Category Archives Legislation, Regulations and Standards

With critics and supporters lined up to do battle over President Barack Obama’s proposed $3.55 trillion fiscal year (FY) 2010 budget, the ultimate outcome for proposals relating to food safety and agricultural subsidies is a question mark. Still, the administration has proposed more than $1 billion for the Food and Drug Administration (FDA) to increase inspections of food facilities and protect the nation’s food supply, an additional $1 billion for the U.S. Department of Agriculture’s (USDA’s) child nutrition programs, as well as a $20 billion increase in food stamps. Additional funds would be provided for enforcement of the National Organic Program. To pay for such spending increases, the proposed budget would reportedly phase out direct payments to farmers making more than $500,000 in annual sales, reduce spending on crop insurance premiums, eliminate the promotion of branded agricultural products, and impose user fees at the Grain, Inspection, Packers and Stockyards Administration;…

The House of Lords Science & Technology Committee has created a subcommittee to investigate the use of nanotechnology in the food sector. Led by Lord John Richard Krebs, the inquiry will focus on food products, additives and supplements; food contact packaging; food processing; animal feed; pesticides and fertilizers; and food containers and utensils. “We intend to highlight those areas where our understanding of the use of nanotechnologies in food needs the most urgent attention, allowing us to take action to ensure appropriate steps are taken,” Krebs was quoted as saying. See Foodbev.com, February 4, 2009. The subcommittee has also issued a call for evidence seeking input on a range of issues involving (i) the state of the science and its current use in the food sector; (ii) health and safety; (iii) regulatory framework; and (iv) public engagement and consumer information. The deadline for written submissions is March 13, 2009. See House…

Multnomah County commissioners have reportedly adopted regulations requiring restaurant chains with 15 or more locations nationwide to display calorie content alongside individual items on their menus. Effective March 12, 2009, the law also requires these establishments to provide information about sodium, saturated fat, trans fat, and carbohydrate content at the point of sale. Restaurants must institute these new policies before the end of the year, when the health department can begin issuing citations and civil fines for violations. “No one says this will solve the problem of obesity in Multnomah County, but it’s an important first step. This is about giving people information. That’s fundamentally different than saying you can’t eat this hamburger, it’s bad for you,” county commissioner Jeff Cogen was quoted as saying. See The Oregonian, February 12, 2009.

In late January 2009, California’s Department of Toxic Substances Control sent a letter to more than two dozen businesses and research centers “requiring information regarding analytical test methods, fate and transport in the environment, and other relevant information from manufacturers of carbon nanotubes.” Among the specific questions the agency posed are (i) “What is the value chain for your company? For example, in what products are your carbon nanotubes used by others? In what quantities? Who are your major customers?”; (ii) “What is your knowledge about the safety of your chemical in terms of occupational safety, public health and the environment?”; and (iii) “When released, does your material constitute a hazardous waste under California Health & Safety Code provisions?” Environmentalists are reportedly concerned that the questions are “vague” and that companies should be required to provide more specific data. They also apparently complain that giving the companies a year to…

California EPA’s Office of Environmental Health Hazard Assessment (OEHHA) convened a conference call for stakeholders February 18, 2009, to discuss how to move forward with plans to require food retailers to warn the public about the presence of Proposition 65 (Prop. 65) chemicals in foods. OEHHA’s general objectives are to prepare regulatory language vetted by stakeholders and undertake formal notice-and-comment regulatory proceedings by June. The agency seeks assistance on drafting provisions about (i) manufacturer versus retailer responsibilities relating to warning information; (ii) structure, process and operation of a proposed information/warning clearinghouse; (iii) methods of delivering warnings; and (iv) establishing the content of warning messages. Volunteers are currently being solicited to join drafting groups, and initial drafts are expected to be completed by April 17. OEHHA will post the drafts on Cal/EPA’s Web site, and another stakeholders’ meeting will be held on April 23. Prop. 65 requires warnings about chemicals known to…

The European Food Safety Authority’s Panel on Dietetic Products, Nutrition and Allergies (NDA) has rejected a health claim dossier submitted by Ocean Spray Cranberries, Inc., that sought to link consumption of its products to a reduced risk of urinary tract infection (UTI) in women. Ocean Spray asserted that dried cranberries and juice drinks containing 80 milligrams of cranberry proanthocyanidins (PAC) lessened UTI risk in women older than age 16 by “inhibiting the adhesion of certain bacteria in the urinary tract.” Although NDA acknowledged that some in vitro trials have supported this claim, the panel ultimately cited a lack of convincing clinical trials and ruled that the evidence failed to establish “a cause and effect relationship” between the product and the purported health benefit. Of the 12 studies presented by Ocean Spray, NDA dismissed six because they did not involve normal populations; one because it referenced a higher PAC dosing; and…

The European Commission’s (EC’s) Standing Committee on the Food Chain and Animal Health reportedly deadlocked on February 16, 2009, over whether France and Greece should be forced to lift their bans on a genetically modified (GM) corn seed that is the only one approved for planting in the European Union. According to a biotechnology industry spokesperson, the increase in votes favoring the cultivation of GM crops signals a new momentum in Europe to open markets to these controversial crops. EU environmentalists and consumers have long opposed their introduction, citing environmental risks and the unwelcome intrusion of large corporate interests into agriculture. A larger vote next week may, say biotech industry executives, lead to the approval of two additional GM corn seeds for marketing in the EU. Mike Hall, a spokesperson for the developer of one of them, has reportedly indicated that the company is waiting to see if the EU…

Agriculture Secretary Tom Vilsack earlier this week canceled a scheduled press conference on mandatory country-of-origin labeling (COOL) regulations, but reportedly told meat industry representatives that USDA intends to pursue stricter COOL guidelines than those approved during the Bush administration. Vilsack has asked meat providers to voluntarily adhere to more stringent standards, noting that the agency will act in the absence of industry direction. In particular, USDA is seeking to extend COOL to some “processed” items, like cured bacon, that are currently exempt from labeling requirements. Vilsack also received a letter from seven U.S. senators asking him to further clarify and restrict the use of multiple country labeling. “These loopholes essentially allow processors to label every product – including exclusively U.S. products and entirely foreign products – under the multiple country category,” stated the letter spearheaded by Senator Byron Dorgan (D-N.D.). The announcement followed an administrative hold issued by the Obama administration…

With more than a half dozen food-safety bills already pending before the 111th Congress, legislators have continued to introduce or re-introduce legislation from prior sessions to address the government oversight problems exposed by the latest food contamination outbreak. Details about earlier measures appear in issue 291 of this Update. Among the new proposals are: H.R. 999 – Re-introduced February 11, 2009, by Representative Peter Roskam (R-Ill.), this bill would establish certification standards for food-testing laboratories and require importers to certify the safety of their operations. Referred to the House Committee on Energy and Commerce. S. 425 – Re-introduced February 12, 2009, by Senator Sherrod Brown (D-Ohio), this proposal would give the Food and Drug Administration (FDA) and the U.S. Department of Agriculture (USDA) mandatory recall authority and would create a new food tracking system. Referred to the Senate Committee on Agriculture, Nutrition and Forestry. S. 429 – Re-introduced February 12,…

The FDA Science Board has announced a public meeting on February 24, 2009, to discuss “the continued assessment of bisphenol A (BPA) in FDA-regulated products.” The board will also receive updates from two working groups on “economically motivated adulteration of FDA-regulated products and rapid detection of Salmonella in foods.” In addition, FDA intends to publish information on its BPA assessment later this month to facilitate public feedback. The board will accept written comments on these issues until February 17, 2009. See FoodNavigator-USA.com, February 10, 2009.

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