The Office of the Acting Deputy Undersecretary for Food Safety, U.S. Department of Agriculture and U.S. Food and Drug Administration have announced a public meeting on April 29, 2009, to discuss draft U.S. positions for the 18th Session of the Codex Committee on Residues of Veterinary Drugs in Foods (CCRVDF) slated for May 11-15, 2009, in Natal, Brazil. CCRVDF works to (i) establish “priorities for the consideration of residues of veterinary drugs in foods”; (ii) “recommend maximum levels of such substances”; (iii) “develop codes of practice as may be required”; and (iv) consider methods of sampling and analysis for the determination of veterinary drug residues in foods.” The session will include agenda items related to (i) the “registration of veterinary medicinal products”; (ii) “draft guidelines for the design and implementation of national regulatory food safety assurance programs”; and (iii) a “draft priority list of veterinary drugs requiring evaluation or reevaluation.”…
Category Archives Legislation, Regulations and Standards
California’s Office of Environmental Health Hazard Assessment (OEHHA) has extended the deadline for public comment on its notice of intent to list 4- methylimidazole (4-MEI) as a chemical known to the state to cause cancer under Proposition 65 (Prop. 65). The new deadline is May 29, 2009. According to a news source, the proposed intent to list has generated significant opposition from grocers and other food industry representatives who argue that the chemical, which is found in foods such as wine, soy sauce and Worcestershire sauce after cooking, “is just the latest in a series of near-ubiquitous chemicals created as an unavoidable consequence of heating the natural constituents of foods.” Once a chemical is listed under Prop. 65, products containing the chemical cannot be sold without warnings. The industry groups reportedly contend, “listing 4-MEI can be expected to impact a wide swath of foods by producing warnings, changes in cooking methods,…
The U.S. Department of Agriculture (USDA) and the Department of Health and Human Services (HHS) have announced the third meeting of the Dietary Guidelines Advisory Committee charged with revising the Dietary Guidelines for Americans 2005. Slated for April 29 and 30, 2009, the online meeting will include (i) presentations on topics such as “eating environment, economics, nutrient adequacy, and effects of various macronutrient meal plans on weight status”; (ii) progress updates from individual subcommittees; and (iii) plans for future work of the committee. Written comments pertinent to this meeting must be received by 5 p.m. on April 23, although comments will be accepted throughout the committee’s deliberation process. See Federal Register, April 14, 2009.
The U.S. Department of Agriculture’s (USDA) Animal Plant Health Inspection Service has announced a public meeting on April 29 and 30, 2009, in Riverdale, Maryland, to address a proposed rule involving the interstate movement and environmental release of certain genetically engineered (GE) organisms. The comment period on the proposed rule has been extended to June 29, 2009. See Federal Register, April 13, 2009.
Federal Trade Commission (FTC) Chair Jon Leibowitz has reportedly named David Vladeck as director of the commission’s Bureau of Consumer Protection. Vladeck, who leaves the Georgetown University Law Center faculty, is apparently a 30-year veteran of the Public Citizen Litigation Group and, as such, is expected to pursue a consumer-protection agenda. Representatives of other public advocacy organizations are applauding the selection and have expressed their hope that “he will pay special attention to advertising and marketing to children.” Vladeck co-authored a law review article with former Food and Drug Administration Commissioner David Kessler to criticize the preamble to the FDA’s 2006 prescription drug labeling rule, which set forth a pro-preemption policy. In the article, titled “A Critical Examination of the FDA’s Efforts to Preempt Failure-to-Warn Claims,” the authors conclude, “it would be a mistake to preempt state-law failure-to-warn cases, which impose a complementary discipline on the marketplace.” See Advertising Age and…
The Farm Foundation recently hosted a public forum titled “The Future of Food Safety Regulation” to discuss agricultural, food and rural policies designed to revamp the current regulatory system. Held April 7, 2009, at the National Press Club, the forum featured a panel of experts that included Jim Hodges of the American Meat Institute, Carol Tucker Foreman of the Consumer Federation of America’s Food Policy Institute; Scott Horsfall of the California Leafy Greens Marketing Agreement; and Margaret Glavin, an independent consultant and former Food and Drug Administration (FDA) official. Glavin reportedly identified the global food market as “the single biggest challenge” facing U.S. agencies and recommended modernizing laws to promote a uniform approach to food safety. Noting the high cost of legislative proposals that would create one umbrella agency, Glavin instead argued for increased FDA funding and the authority to enforce import requirements and conduct overseas inspections. “Our regulations and…
The Food and Drug Administration (FDA) has announced that U.S. marshals executed an inspection warrant at Westco Fruit and Nuts, Inc., in Irvington, New Jersey, after the company refused to recall its peanut products or provide access to distribution documents in the wake of the Salmonella outbreak involving peanuts from the Peanut Corp. of America (PCA). An FDA spokesperson said, “FDA’s enforcement action against Westco Fruit and Nuts is an appropriate step toward removing potentially harmful products from the marketplace, especially when, as in this case, a company is unwilling to share information FDA needs to ensure food safety. FDA uses all appropriate legal means necessary to obtain information and fully investigate firms or individuals who put the health of consumers at risk.” Apparently, Westco purchased oil-roasted and salted peanuts from PCA in November and December 2008. It sold them in various sizes and packages and used them as an…
The Institute for Responsible Technology (IRT) has urged Governor Kathleen Sebelius (D-Kansas) to veto a bill passed by the Kansas Legislature on April 3, 2009, that restricts U.S. dairies from labeling their milk products free from genetically engineered bovine growth hormone (rbGH or rbST). Sebelius, who is vying to become the new U.S. Secretary of Health and Human Services, has until April 16 to veto the bill. According to the consumer advocacy group, which claims milk from hormone-treated cows can cause cancer, companies such as Wal-Mart, Starbucks and Dannon, and more than half of the nation’s top 100 dairies have committed to stop using rbGH in some or all of their products. The Kansas legislation would require all manufacturers that sell rbGH-free products in the state, including national brands, to add a large disclaimer on their packages stating that the hormone does not change the quality of the milk. See…
The Organic Trade Association (OTA) has announced that the United States and Canada have agreed to finalize negotiations on their organic equivalency standards before the new rule is implemented on June 30, 2009, to ensure trade continues uninterrupted. The new Organic Products Regulations will require all Canadian organic products to be endorsed by a certification body accredited by the Canadian Food Inspection Agency (CFIA). The rules were designed to create a nationwide standard for Canadian products but raised fears that products previously accepted as organic from other countries, including the United States, could be shut out if they did not comply. The U.S. final rule on national organic standards was fully implemented in October 2002 and is slightly different than the new Canadian regulation. An official of the OTA was quoted as saying, “Canadian consumers will definitely benefit from this, and will continue to enjoy quality year-round organic products from…
The Food and Drug Administration (FDA) has proposed delaying for 60 days a final rule titled “Substances Prohibited From Use in Animal Food or Feed,” which establishes “measures to further strengthen existing safeguards against bovine spongiform encephalopathy (BSE).” Scheduled to take effect April 27, 2009, the rule includes provisions that prohibit the rendering of spinal cords and brains from cows older than 30 months. Industry groups have reportedly requested additional time to arrange for alternative disposal methods, prompting the agency to consider pushing back the implementation date to June 26. FDA will accept comments on the proposed delay until April 16, 2009. See Federal Register, April 9, 2009.
