The Pew Environment Group has released documents obtained through a Freedom of Information Act request showing that the U.S. Food and Drug Administration (FDA) faulted three Chilean salmon farming companies, “including the two largest producers of farmed salmon,” for using a number of drugs not approved by the U.S. government. FDA inspections apparently uncovered use of the antibiotics flumequine and oxolinic acid and the pesticide emamectin benzoate, as well as trace residues in products intended for the U.S. consumers. The agency then informed the Chilean companies that, “if the drug is not listed in the approved drug list . . . they are not allowed to use the drug to treat salmon destined for distribution in the U.S., not even if they meet withdrawal periods and no tissue residue can be detected.” The Pew Environment Group applauded the FDA stance, but urged the agency to enforce its standards abroad. “Standards and…
Category Archives Legislation, Regulations and Standards
The Grocery Manufacturers Association (GMA) and individual food companies have reportedly asked California EPA’s Office of Environmental Health Hazard Assessment (OEHHA) to delay taking action on its proposal to list methanol as a reproductive toxicant. While the chemical is used in varnishes, shellacs, paints, antifreeze, adhesives, and deicers, it also apparently occurs naturally in fresh fruits and vegetables, fruit juices, fermented beverages, and diet soft drinks. OEHHA has extended the deadline for comments on the listing proposal until March 4, 2009, in response to GMA’s request. According to an industry spokesperson, “The concern of the grocery manufacturers is that once a chemical is listed under Prop. 65, anyone who can detect it can file a claim, and many millions of dollars can be spent demonstrating that there’s no harm. So we thought it important for the agency to think about the consequences of a list, and whether . . .…
British sheep farmers have reportedly threatened to resist an EU proposal that would require them to implement an electronic animal identification system starting in January 2010. With 30 million sheep in the United Kingdom, many farmers have described the plan as prohibitively expensive and unnecessary. Designed to track livestock movement in the event of an epidemic, the system would rely on ear tags costing between £0.50 and £1.50 each with an additional £5,000 or £6,000 per scanning machine. But farmers have argued that their current method of tracking sheep is adequate and avoids the technological issues associated with Internet and broadband use in remote areas. “When you consider that the average sheep farmer only makes something like £6,000 a year, this could see a significant number of farmers deciding it is just too much,” one farmer was quoted as saying. The proposal has drawn similar criticisms from farming organizations in…
A subcommittee of the House Energy and Commerce Committee conducted a hearing February 11, 2009, to hear from victims, regulators and the individuals who own and operate the Georgia peanut processing facility responsible for the latest Salmonella outbreak. Titled, “The Salmonella Outbreak: The Continued Failure to Protect the Food Supply,” the hearing gave congressmen the opportunity to question Stewart Parnell who owns the Peanut Corp. of America (PCA) about the company’s practice of shipping contaminated product to food processors even after it had tested positive for Salmonella. Parnell and the man who managed the plant invoked their Fifth Amendment privilege and refused to answer questions, including whether they would eat the recalled products, which now number in excess of 1,800 items. The outbreak has reportedly sickened more than 600 in the United States and Canada, led to a suspected nine deaths and launched at least four personal injury lawsuits to date.…
Quebec courts have reportedly fined a snack cake manufacturer CAN$44,000 for violating the province’s Consumer Protection Act, which forbids marketing to children younger than age 13. Saputo Inc. pleaded guilty to 22 charges resulting from a complaint filed by anti-obesity advocate Coalition Poids and the Union des Consommateurs. The groups claimed that Saputo used a cartoon gorilla to promote its product in day care centers, hailing the decision as “a victory for children.” “The World Health Organization has identified junk-food advertising as one of the top five causes of the current obesity epidemic,” Coalition Poids Director Suzie Pellerin was quoted as saying. Meanwhile, Quebec’s consumer protection agency has apparently verified similar complaints pending against Burger King and General Mills. Media sources have noted that the successful prosecution of Saputo could signal a shift in how Quebec enforces its unique marketing code. The last court case testing the Consumer Protection Act occurred…
A number of bills have already been introduced in the new Congress to overhaul the food safety system in the United States. Driven by concerns that current laws are not providing adequate protection for consumers, House members and Senators have proposed the following measures: H.R. 185 – Introduced January 6, 2009, by Representative José Serrano (D-N.Y.), this bill would require that consumers be notified if food products are made with crops, livestock or poultry raised on land to which sewage sludge was applied. Referred to the House Committee on Energy and Commerce and the Committee on Agriculture. H.R. 759 – Introduced January 18, 2009, by Representative John Dingell (D-Mich.), this bill would require fees for facility registration, verification that food plants are operating under an HACCP plan, HHS guidance or regulations to establish science-based standards for conducting hazard analysis and implementing preventive controls, HHS biannual review of data to identify…
President Barack Obama (D) has issued an executive order (E.O. 13497) revoking executive orders issued by his predecessor that, among other matters, gave the White House control over federal agency guidance documents and expanded the regulatory oversight authority of policy officers appointed by the president. Additional information about one of the revoked Bush-era executive orders appears in issues 199 and 213 of this Update. The agency watchdog group OMB Watch issued a statement applauding the president’s action, saying that his “decision to revoke E.O. 13422 so early in his administration sends a clear signal that he hopes to limit the role of politics in the regulatory process.” E.O. 13422 required agencies to identify the specific market failure that justified agency rulemaking action and gave regulatory policy officers the right to initiate or stop rulemakings at any time without public input. OMB Watch characterized the Bush-era order as an attempt “to paralyze…
The D.C. Circuit Court of Appeals has reportedly denied a Whole Foods Market, Inc. petition that sought to stop the Federal Trade Commission’s (FTC) antitrust proceedings against the company’s merger with Wild Oats Markets, Inc. The FTC’s administrative trial is scheduled to begin April 6, 2009, and Whole Foods contends that the commission has pre-judged the outcome. According to a Whole Foods spokesperson, “There is no question our due process and equal protection rights have been violated and we intend to pursue this case until we can get a hearing in a federal court about those violations.” According to a news source, Whole Foods is considering reframing and refiling its lawsuit. See Dow Jones Newswires, January 23, 2009.
FDA is seeking nominations for several public advisory committees, including the Transmissible Spongiform Encephalopathies Advisory Committee. This committee evaluates “available scientific data concerning the safety of products which may be at risk for transmission of spongiform encephalopathies having an impact on the public health,” according to FDA. Nominees should have experience in clinical and administrative medicine, hematology, virology, neurovirology, infectious diseases, immunology, transfusion medicine, surgery, internal medicine, biochemistry, biostatistics, epidemiology, biological and physical sciences, sociology/ethics, or other related professions. FDA will accept nominations until it fills all current and upcoming vacancies on the committee. See Federal Register, January 29, 2009.
USDA, the Food and Drug Administration and the Office of the Undersecretary for Food Safety have announced a February 10, 2009, public meeting to develop draft positions on agenda items for the 41st Session of the Codex Committee on Food Additives (CCFA) slated for March 16-20, 2009, in Shanghai, China. Part of the Codex Alimentarius Commission established in 1963 by the Food and Agriculture Organization and World Health Organization, CCFA (i) sets maximum levels for individual food additives; (ii) prepares priority lists of food additives for risk assessment by FAO and WHO experts; (iii) assigns functional classes to food additives; (iv) recommends specifications of identity and purity for food additives; (v) considers methods of analysis; and (vi) considers standards for related subjects such as food additive labeling. Specific agenda items for the session also include the Codex General Standard for Food Additives and the scope of its food categories. The…
