Category Archives Legislation, Regulations and Standards

The National Toxicology Program, part of the Public Health Service of the U.S. Department of Health and Human Services (HHS), has issued for peer review a draft research report of a two-year study of the effects of bisphenol A (BPA) on rats. According to a press release issued by the U.S. Food and Drug Administration (FDA), the study was conducted by senior scientists at FDA’s National Center for Toxicological Research as part of a collaborative effort by FDA and the National Institutes of Health to investigate concerns about possible developmental effects of relatively low exposure to BPA. FDA reports that it found “minimal effects” of BPA on rats but identified areas that “may merit further research, such as the increase in occurrence of mammary gland tumors at one of the five doses.” FDA also noted that its “comprehensive review” of the report supports the agency’s determination that currently authorized uses…

Alleging unfair trade restrictions, the Vietnamese government has asked the World Trade Organization (WTO) to consult with the United States to discuss limitations on catfish imports. Vietnam alleges that a recent move to shift import inspections from the U.S. Food and Drug Administration to the U.S. Department of Agriculture subjects shipments of Vietnamese catfish (Siluriformes Pangasius) to unfairly stringent food safety rules. Vietnam argues that it has “objectively demonstrated” that its food safety standards “achieve the appropriate level” of safety demanded by the United States. If the requested consultations do not achieve a quick resolution, WTO may authorize Vietnam to ask for a formal adjudication.

The U.K. Advertising Standards Authority (ASA) has upheld two challenges to television ads, one for Aldi Stores Ltd. and one for The Wrigley Co.'s Extra chewing gum, ruling that neither can be aired again. In the Aldi ad, "Kevin the Carrot,” an advertising mascot, was used to advertise alcohol beverages in a parody of “The Sixth Sense.” The ad began with Kevin saying, “I see dead parsnips,” and featured a voice-over explaining, “Kevin was feeling a little bit tense. He thought there were spirits. He had a sixth sense. As it turned out, his instincts were right. There were a few spirits that cold Christmas night.” Throughout the ad, various alcohol beverages appear. The ad was challenged on the grounds that the ad was likely to appeal to minors because the main character was a child's toy. Aldi argued that the ad was part of its 2017 holiday parody series…

The U.S. Food and Drug Administration (FDA) has released the 2017 edition of the FDA Food Code, a set of model regulations and advice for the reduction of foodborne illnesses, including suggested uniform standards for retail food safety, inspections and audits. The Code includes (i) a requirement for a person in charge of the establishment to be a “Certified Food Protection Manager”; (ii) an added section regarding the use of bandages, finger cots and stalls; (iii) standardized cooking times and temperatures for “intact and non-intact” meat and poultry; and (iv) updated procedures for operation during extended water or electrical outages.

The U.S. Food and Drug Administration (FDA) is soliciting public comment on whether the agency should continue to collect information about foodborne illnesses in restaurants. The proposal would extend studies of risk factors, preparation practices, employee behavior and the effects of regulation and food safety management systems on occurrences and outbreaks. FDA began a study of full-service and fast food restaurants in 2013; its current data collection will end in 2018, and the proposed collection would extend to 2022. Public comment will be accepted through April 9, 2018.

The U.S. House of Representatives has passed a bill to amend the Federal Food, Drug and Cosmetic Act that would reduce nutrition- and calorie-labeling requirements on menus and bar civil liability for any restaurant or retail food establishment accused of violating the law’s requirements. The Common Sense Nutrition Disclosure Act would allow restaurants to use average calorie counts or ranges on menus instead of exact counts and would permit online-only calorie disclosures. The bill would permit “reasonable-basis” disclosures that allow for variations in serving sizes, human error in preparation or variations in ingredients. It would also allow restaurants to decide whether to disclose content for a whole item or on a per-serving basis.

The Washington Department of Ecology has reportedly fined Cooke Aquaculture $332,000 for violations of state water quality laws related to a net pen failure that released approximately 250,000 farmed Atlantic salmon into Puget Sound. Cooke initially blamed the failure on high tides coinciding with the August 2017 solar eclipse; state investigators determined that the pen collapsed because the company failed to clean and maintain the nets, reportedly finding that they were covered with more than 110 tons of mussels, clams and other marine organisms that increased tidal drag and overwhelmed the mooring systems. The state reports that about 57,000 of the escaped fish have been captured. Before the Puget Sound farm collapsed, Cooke reportedly applied to build a salmon farm in Washington’s Strait of Juan de Fuca. The state has terminated Cooke’s leases for both the Puget Sound location and a second location in Port Angeles and placed a moratorium on…

The Food Safety and Inspection Service (FSIS) of the U.S. Department of Agriculture has denied a petition from the National Chicken Council seeking to waive the line speed limit of 140 birds per minute in processing plants. FSIS told the council that processors of young chicken are permitted to run at higher speeds if they were one of 20 participants in a New Poultry Inspection System pilot study operating under a Salmonella Initiative Program (SIP) waiver. During the pilot program, participants demonstrated that they could maintain process control at line speeds up to 175 birds per minute and were capable of "consistently producing safe, wholesome and unadulterated product" and "meeting pathogen reduction and other performance standards.” The agency's letter indicated that it would consider granting additional SIP waivers but would not grant waivers that would allow processors to operate without maximum line speeds.

One day after the U.S. Food and Drug Administration (FDA) issued draft guidance on proposals to expedite product warnings and recalls, FDA and other health officials testified before the House Subcommittee on Oversight and Investigations about the results of an audit faulting the agency for the failure of the recall process to ensure food safety. Conducted by the Office of Inspector General of the Department of Health and Human Services, the audit identified a two-month average delay between when FDA notified companies of issues and when companies took action. During the hearing, Rep. Greg Walden (R-Ore.) reportedly displayed a snack container he had brought to a 2009 hearing on a nationwide Salmonella outbreak traced to products manufactured by the Peanut Corp. of America (PCA). PCA executives are serving federal prison terms for their roles in the outbreak, and a three-judge panel of the U.S. Court of Appeals for the Eleventh Circuit…

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