The U.S. Department of Agriculture’s Food Safety and Inspection Service (FSIS) has proposed an amendment to a rule requiring that livestock carcasses be “marked with the official inspection legend at the time of inspection in a slaughter establishment” if the carcasses will be processed further at the same location. According to FSIS, the rule was established when slaughterhouses would ship carcasses to different locations for further processing; under “contemporary practices,” “a slaughter establishment typically moves [a carcass], under control, to another department in the same establishment for further processing.” As a result, “marking the carcass on the slaughter floor is often unnecessary,” FSIS asserts. Comments on the proposed rule will be accepted until October 1, 2018.
Category Archives Legislation, Regulations and Standards
The European Food Safety Authority (EFSA) has released a scientific report identifying potential areas of improvement in the agency’s emerging risks identification procedure. The report highlights “weaknesses with respect to data collection, analysis and integration” and suggests that broader analyses would improve the system. Recommendations include (i) integrating social sciences “to improve understanding of interactions and dynamics,” (ii) improving data processing pipelines and (iii) enhancing transparency and improving communication.
The U.K. Advertising Standards Authority (ASA) has again barred HJ Heinz Foods UK from airing a television commercial suggesting that the nutritional benefits of beans and a protein supplement are comparable. After ASA found that the ad made an unpermitted nutrition claim, Heinz changed a line in the commercial to reduce an implied comparison between the levels of protein, fiber and fat in a protein shake and a serving of beans. ASA found that the updated version of the ad continued to create the “overall impression” that the two products were comparable and banned the ad from running on television.
At a speaking engagement, U.S. Food and Drug Administration (FDA) Commissioner Scott Gottlieb reportedly expressed that the agency’s standards of identity for milk have not been enforced. According to the standard of identity, milk is “the lacteal secretion, practically free from colostrum, obtained by the complete milking of one or more healthy cows,” a definition that does not include non-dairy beverages produced from almonds, soy, rice or coconuts that are labeled as milk. Admitting that “an almond doesn’t lactate,” Gottlieb reportedly indicated that FDA will begin collecting public comments before determining its approach to the issue.
The U.S. Food and Drug Administration (FDA) has sent a warning letter to Roorda Dairy advising that an investigation of its premises revealed cattle sold for food that tested positive for unapproved antibiotics. The agency purportedly tested muscle tissue and found antibiotics used contrary to the approved label use and found no evidence of veterinary supervision. FDA’s approach to antibiotics in cattle use has been criticized, including a March 2018 New York Times report on the agency’s distinction between antibiotics for growth, which is not allowed, and antibiotics for disease prevention, which is acceptable under FDA standards. In 2017, the World Health Organization recommended ending the routine use of antibiotics in healthy animals.
California Governor Jerry Brown has signed the Keep Groceries Affordable Act, a statute preventing local agencies in the state from imposing taxes or fees on groceries, including "carbonated and noncarbonated nonalcoholic beverages," until January 1, 2031. The law, which exempts taxes that do not specifically refer to groceries as a target classification, also invalidates any "tax, fee, or other assessment on groceries imposed by a local agency after January 1, 2018," but will not invalidate taxes on sugar-sweetened beverages in San Francisco and Berkeley.
France's Institut National de l'Origine et de la Qualité has filed an opposition with the U.S. Trademark Trial and Appeal Board contesting Teastream LLC's application to register "Champagne's Sober Cousin" for tea products. Institut National de l'Origine et de la Qualité v. Teastream LLC, No. 91241975 (T.T.A.B., opposition filed June 25, 2018). The French agency asserts that the mark would infringe on the country's protected designation of origin for sparkling wines from the Champagne region, allegedly resulting in "dilution by blurring and by tarnishment" of a famous mark. Meanwhile, France's Directorate General of Competition, Consumer Affairs and Fraud Control has reportedly investigated "anomalies, deceptions and fraud" in the sale of Spanish wine. The investigation purportedly found that several merchants sold as many as 10 million bottles of Spanish wine as French by falsely marking the bottles with "vin du France" or misleadingly marketing them with French elements, such as the…
Seattle's ban on plastic straws and utensils took effect July 1, 2018, after the expiration of an exemption in a 2008 law requiring one-time-use food-service items to be compostable or recyclable. The law, which includes a medical necessity exception, can impose fines of $250 on businesses that fail to comply. Other U.S. cities have considered similar bans on plastic straws, including Washington, D.C.
As part of a proposal to reorganize several federal agencies, the Trump administration has recommended that food-safety regulatory oversight be shifted to the U.S. Department of Agriculture (USDA), combining the agency's Food Safety and Inspection Service (FSIS) with the current food purview of the Food and Drug Administration (FDA). According to the proposal, the Government Accountability Office found that the existing approach "has caused inconsistent oversight, ineffective coordination, and inefficient use of resources" and recommends "merging Federal food safety functions as a potential solution to this fragmentation." For example, the administration suggests, "[W]hile FSIS has regulatory responsibility for the safety of liquid eggs, FDA has regulatory responsibility for the safety of eggs while they are inside of their shells; FDA regulates cheese pizza, but if there is pepperoni on top, it falls under the jurisdiction of FSIS; FDA regulates closed-faced meat sandwiches, while FSIS regulates open-faced meat sandwiches." The proposed USDA agency, the…
The U.S. Food and Drug Administration (FDA) has released draft guidance on intentional adulteration of the food supply. The guidance aims to help manufacturers develop and implement plans to protect their products by providing details on the components of a food defense plan, including vulnerability assessments, mitigation strategies and training requirements. Large businesses must have a plan by July 26, 2019, with enforcement dates in 2020 and 2021 for small or very small businesses. FDA also indicated that it will issue two further installments of draft guidance on intentional adulteration focusing on vulnerability assessments and corrective actions. "The likelihood of an incident at a particular facility is low, but the intentional adulteration of the U.S. food supply represents a very serious threat – one that could have devastating public health consequences," FDA Commissioner Scott Gottlieb said in a statement. "The goal of this draft guidance, in its entirety, is to…
