The Environmental Protection Agency (EPA) has issued a final rule that amends the exemption from the requirement of a tolerance for residues of silver, excluding silver salts, in or on all foods when used in public eating places or applied on dairy- or food-processing equipment that comes into contact with surface-sanitizing solutions. The regulation requires the silver concentration in the solutions not to exceed 50 parts per million. Objections and requests for hearings about the regulation, which took effect June 10, 2009, must be received by August 10. See Federal Register, June 10, 2009.
Category Archives Legislation, Regulations and Standards
The Food and Drug Administration (FDA) has announced the availability of draft industry guidance titled “Questions and Answers Regarding the Reportable Food Registry as Established by the Food and Drug Administration Amendments Act of 2007.” The Food Administration Amendments Act of 2007 required FDA to establish within one year of enactment an electronic portal to facilitate the reporting of adulterated foods. FDA has now delayed until September 8, 2009, implementation of the registry “to consider any comments received on the draft guidance and through the agency’s planned outreach initiatives, and to allow for further testing of the electronic portal for reportable foods.” In the interim, the agency has encouraged industry to continue reporting of adulterated foods through existing channels, such as the relevant FDA district office. See Federal Register, June 11, 2009.
The Food and Drug Administration (FDA) has announced a June 23, 2009, public meeting to present the background, approach, scope, and data needed for a recently initiated interagency risk assessment of Listeria in some ready-to-eat foods that are sliced, prepared or packaged in retail facilities. Several agencies, including the Food Safety and Inspection Service (FSIS) and the Center for Food Safety and Applied Nutrition (CFSAN), are conducting the risk assessment to determine the effects that current practices and potential interventions to prevent Listeria have on public health. See Federal Register, June 9, 2009.
The U.S. Department of Agriculture (USDA) has apparently resurrected a program that tracks pesticide use on food crops. USDA’s National Agricultural Statistics Service (NASS) conducts pesticide-use surveys, which reportedly provide the only free, publicly available data on the agricultural chemicals applied to crops. Government agencies, environmental groups and academic scientists use the data to evaluate the human health and environmental risks posed by pesticides, and compare the amount of pesticides applied to genetically engineered (GE) versus conventional crops. The Union of Concerned Scientists (UCS) and other groups recently spearheaded a letter-writing campaign urging USDA to restore the program. NASS plans to gather data on pesticide applications to fruit and nut crops in fall 2009. If Congress approves the full funding specified in President Barack Obama’s (D) 2010 budget, the agency will resume data collection for vegetables, major row crops and pesticides applied to crops after harvest. See Food & Environment…
The Center for Science in the Public Interest (CSPI) has called on Agriculture Secretary Tom Vilsack to reverse a policy adopted during the Bush administration that precludes states from using federal nutrition education funds to discourage the consumption of sugar-sweetened beverages. In a June 12, 2009, letter, CSPI Executive Director Michael Jacobson, Director of Legal Affairs Bruce Silverglade and Senior Staff Attorney Ilene Ringel Heller take issue with a 2003 U.S. Department of Agriculture (USDA) memorandum telling state officials that they could not use Supplemental Nutrition Assistance Program (SNAP) funds to disparage or criticize any food. It was apparently issued after Maine launched an ad campaign encouraging residents to reduce their soda consumption. According to CSPI, this policy has been continued under the new administration, appearing in recent SNAP education guidance materials that state, “SNAP-Ed funds may not be used to convey negative written, visual, or verbal expressions about specific foods,…
The National Restaurant Association (NRA) and the Center for the Science in the Public Interest (CSPI) have reportedly expressed support for a bipartisan compromise on menu-labeling legislation that would require chain establishments with 20 or more outlets nationwide to provide nutrition information on menus or menu boards. The revamped legislation apparently combines elements of the Menu Education and Labeling (MEAL) Act, sponsored by Senator Tom Harkin (D-Iowa), and the Labeling Education and Nutrition (LEAN) Act, sponsored by Senators Tom Carper (D-Del.) and Lisa Murkowski (R-Ala.). The new bill would also exempt small businesses, as well as waive the labeling requirements for custom orders, temporary specials and items like condiments that are not listed on menu boards. In addition, a separate provision would entail “the disclosure of calories for food items on vending machines owned by individuals operating 20 or more vending machines,” according to a June 10, 2009, press release…
The Federal Trade Commission (FTC) has announced its approval of a final consent order in its challenge to the merger of Whole Foods Market, Inc. and Wild Oats Markets, Inc. Under the agreement, Whole Foods will sell 32 of its supermarkets and give up unrestricted rights to the “Wild Oats” brand. When the agreement was announced in March 2009, FTC Chair Jon Leibowitz claimed, “As a result of this settlement, American consumers will see more choices and lower prices for organic foods.” Whole Foods and Wild Oats completed their merger before an appeals court finally agreed with the FTC that the merger could have anti-competitive effects and allowed it to move forward with administrative proceedings against the company. Thus, it was unclear until the consent order was filed what remedies could be ordered if the FTC proved its case. See FTC Press Release, May 29, 2009.
Oregon’s Senate has reportedly approved a bill (H.B. 2726) that would require restaurants with more than 15 locations nationwide to post information about calories, saturated fats and sodium for all menu items. According to a news source, some 69 percent of state residents polled have said that they want more nutritional information on restaurant menus. The legislation, which now awaits the governor’s signature, would require the information to be posted on menus, menu boards and drive-through displays. See Oregon Senate Democrats Press Release, June 1, 2009.
The U.S. Department of Agriculture (USDA) has issued a proposed rule that would amend its national list of allowed and prohibited substances for organic crop production and organic processing. The rule adds six substances, including the fortified cooking wines marsala and sherry for organic processing, and removes one substance from the list. Written comments must be received by August 3, 2009. See Federal Register, June 3, 2009.
The Food and Drug Administration (FDA) has issued a final rule that requires bottled water manufacturers to face stricter standards to prevent E. coli contamination . All manufacturers are currently required to test source water for germs each week, but starting December 1, 2009, if tests prove positive for E. coli, companies must explain in writing how they eliminated the bacteria and retest samples before use. FDA states that “bottled water containing E. coli will be considered adulterated and source water containing E. coli will not be considered to be of a safe, sanitary quality and will be prohibited from use in the production of bottled water.” E. coli infection indicates fecal contamination that can apparently cause stomach cramps, diarrhea or possible fatal infections. Although bottled water is currently tested for coliforms–a group of mostly harmless bacteria–and fecal contamination, the new rules require the water source itself to be tested.…
