Category Archives Legislation, Regulations and Standards

The U.S. Department of Agriculture’s Agricultural Marketing Service (AMS) has issued a proposed rule and referendum procedures that would establish “a new U.S. honey producer funded research and promotion program” in accordance with a U.S. Honey Producer Research, Promotion and Consumer Information Order submitted May 24, 2007, by the American Honey Producers Association (AHPA). Representing more than 550 domestic operators, AHPA has called for the implementation of a U.S. Honey Producers Board to address industry issues “such as the drastic decline in the numbers of the honeybee due to (1) natural pests and diseases that kill or weaken the honeybee; (2) record droughts in the mid-west [sic] that have destroyed the plants and flowers honeybees use to gather pollen, and (3) the overall dramatic decrease in demand for U.S. honey.” To finance this initiative, AMS would require first handlers who produce more than 100,000 pounds of honey annually to collect…

The Department of Justice (DOJ) is seeking to enjoin the operation of a cheese-processing facility in New York due to the Listeria monocytogene (L. mono) contamination of its Queso Hebra, Queso Fresco and Queso Cotija Molido cheeses. U.S. v. Peregrina Cheese, Inc., No. 09-2888 (E.D.N.Y., filed July 7, 2009). According to DOJ, state and federal inspections of the facility since at least 2004 have revealed serious sanitation problems. Because product samples and equipment surfaces tested positive for the same L. mono strain, Food and Drug Administration (FDA) analysts concluded that “the strain has formed a niche at Peregrina Cheese’s facility.” The owners have apparently refused to shut down the plant to properly sanitize it, claiming that the state food safety agency approved the “use of an antimicrobial agent as an additive in Peregrina Cheese’s Queso Fresco product.” The owners did not, however, provide “any information as to the level of use”…

California EPA’s Office of Environmental Health Hazard Assessment (OEHHA) has announced a July 15, 2009, meeting of its Science Advisory Board’s Developmental and Reproductive Toxicant Identification Committee. The committee, which will be discussing whether bisphenol A (BPA) “has been clearly shown, through scientifically valid testing according to generally accepted principles, to cause reproductive toxicity,” is charged with identifying chemicals for addition to the list of chemicals known to the state to cause reproductive toxicity under the Safe Drinking Water and Toxic Enforcement Act of 1986 (Prop. 65). BPA is used extensively in metal and plastic food and beverage packaging. Among those who have submitted comments for the committee’s consideration are consumer interest groups, the Environmental Working Group, Natural Resources Defense Council, Grocery Manufacturers Association (GMA), American Chemistry Council, and North American Metal Packaging Alliance. GMA contends that scientific evidence “does not ‘clearly show’ a causal link between BPA and developmental…

During a recent week-long meeting in Rome, Italy, the Codex Alimentarius Commission (CAC) adopted more than 30 standards and guidelines designed to protect consumers’ health, such as cutting the levels of potential cancer-causing chemicals and bacteria in foods. Among the rules adopted by the joint body of the United Nation’s Food and Agriculture Organization (FAO) and the World Health Organization were measures to reduce acrylamide, a chemical by-product of high-temperature cooking processes that has allegedly been linked to cancer. “Applying Codex standards and guidelines are an important part of ensuring that consumers in every part of the world can be protected from unsafe food,” an FAO spokesperson was quoted as saying. CAC also adopted criteria for Salmonella and other bacteria in powdered formula for children ages 6 months and older and microbiological testing parameters aimed at helping producers control and prevent contamination of ready-to-eat foods with Listeria. See Reuters; FoodNavigator-USA.com, July…

The Food and Drug Administration (FDA) has announced three public meetings to explain the purpose of the Reportable Food Registry, how it will work and the responsibilities of those required to submit reports. The registry, which requires reports to be filed through an FDA Internet portal if there is reason to believe that adulterated food or feed will cause “serious adverse health consequences or death to humans or animals,” is set to be implemented September 8, 2009. The meeting dates are July 23, August 5 and 25, 2009. See Federal Register, June 26, 2009.

