Category Archives Legislation, Regulations and Standards

U.S. Food and Drug Administration (FDA) Commissioner Margaret Hamburg has expressed support for the Food Safety Enhancement Act of 2009, which seeks to increase the agency’s authority over U.S. and foreign food producers, including the power to issue mandatory recalls of tainted foods. “FDA needs new legal authorities to succeed in these roles and protect the public health,” she was quoted as saying before the U.S. House Committee on Commerce and Energy on June 3, 2009. “This legislation would provide those tools.” A group of congressional Democrats in late May released a discussion draft of the Act, which would take effect in 18 months if passed. The legislation includes provisions that would (i) create an up-to-date registry of all food facilities serving American consumers, (ii) require such facilities to pay a $1,000 fee to generate resources to support FDA oversight of food safety, (iii) strengthen criminal penalties and establish civil…

Food and Drug Administration (FDA) Commissioner Margaret Hamburg has reportedly indicated that the agency will review its 2008 decision that bisphenol A (BPA) in children’s food and beverage containers is, for the most part, safe. An agency spokesperson has apparently indicated that a new decision on the chemical, which is also used to seal canned food containers, will be released within “weeks not months.” The action comes after House Energy and Commerce Committee Chair Henry Waxman (D-Calif.) asked the commissioner to reconsider the agency’s decision in light of “longstanding questions about the scientific data relied on by FDA under the previous Administration, as well as new press accounts detailing the influence of industry lobbyists on FDA’s scientific analyses.” Waxman cites several Milwaukee Journal-Sentinel articles, based on agency emails and a leaked industry report of a public relations strategy meeting, apparently indicating that (i) “when FDA conducted its review of BPA,…

The U.S. Department of Agriculture (USDA) has announced plans to reestablish the Fruit and Vegetable Industry Advisory Committee charged with examining the array of issues faced by the industry and providing suggestions on ways that USDA can tailor its programs to better meet the industry’s needs. A minimum of 25 committee slots need to be filled for two-year terms. Written nominations must be received on or before July 1, 2009. See Federal Register, May 18, 2009.

The U.S. Department of Agriculture (USDA) has launched a website designed to inform and welcome input about President Barack Obama’s Food Safety Working Group. The group, chaired by the secretaries of USDA and the Department of Health and Human Services, is charged with upgrading food safety laws for the 21st century, fostering coordination throughout government, and designing and enforcing laws to keep the American people safe.

U.S. Senator Tom Harkin (D-Iowa) and U.S. Representative Rosa DeLauro (D-Conn.) have introduced companion bills (S. 1048 and H.R. 2426) that would amend the Federal Food, Drug and Cosmetic Act “to extend the food labeling requirements of the Nutrition Labeling and Education Act of 1990” to standard menu items offered at large chain restaurants. Known as the MEAL Act, the bills would require restaurants with “20 or more locations doing business under the same name” to display “in a prominent location on the menu” the amount of calories, saturated fats, trans fats, carbohydrates, and sodium contained in each menu item. The legislation asserts that “the provision of nutrition information for away-from-home foods has a positive influence on food purchase decisions,” thus enabling consumers to “manage their weight and reduce the risk of, or manage, heart disease, diabetes, and high blood pressure, which are the leading causes of death, disability, and…

The U.S. Senate has reportedly voted unanimously to confirm former New York City Health Commissioner Margaret Hamburg, M.D., as commissioner of the Food and Drug Administration (FDA). A physician with expertise in bioterrorism and pandemics, Hamburg told the Senate Committee on Health, Education, Labor & Pensions that she intends to address the agency’s food safety record and possibly tighten tobacco regulations. See Bloomberg.com, May 18, 2009; The New York Times and FoodNavigator-USA.com, May 20, 2009.

President Barack Obama (D) has released a memorandum to the heads of executive departments and agencies instructing them to “include statements of preemption in regulations only when such statements have a sufficient legal basis.” Under the Bush administration, a number of health and safety agencies, including the Food and Drug Administration, often placed such statements in a regulation’s preamble, attempting to prevent those injured by the consumer products subject to the regulation from bringing state-law based product-liability litigation against manufacturers. Acknowledging the previous practice, the memorandum indicates that its purpose “is to state the general policy of my Administration that preemption of State law by executive departments and agencies should be undertaken only with full consideration of the legitimate prerogatives of the States and with a sufficient legal basis for preemption. Executive departments and agencies should be mindful that in our Federal system, the citizens of the several States have…

Concerned that the United States does not plan to make any changes to its country-of-origin labeling (COOL) rules for meats, fresh produce and nuts, Canada has apparently decided to move forward with a complaint it originally filed in December 2008 with the World Trade Organization (WTO). According to Canada’s trade minister, “Recent instructions from the U.S. Secretary of Agriculture encouraging the U.S. industry to use very strict labeling practices have removed flexibility previously envisioned in the legislation and this affects the ability of our cattle and hog exporters to compete fairly in the U.S. market.” U.S. imports of Canadian cattle reportedly dropped 32 percent in the first two months of 2009 compared with the same period in 2008, and hog imports have fallen 40 percent. The reductions are apparently blamed, in part, on COOL requirements that U.S. plants segregate and separately label imported products. Canadian producers also claim that the…

Massachusetts has adopted tough rules requiring chain restaurants with at least 20 outlets in the state to prominently display calorie information on big boards dangling from ceilings, on printed menus and at drive-through windows. The rule, unanimously adopted by the Massachusetts Public Health Council, will take effect November 1, 2010, and reportedly affects about 50 chain restaurants with nearly 5,300 locations in the state. “This is a major step in the right direction in fighting the obesity epidemic in our state,” Massachusetts Department of Public Health Commissioner John Auerbach was quoted as saying. “We know that providing this information will help our residents make more informed choices.” More than a dozen states are apparently considering similar rules. California passed a similar law in fall 2008, but its regulations do not extend to drive-through restaurants. New York City began enforcing a calorie-posting rule in July 2008 for restaurants with more than…

Minnesota and Chicago have reportedly become the first state and municipality to prohibit the use of bisphenol A (BPA) in plastic food and beverage containers intended for children ages 3 or younger. Minnesota Governor Tim Pawlenty (R) recently signed legislation (H.F. 326) that would prohibit the sale of these products in the state as of January 2010, although manufacturers can sell existing stock until early 2011. Citing a failure by federal regulators to address this issue, the Chicago City Council has also approved a similar proposal that would take effect in 2010. Some research has purportedly linked BPA to developmental health problems, breast and prostate cancer in laboratory animals, but the Food and Drug Administration (FDA) previously ruled that the chemical does not pose any danger to children when consumed in minimal amounts. “The FDA continues to be very slow about taking any action on BPA,” stated Chicago Alderman Manuel…

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