The U.S. Food and Drug Administration (FDA) has announced the availability of "Menu Labeling: Supplemental Guidance for Industry," which includes an advisory of FDA's intent to exercise discretion regarding nutrient declarations for calories from fat. FDA has taken this position "because the current science supports a view that the type of fat is more relevant to the risk of chronic disease than the overall caloric fat intake." The guidance also addresses concerns about the implementation of nutrition labeling, includes "expanded and new examples of alternatives to aid in compliance" and details the criteria for considering natural variations in foods when determining nutritional labels.
Category Archives Legislation, Regulations and Standards
The Agricultural Marketing Service (AMS) of the U.S. Department of Agriculture (USDA) has released the proposed National Bioengineered Food Disclosure Standard, which would establish "a mandatory uniform national standard for disclosure of information to consumers." The proposal defines “bioengineered food” as food “that contains genetic material that has been modified through in vitro recombinant deoxyribonucleic acid (DNA) techniques" "for which the modification could not otherwise be obtained through conventional breeding or found in nature.” AMS seeks comments on "how to interpret the statutory definition of 'bioengineering,' and thus the scope of the regulatory definition of 'bioengineered food,'" according to the announcement. "In particular, AMS is interested in any additional studies conducted on this issue, the cost of implementation under each policy, and whether certain policies describing the scope of foods subject to the disclosure standard would lower costs to affected entities." Comments on the proposed rule must be received by July…
The U.S. Food and Drug Administration (FDA) has extended the compliance date for its changes to food nutrition labels. The extension applies to rules on (i) providing updated nutrition labeling on food; (ii) defining a single-serving container; (iii) requiring dual-column labeling for certain containers; (iv) updating, modifying and establishing certain reference amounts customarily consumed; and (v) amending the label serving size for breath mints. The compliance date for manufacturers with $10 million or more in annual food sales is January 1, 2020, and the compliance date for manufacturers with less than $10 million in annual food sales is January 1, 2021.
The Hawaii Legislature has passed a bill banning the use of pesticides containing chlorpyrifos and prohibiting restricted-use pesticides near schools. The legislation would prohibit the use of chlorpyrifos beginning January 1, 2019, but allow for the grant of temporary extensions through 2022. Hawaii's Department of Agriculture will also be required to produce a summary of pesticide use by county. The bill has been forwarded to Governor David Ige for approval.
The National Advertising Division (NAD) has recommended that Perdue Farms Inc. modify or discontinue broadcast and YouTube advertisements for the company’s Harvestland Organic chicken, finding the ads could mislead consumers into believing all Perdue chicken is organically raised. NAD found that the company's “Free Range” and “All-Veggie Diet” ads featured “general brand references” to Perdue but only “momentary visual references to Harvestland Organic," potentially leading consumers to conflate the two. The ads, which asserted that Perdue's chickens are"happy," also “clearly stated the general claim, ‘Perdue, raising more organic chickens than anyone in America,’” NAD noted. The board further cited a consumer-perception survey submitted by Perdue, finding that “the survey showed that substantially more respondents took away a message about the Perdue brand, generally." "NAD recommended that the advertiser discontinue the broadcast and YouTube commercials or modify them – including the YouTube description copy – to make clear that the advertising pertains…
The U.S. Department of Agriculture (USDA) has proposed amending the National List of Allowed and Prohibited Substances to approve elemental sulfur for use in organic livestock production as a topical parasiticide for fleas, ticks and mites. The proposal would also reclassify potassium acid tartrate from a non-agricultural substance to an agricultural substance and require use of the ingredient's organic form when commercially available. Public comment on the proposed rule must be received by June 29, 2018.
The U.S. Food and Drug Administration (FDA) has announced a change to the common name "brown king crabmeat," derived from Lithodes aequispinus. Effective May 3, 2018, the common and usual name for crabmeat previously described as "brown king crabmeat" has been changed to “golden king crabmeat.” The compliance date for the changes is January 1, 2020.
The French Parliament has reportedly voted to prohibit the use of meat and dairy terms to describe plant-based substitutes such as vegetarian sausage or vegan bacon. The measure follows a 2017 European Court of Justice ruling that plant-based products cannot be marketed with terms such as “milk” or “butter.” Violations of the ban may lead to fines of up to €300,000.
An organic egg producer has filed a citizen petition urging the U.S. Food and Drug Administration (FDA) to update the definition of “healthy” to be consistent with scientific evidence and the 2015-2020 Dietary Guidelines for America (DGA). Specifically, Pete and Gerry’s Organics LLC asks FDA to amend the Food, Drug and Cosmetic Act to allow eggs, as single-ingredient foods, to bear the claim “healthy” and to amend FDA enforcement guidance to permit use of the term on eggs, which contain cholesterol in excess of the current limits. The petition states that FDA’s current labeling guidelines are based on specific nutrient levels rather than overall nutritional quality of foods, while the DGA has shifted emphasis to overall dietary patterns. The 2015-2020 DGA does not suggest limiting cholesterol, based on American Heart Association and American College of Cardiology research that apparently found “no appreciable relationship between consumption of dietary cholesterol and serum cholesterol,”…
The European Parliament has adopted rules governing the certification and labeling of organic foods, including supply chain checks and updated standards for organic foods imported from non-EU countries. The rules also cover plant seeds, allowing producers to offer locally adapted traditional varieties for sale and use. "Organic standards are already very high, but consumer confidence can best be strengthened when the rules are clear and comprehensible. The new regulation wil[l] certainly make a positive contribution here," MEP Martin Häusling said in a interview. “Moreover, many of the rules that give producers security are also beneficial to consumers. The annual process-oriented controls mean consumers can be sure companies are inspected regularly."