U.S. Senator Saxby Chambliss (R-Ga.) has reportedly issued a temporary hold on the confirmation of Cass Sunstein, whom President Barack Obama (D) has tapped to lead the Office of Information and Regulatory Affairs (OIRA), over the Harvard law professor’s purported views on animal rights. A 2004 book by Sunstein apparently suggested that “animals should be permitted to bring suit, with human beings as their representatives, to prevent violations of current law,” a stance that has raised concerns with Chambliss. According to a recent article published in The Hill, “Chambliss said he would not lift his hold until he had a chance to ask Sunstein to explain his views in a meeting after the July 4 recess.” See The Hill, June 28, 2009; OMB Watch, June 30, 2009; Meatingplace.com, July 6, 2009.

The Government Accountability Office (GAO) and the Environmental Working Group (EWG), a nonprofit research and advocacy organization, released reports at a July 8, 2009, congressional subcommittee hearing that called for bottled water to be labeled with the same level of information as municipal water products. The GAO report stated that federal safety protections are often less stringent for bottled water than tap water, recommending at a minimum that the Food and Drug Administration (FDA) require bottlers to tell consumers ways of obtaining comprehensive information about the source of their products and compliance with applicable regulations. The EWG report included a survey claiming that all but a few bottled-water companies do not list the sources of their bottled water and how it was treated. EWG reportedly urged Americans to make bottled water “a distant second choice” to filtered tap water because of the lack of information about bottled water. “If the…

The Food Safety Working Group (FSWG) created by President Barack Obama (D) has unveiled a “new, public health-based approach to food safety based on three core principles: prioritizing prevention; strengthening surveillance and enforcement; and improving response and recovery,” according to a July 7, 2009, White House press release. Chaired by Health and Human Services (HHS) Secretary Kathleen Sebelius and U.S. Department of Agriculture (USDA) Secretary Tom Vilsack, FSWG has set in motion several new strategies to advance these principles, including plans to (i) tighten standards governing the safety of eggs, poultry and turkey; (ii) increase inspections at beef facilities; (iii) issue new industry guidance for leafy greens, melons and tomatoes; (iv) build a trackback and response system incorporating “clearer industry guidance, a new unified command system and improved use of technology to deliver individual food safety alerts to consumers”; and (v) strengthen the organization of federal food safety functions. FSWG…

European agricultural ministers have approved the sale of meat and milk from the direct offspring of cloned animals, but those products reportedly still have to receive the approval of the European Food Safety Authority (EFSA) before they can be sold in the European Union. Meat and milk from cloned animals themselves cannot be sold. An EFSA report issued in July 2008 apparently concluded that “there is no indication that differences exist in terms of food safety for meat and milk of clones and their progeny compared with those from conventionally bred animals. Such a conclusion is based on the assumption that meat and milk are derived from healthy animals, which are subject to relevant food safety controls.” The agency has conceded that the limited number of studies does cast uncertainty on the risks related to consumption of food derived from cloned animals. In 2008, the Food and Drug Administration approved…

While the Federal Trade Commission (FTC) considers comments submitted by stakeholders to its proposed advertising endorsement guideline amendments, industry and blogging interests have reportedly expressed concerns about their ambiguity and suggested that voluntary ethical standards would best police the practice of “social media marketing.” The FTC’s Guides Concerning the Use of Endorsements and Testimonials in Advertising, last updated in 1980, if applied to bloggers who are paid to endorse products or services, would require bloggers to substantiate their product performance claims without specifying the proof needed to satisfy the claim. The amended guidance would also require disclosure of compensation arrangements, ranging from product coupons and cash payments to free products or services and pay-per-click links to sites that sell the product. According to a news source, if the guideline amendments are adopted later in 2009, violators could face FTC stop orders, restitution to customers or civil penalties. See The Associated Press, June…

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