Ireland’s tax on sugar-sweetened beverages (SSBs) will take effect May 1, 2018, following a European Commission finding that the tax does not constitute state aid. According to a press release, "The Commission in its assessment found that soft drinks can be treated differently to other sugary products in view of health objectives. For example, the Commission took into account the fact that soft drinks are the main source of calories devoid of any nutritional value and thereby raise particular health issues. Furthermore, soft drinks are particularly liable to lead to overconsumption and represent a higher risk of obesity, also compared to other sugary drinks and solid food. On this basis, the Commission concluded that the scope of the Irish sugar sweetened drinks tax and its overall design are consistent with the health objectives pursued and does not unduly distort competition."
Category Archives Legislation, Regulations and Standards
The U.S. Department of Agriculture (USDA) has announced it will reestablish the Fruit and Vegetable Advisory Committee and seeks nominations for "a diverse group of members representing a broad spectrum of persons interested in providing suggestions and ideas on how USDA can tailor its programs” to meet industry needs. The agency intends to include growers and shippers; wholesalers and distributors; brokers; processors; retail and restaurant representatives; foodservice suppliers; representatives for organic and non-organic farmers markets; food hubs; state departments of agriculture; farmers’ organizations; and trade associations. Written nominations must be postmarked on or before May 24, 2018.
The U.S. Departments of Agriculture and State are accepting comments on the subjects discussed at the 2018 Food and Agricultural Organization of the United Nations (FAO) Informal North American Regional Conference. Subjects include "agri-food trade and global food security; gender equality and the empowerment of women; agricultural innovations; and FAO's work in emergencies and emerging threats."
The U.S. Government Accountability Office (GAO) has announced new food safety recommendations for managing the risk of arsenic in rice and efforts to reduce pathogens in meat and poultry products. Following a request to review issues related to arsenic in rice, GAO determined that the U.S. Food and Drug Administration (FDA) has not updated its risk assessment of the human health effects in two years and was unable to provide a timeline for either an update or final draft guidance. GAO has recommended that FDA develop such timelines, work with other agencies to coordinate risk assessments and work with the U.S. Department of Agriculture (USDA) to develop methods to detect contaminants in food. GAO also reviewed USDA’s approach to reduction of pathogens in meat and poultry, finding the agency has failed to develop standards for some products—including turkey breasts and pork chops—and has not fully documented its process for deciding…
The Good Food Institute (GFI), with a group of plant-based and “clean” meat companies, has sent a letter to the U.S. Department of Agriculture (USDA) responding to a petition filed by the U.S. Cattlemen’s Association requesting that the agency restrict the definitions of “beef” and “meat” to products derived from live animals. GFI argues that USDA cannot grant the petition because the agency lacks authority over plant-based products, which are governed by the U.S. Food and Drug Administration. USDA is “authorized only to regulate meat labels to protect the health and welfare of consumers, not to prop up an industry or favor one production method over another,” the group asserts. In addition, the group argues that plant-based or clean meat product labels that “clearly and accurately disclose the nature of the product” do not violate the labeling requirements of the Food, Drug and Cosmetic Act or the Federal Meat Inspection…
The U.K. Advertising Standards Authority (ASA) has upheld an advocacy group's challenge to the use of the term “natural” by Pret A Manger but rejected a challenge to the company’s advertising claim that its breads are fresh-baked at each location. Ads on Pret A Manger’s website and Facebook page claimed that the chain makes “handmade natural food,” “avoiding the obscure chemicals, additives and preservatives common to so much of the ‘prepared’ and ‘fast food’ on the market.” Pret A Manger argued that the ads did not imply that it uses only natural ingredients or that its food is additive- and preservative-free; rather, the terminology was used to express the company's mission, which is partly to “avoid (as opposed to entirely eliminate) ‘obscure’ (as opposed to all)” chemicals. ASA upheld the challenge, determining that consumers were likely to interpret the claims to mean that the chain’s food was “natural” and free from…
The United Kingdom has announced plans to ban the sale of plastic straws and drink stirrers in an effort to combat plastic waste in oceans. Previous initiatives to further that goal have included a ban on microbeads in personal care products, fees for single-use plastic bags and a proposal for a deposit-return process for single-use drink containers. Plastic straws necessary for medical treatment may be exempted from the ban. "Alongside our domestic action, this week we are rallying Commonwealth countries to join us in the fight against marine plastics, with £61.4 million funding for global research and to improve waste management in developing countries," Prime Minister Theresa May said in a statement.
China’s Ministry of Commerce has reportedly announced that it will require importers of U.S.-grown sorghum to pay a 178.6 percent deposit in anticipation of anti-dumping tariffs, which may discourage imports and directly affect American growers. A Chinese investigation apparently concluded that U.S. sorghum is being dumped on the Chinese market, despite denials from U.S. officials. “This approach is in line with Chinese law and [World Trade Organization] rules; it aims at correcting unfair trade practices, maintaining normal trade and competition order,” Wang Hejun, director of the ministry’s trade remedy and investigation bureau, reportedly said in a statement.
The U.S. House of Representatives' Agriculture Committee has introduced the Agriculture and Nutrition Act of 2018 (Farm Bill). The bill includes provisions on farm policy, regulatory reform, animal health and specialty and organic crops. According to the committee's highlights, "One of the most consistent complaints policymakers hear from farmers and ranchers is about burdensome regulations. The farm bill streamlines and reduces regulatory burdens. For example, the bill includes commonsense reforms to the onerous and conflicting Endangered Species Act (ESA) consultation process regarding pesticide registration activities to ensure agricultural producers have access to the safest and most efficient modern crop protection tools." The bill would also establish a National Animal Disease Preparedness and Response Program, modeled on "the highly successful Plant Pest and Disease Management and Disaster Prevention Program."
The European Commission has proposed changes to directives governing food safety, marketing and distribution. According to an EU news release, the proposal would update the General Food Law, "which dates back from 2002 and thus needs an update," and "will give citizens greater access to information submitted to the European Food Safety Authority [(EFSA)] on approvals concerning the agri-food chain." The EU proposes to create a registry of commissioned studies available to the public and predicts that Member States will be more involved in EFSA's governance structure and scientific panels. The proposal also reportedly targets "dual foods," or foods marketed across the continent but produced and sold with ingredients of reduced quality in some areas. Additional details on the New Deal for Consumers, including proposed rules on collective redress, appear in Shook's Product Liability Bulletin.
