The U.S. Food and Drug Administration (FDA) has announced the availability of "Public Warning and Notification of Recalls," final guidance that aims to "increase and expedite the appropriate and accurate use of public warnings and public notification and to increase public health protection by better informing the public about violative products being recalled." "We’re taking a new step to help ensure appropriate public warnings and notification of recalls when FDA-regulated products are involved," FDA Commissioner Scott Gottlieb said in a statement. "The final guidance we’re issuing today outlines circumstances when a company should issue a public warning about a voluntary recall, describes the general timeframe for companies to issue such a warning, discusses what information should be included in a public warning, and describes situations where the FDA may take action to issue its own public warning should a company’s warning be deemed insufficient."
Category Archives Legislation, Regulations and Standards
A councilwoman has reportedly proposed to criminalize the sale of foie gras in New York City, citing the U.S. Supreme Court's refusal to examine California's force-fed foie gras ban. The bill would make the sale of foie gras a misdemeanor and allow the imposition of a one-year prison sentence and fines up to $1,000 for each offense. "Force-feeding a bird for the sole purpose of making it sick to create some bizarre delicacy is gruesome and inhumane. This may have been acceptable in 2500 BC but I think we know better now," a councilman who supports the bill is quoted as saying.
The U.S. Food and Drug Administration (FDA) has released a report detailing its investigation into a 2018 outbreak of E. coli in romaine lettuce. The report describes the FDA traceback team's investigation into farms with potential links to the outbreak that culminated in a December product recall. "The FDA continues to recommend that leafy green growers, buyer/shippers and retailers be able to trace product back to the specific source in real time and make information about the source, such as harvest date and standardized growing regions, readily available for consumers on either packaging or point of sale signs, or by other means," FDA Commissioner Scott Gottlieb said in a press release. "We’re pleased to see many companies in the leafy green industry take voluntary steps to quickly respond to our previous recommendations. We believe this is the best approach to be able to inform consumers should there be any future…
The U.K. Food Standards Agency has opened a public consultation on labeling allergens on prepared food products. The consultation applies to foods “prepacked on the premises in anticipation of an order, before being offered for sale,” such as “fresh (uncooked) pizzas from the deli counter,” “boxed salads,” “hot foods such as rotisserie chicken or wedges,” and “foods that are pre-weighed and packed such as cheese or meats from a delicatessen counter or baked goods from an in-store bakery.” The consultation closes March 29, 2019. The New York Times also addressed food allergen labeling, asserting that regulations in the United States are incomplete. The author notes that label statements indicating the possibility of traces of allergens are unregulated, leading to inconsistent messages, and some common allergens are not noted at all, such as sesame.
The Lancet Commission has issued a report on “The Global Syndemic,” a combination of “three pandemics—obesity, undernutrition, and climate change.” The report was intended to focus on obesity as the Commission did in similar reports issued in 2011 and 2015, but the authors apparently found the roles of undernutrition and climate change to be key in understanding global obesity during the process of preparing the report and ultimately expanded its scope. The Commission’s recommendations to improve “The Global Syndemic” include implementing stronger laws at national and lower levels, strengthening accountability systems and “creating sustainable and health-promoting business models,” such as “eliminat[ing] or redirect[ing] subsidies away from products that contribute to The Global Syndemic.” The Commission also suggested that governments “reduce the influence of large commercial interests in public policy development … so that governments can implement policies in the public interest that benefit the health of current and future generations,…
Nebraska State Sen. Carol Blood has reintroduced her bill to define "meat" as a product derived from animals following a withdrawal of her previous bill. The updated proposal would define meat as "any edible portion of any livestock or poultry carcass or part thereof and does not include insect-based, plant-based, or lab-grown food products." The bill would also include advertising or selling "an insect-based, a plant-based, or a lab-grown food product as meat" as a deceptive trade practice.
The European Union has requested a World Trade Organization consultation with the United States to address the imposition of tariffs on Spanish olives in August 2018. The United States reportedly applied countervailing and anti-dumping tariffs of 34.75 percent to the import of Spanish black olives on the grounds that Spanish growers receive benefits from the EU that are unavailable to other growers, such as those in California.
In a series of tweets, U.S. Food and Drug Administration (FDA) Commissioner Scott Gottlieb announced that about 200 food investigators—of 550—for the agency's Office of Human and Animal Food Operations have been working during the federal government's partial shutdown, with additional staff possibly "on the way depending on needs." Gottlieb further noted which food operations have continued during the shutdown: (i) "[h]igh-risk domestic food surveillance inspections"; (ii) "foodborne illness surveillance and outbreak investigations"; (iii) "[e]xecution of high-risk food recalls"; (iv) "[i]nspection of foreign food facilities"; and (v) "[s]ampling of imported food samples (including sampling for antibiotic residue contamination and decomposition analysis." High-risk foods reportedly include seafood, dairy, fresh produce, spices, eggs, sandwiches and infant formula.
A Nebraska state senator has withdrawn a proposed bill to define "meat" as an animal-derived product. Sen. Carol Blood submitted the bill to protect the state's meat industry, according to the Washington Post. "All I'm asking for is truth in advertising. It's clear that meat comes from livestock, and livestock is our livelihood in Nebraska," Blood reportedly said. A motion to withdraw the bill was filed January 23, 2019, and Blood did not comment on the withdrawal.
The Center for Food Safety (CFS) has filed a petition recommending that the U.S. Department of Agriculture (USDA) prohibit the use of hydroponic agriculture in the cultivation of organic food. "Hydroponic production systems are fundamentally different from organic production systems as defined by federal law—they do not promote soil health or conserve biodiversity," the petition states. "Organic certification of hydroponics thus misleads consumers, because these products are indistinguishable from truly organically produced products with the same label." CFS argues that organic production by definition must include soil, citing the Organic Foods Production Act and noting that the statute and the National Organic Program's final rule implementing it do not include the words "hydroponic" or "soilless." The petition urges USDA to amend existing regulations to expressly prohibit hydroponic systems in organic production and revoke existing organic certifications issued to hydroponic operations.
