Category Archives Legislation, Regulations and Standards

Panera Bread has reportedly petitioned the U.S. Food and Drug Administration (FDA) to establish a clear definition of the term “egg” after learning that agency rules dictate that “no regulation shall be promulgated” to define eggs. The company asserts that under existing regulations, restaurants can sell processed substances containing artificial flavorings, gums, coloring and fillers as "eggs." Panera’s director of wellness and food policy said in a press release, “Panera and our competitors use the FDA definitions to guide our product descriptions and names. But in the case of ‘eggs,’ we have no guidance. Brands can say they offer an egg sandwich, but sell an egg product that contains multiple additives.”

A group of organic food producers, retailers and certifiers has published a full-page advertisement in The Washington Post containing the text of a letter to Secretary of Agriculture Sonny Perdue expressing the group’s objection to the withdrawal of the Organic Livestock and Poultry Practices Rule. In the letter, the group says the elimination of the rule is “an affront to the many people and organizations engaged in a multi-year, transparent, and highly participatory process that resulted in an animal welfare standard overwhelmingly supported by organic farmers, organic companies, humane animal care advocates, and consumers . . . . Eliminating the rule not only fails to acknowledge innovation in the organic farming sector and provide fair and transparent rules, it also undermines the faith people have in how organic agriculture is governed.” The letter had 25 signatories, including Organic Valley, Whole Foods Market, the Union of Concerned Scientists, the Humane Society of…

The EU has voted to update and combine more than 30 existing fishing regulations, including the addition of a ban on electric pulse fishing and new regional measures tailored to meet the needs of industries in each sea area. The law would provide common rules governing fishing gear and methods, restrictions on fishing in certain areas or at certain times of the year, and the minimum size of fish that may be caught. The rules will also restrict catches of marine mammals, seabirds and reptiles and will include provisions to protect their habitats.

The U.S. Food and Drug Administration (FDA) has released a strategic policy roadmap for 2018 identifying four primary areas on which the agency will focus this year: (i) combating addiction; (ii) improving public health; (iii) ensuring consumers are better-informed about diet, health and nutrition; and (iv) strengthening the agency’s workforce and upgrading its technological resources. In an effort to "use nutrition to reduce morbidity and mortality from disease," FDA has indicated that it will "take new steps in 2018 to implement a comprehensive plan, incorporating a range of new efforts, to leverage dietary information to reduce the burden of disease through nutrition and encourage the development of more healthful food options."

The European Food Safety Authority (EFSA) has issued a scientific opinion reevaluating the safety of silicon dioxide used as a food additive, concluding that the available information is insufficient to confirm the current acceptable daily intake. The panel reportedly found no indication of adverse effects or genotoxicity, but it questioned a long-term study indicating silicon dioxide is not carcinogenic because the description of the primary particle size was not reported. The panel recommended that the European Commission consider lowering the current limits for arsenic, lead, mercury and cadmium in the current specifications for silicon dioxide to ensure it will not be a source of exposure to those elements.

The U.S. Department of Agriculture (USDA) seeks public comment on proposed amendments to the National List of Allowed and Prohibited Substances that would change restrictions on some items and allow new ones. Among the changes that USDA proposes are the suggested additions of activated charcoal, mineral oil, nutritive supplements and propylene glycol. The deadline for submission of public comment is March 19, 2018.

The U.S. Food and Drug Administration (FDA) has extended the comment period for its proposed rule revoking authorization for a health claim that the consumption of soy can reduce the risk of heart disease. The agency proposed the rule in October 2017 and opened a 75-day comment period, but it has extended the deadline until March 19, 2018.

The European Food Safety Authority (EFSA) has opened a public consultation period on draft guidance for the agency’s risk assessment of nanoscience and nanotechnology applications in human and animal food. The draft, intended to update the 2011 guidance, will include coverage of novel foods, food contact materials, food and feed additives and pesticides. It also considers in vivo and in vitro toxicology studies and outlines a tiered framework for testing. The deadline for submission of public comments is March 4, 2018.

The U.S. Food and Drug Administration (FDA) has issued draft guidance aiming to increase and expedite product warnings and recalls. According to FDA Voice, recall information has historically not been released to the public until after a weeks- or months-long evaluation and classification process. The agency plans to add “not-yet-classified” recalls of drugs, food and veterinary products to its weekly Enforcement Report, but the addition will not affect existing protocols for working with companies. The deadline for submitting public comment is March 20, 2018.

The U.S. Food and Drug Administration (FDA) has announced it will not enforce certain provisions of the Food Safety Modernization Act (FSMA) because the agency needs more time to consider "the complex supply chain relationships and resource requirements” related to definitions and required disclosures. Among other issues, FDA stated, are questions about factors such as farm ownership and farm-related activities that affect the determination of what business entities are “farms.” In addition, FDA will delay enforcement of some provisions related to (i) produce safety; (ii) disclosures regarding hazard analyses; (iii) importation of food contact substances under the Foreign Supplier Verification Program; and (iv) human food byproducts used in animal food.

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