known to the state to cause reproductive toxicity in a meeting held July 15, 2009. According to a July 23 notice, the committee now seeks information regarding (i) “possible increased susceptibility for developmental toxicity from bisphenol A in subpopulations, for example in those with poor nutritional status for certain nutrients such as folic acid”; (ii) “evidence that bisphenol A exposures in utero or pre-conception may lead to precancerous lesions and eventually cancers (e.g., breast and prostate)”; (iii) “evidence for bisphenol A-induced developmental- or reproductive-related neurobehavioral effects, as these endpoints are further studied”; (iv) “evidence for…

A new report from the independent research organization Fraser Institute claims that Canada’s rigid advertising standards leave consumers in the dark about the potential health benefits of certain food products. “Canadian consumers are being denied,” Brett Skinner, the Fraser Institute’s director of bio-pharma and health policy, was quoted as saying. “They don’t know about the potential health benefits of many food products because information can’t be printed on labels.” The Consumers’ Association of Canada responded to the report by asserting that Canadians are well-served by the current system. “There’s no reason we should follow American standards,” an association representative said. “Some American consumer groups aren’t even happy with the amount of claims made on labels for foods.” See Fraser Institute Press Release; Canwest News Service, July 20, 2009.

A new report by an independent investigator is harshly critical of Canada’s food safety system with respect to the 2008 Listeria outbreak linked to the deaths of 22 people. Sheila Weatherill, a nurse and health executive who led the federally appointed investigation, said the system was caught unprepared and acted without urgency, citing a void in leadership, a raft of systematic flaws, a shortage of inspectors, and evidence of contamination on meat-production lines months before last summer’s outbreak that was not effectively monitored. While Listeria is difficult to detect, “more could have been done to prevent it happening in the first place . . . and more must be done to make sure it doesn’t happen again,” Weatherill asserts. Her 57 recommendations include (i) providing better training for food inspectors, (ii) assigning Canada’s public health agency the lead role in responding to national foodborne emergencies and (iii) performing an external…

Acting on behalf of an apparently energized Food and Drug Administration (FDA), the Department of Justice (DOJ) has filed a complaint for injunction against a New Jersey company and its owner seeking to halt the manufacture and sale of their dietary supplement products, in part, for failure to comply with good manufacturing practice requirements. U.S. v. Quality Formulation Labs., Inc., No. 09-03211 (D.N.J., filed July 1, 2009). The complaint alleges that the defendants have caused their protein powders and other dietary supplements to be adulterated “in that they have been prepared, packed, or held under insanitary conditions whereby they may have become contaminated with filth (as a result of rodent activity) or may have been rendered injurious to health (as a result of cross-contamination with a major food allergen).” The allergen at issue is milk. The complaint also alleges that one of the defendants’ articles of food is adulterated “in…

According to news sources, the scientific advisory committee considering whether to place bisphenol A (BPA) on California’s Proposition 65 (Prop. 65) list of chemicals known to the state to cause reproductive effects has voted against the action, calling research on human health effects unclear. During the committee’s July 15, 2009, meeting, dozens of mothers, environmentalists and scientists reportedly provided testimony to the Developmental and Reproductive Toxicant Identification Committee of Cal/EPA’s Office of Environmental and Health Hazard Assessment (OEHHA), calling on the agency to list BPA so that warning labels would be added to foods alerting consumers to its presence. The committee’s scientists apparently acknowledged the growing body of research linking BPA to fetal abnormalities in animals and noted that its decision could be revisited if future studies provide clearer evidence of human health effects. According to committee member Carl Keen, the scientists decided not to list environmental tobacco smoke (ETS)…

USDA’s Economic Research Service has issued a report to Congress that assesses the effects of “food deserts,” low-income rural or urban neighborhoods that frequently lack access to affordable, healthy food venues like supermarkets but instead offer convenience and small neighborhood stores that offer few, if any, healthy foods. Public health literature links such access issues to obesity and diet-related diseases. Titled “Access to Affordable and Nutritious Food: Measuring and Understanding Food Deserts and Their Consequences,” the report asserts that “a small percentage of consumers are constrained in their ability to access affordable, nutritious food because they live far from a supermarket or large grocery store and do not have easy access to transportation.” USDA notes that the causes of limited food access varied between urban core areas, which were “characterized by higher levels of racial segregation and greater income inequality,” and small-town and rural areas, where “lack of transportation infrastructure…

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