Category Archives Legislation, Regulations and Standards

The American Soybean Association (ASA) has asked the U.S. Department of Agriculture’s Office of the Inspector General to investigate the administration of the federally mandated soy checkoff program that is responsible for industry-wide marketing and promotion efforts. “Serious ethical, legal and financial allegations have been raised about how farmer checkoff funds and program activities are being conducted,” stated ASA President John Hoffman in a press release that levied several charges against the United Soybean Board (USB) and the U.S. Soybean Export Council (USECC) for their oversight of checkoff resources. The association’s allegations include “the improper and wasteful expenditure of both checkoff and federal funds; potential evasion of mandated salary and administrative spending caps by USB; conflicts of interest at USB; use of checkoff funds for prohibited purposes by USB; and wasteful and excessive spending by USB.” In addition, ASA cited concerns about “improper USB oversight and tolerance of actions that…

The California Environmental Contaminant Biomonitoring Program’s Scientific Guidance Panel decided at a December 4-5, 2008, meeting that it would designate diesel exhaust and flame retardants as the first substances the state will monitor in humans under a 2006 law (SB 1379) requiring the establishment of a state biomonitoring program. The panel also reportedly agreed that the program’s pilot project would focus on analyzing maternal-infant blood samples from 250 subject pairs. A spokesperson with the state’s Office of Environmental Health Hazard Assessment (OEHHA) apparently indicated that antimicrobials and synthetic hormones used in animal husbandry will be discussed at a future meeting. Environmentalists who attended the meeting reportedly urged the panel to prioritize other chemicals such as bisphenol A, nano silver and phthalates. According to a press report, panel members asked OEHHA legal counsel whether another 2006 law (A.B. 289) could be applied to the biomonitoring program. That law apparently authorizes a state…

The Irish government this week recalled all pork products from pigs slaughtered in the country after testing revealed high levels of dioxin in animal feed and pork fat samples. Authorities have thus far linked the carcinogen to 10 pig farms that received feed from Millstream Power Recycling Limited, a Carlow company which reprocesses foodstuffs to make livestock meal. In addition, Ireland’s Department of Agriculture has placed 45 cattle farms under restrictions because they may have received feed potentially contaminated with dioxins. Health officials stated that three cattle herds of 11 tested had “technically non-compliant” dioxin levels, but stressed that there is “no public health concern” with regard to Irish beef. The government has also declared 490 pig farms “dioxin-free,” although the prohibition on the sale of domestic pork products has remained in effect. See CNN, December 8 and 9, 2008; The Associated Press, December 9, 2008. Meanwhile, the European Commission…

WHO experts have reportedly determined that a tolerable daily intake (TDI) of melamine is 0.2 milligrams per kilogram of body weight (mg/kg bw/d). This threshold is lower than the one recently adopted by the U.S. Food and Drug Administration (FDA), which accepts 0.63 mg/kg bw/d as an appropriate TDI for dietary melamine. The WHO standard is also more stringent than the TDIs used in both Europe (0.5 mg/kg mw/d) and Canada (0.35 mg/kg bw/d). Although the organization felt that the U.S. measure provides an acceptable margin of safety, it nevertheless stressed that melamine is not ever considered “safe” for consumption. “Melamine is a contaminant that should not be in food. However, sometimes it is unavoidable,” said WHO in a statement. “TDI represents the tolerable amount of unavoidable contaminant in food that a person can ingest on a daily basis without appreciable health risks.” See Bloomberg.com, December 6, 2008; Law360, December…

Reversing a position it took in July 2008, the FDA has issued a notice announcing the withdrawal of a final rule that prohibited the extra-label use of cephalosporin antimicrobial drugs in food-producing animals. As we noted in issue 266 of this Update, the FDA issued its prohibition “based on evidence that extralabel use of these drugs in food-producing animals will likely cause an adverse event in humans and, as such, presents a risk to human health.” According to the November 26 notice, “The agency received many substantive comments on the order of prohibition. Therefore, to allow more time to fully consider the comments, FDA has decided to revoke the order so that it does not take effect November 30, 2008.” Should the agency again decide to ban use of the drugs, it will provide a public comment period before implementing it. A number of organizations, including agriculture groups and animal-drug…

The National Research Council (NRC) has published a report, titled Review of Federal Strategy for Nanotechnology-Related Environmental, Health, and Safety Research, that finds “serious weaknesses in the government’s plan for research on the potential health and environmental risks posed by nanomaterials, which are increasingly being used in consumer goods and industry.” NRC describes the research plan developed under the auspices of the National Nanotechnology Initiative (NNI) as “incomplete,” noting that it does not “include research goals to help ensure that nanotechnologies are developed and used as safely as possible.” According to a December 10, 2008, NRC press release, the NNI plan takes only a cursory look at important research areas like “Nanomaterials and Human Health,” which should “include a more comprehensive evaluation of how nanomaterials are absorbed and metabolized by the body and how toxic they are at realistic exposure levels.” NRC also faults the NNI for failing to incorporate vital input from…

The GAO, which serves as the investigative arm of the U.S. Congress, has released a report that analyzes federal oversight of genetically engineered (GE) crops and recommends steps the agencies could take to better address the unauthorized release of these crops into food, animal feed or the environment. Titled Genetically Engineered Crops: Agencies Are Proposing Changes to Improve Oversight but Could Take Additional Steps to Enhance Coordination and Monitoring, the 109-page report discusses the roles that the U.S. Department of Agriculture (USDA), Environmental Protection Agency (EPA) and Food and Drug Administration (FDA) play in regulating GE crops. It also notes how six unauthorized releases of GE crops in recent years may not have adversely affected human or animal health, but did result in lost trade opportunities. The GAO’s assessment was undertaken at the request of Senators Tom Harkin (D-Iowa) and Saxby Chambliss (R-Georgia), the chair and ranking member respectively of the Committee on…

The Canadian government has reportedly filed a complaint with the World Trade Organization (WTO), challenging the U.S. country-of-origin labeling (COOL) law. According to a news source, Canada alleges that COOL will impose unnecessary costs on meatpackers that use Canadian livestock and could lead to additional and more stringent labeling requirements in other countries. Canadian Trade Minister Stockwell Day was quoted as saying, “We believe that the country-of-origin legislation is creating undue trade restrictions to the detriment of Canadian exporters.” The complaint initiates a consultation period, which, if unsuccessful, could lead to resolution by a WTO dispute settlement panel. Canadian beef and pork producers recently called on the government to institute such action; further details about their concerns appear in issue 281 of this Update. See Meatingplace.com, December 2, 2008.

According to a press report, the D.C. Circuit Court of Appeals has refused the request of Whole Foods Market, Inc. that the court reconsider, en banc, a July 2008 decision by a three-judge appellate court panel reviving the Federal Trade Commission’s antitrust challenge to the company’s merger with Wild Oats Markets, Inc. More information about the panel’s divided ruling appears in issue 269 of this Update. The commission will conduct administrative hearings on the merger in February 2009. While the merger was completed in August 2007, the commission could apparently try to stop further integration of the companies’ operations or require Whole Foods to sell some properties. In a statement, Whole Foods reportedly indicated its intent to vigorously defend the administrative proceedings, “even though we believe it is an unfair process and a violation of the company’s due process rights.” See Dow Jones Newswires, November 21, 2008. Meanwhile, a Chicago…

The Kansas Department of Agriculture this week held its final hearing on a regulation that would ban labels advertising a dairy product as “rBGH free,” “rBST free” or “artificial growth hormone free.” As of January 2010, the measure would also require products marketed as “derived from cows not supplemented with growth hormones” to carry disclaimer language stating, “the FDA has determined that no significant difference has been shown between milk derived from rBST-supplemented and non-rBST-supplemented cows.” The department proposed the rules to reduce consumer confusion on the issue, but organic and environmental groups have since formed a coalition to lobby against the regulation. According to the Center for Food Safety, “94 dairy farmers; consumer, farm and agricultural groups; public health, animal protection and environmental organizations; food processors; and retailers” signed a letter to Kansas Governor Kathleen Sebelius (D), claiming that the “proposed rule puts unnecessary obstacles in the way of…

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