Voters in Sonoma County, Calif., have passed by a significant margin— 55.9 to 44.9 percent— a ballot initiative that prohibits cultivation of genetically modified crops. Santa Cruz, Humboldt, Trinity, Marin and Mendocino counties have already passed similar measures. The Center for Food Safety reportedly helped draft Measure M, providing legal and scientific counsel over the last year. See The San Francisco Chronicle, November 9, 2016. Issue 622
Category Archives Legislation, Regulations and Standards
The U.S. Food and Drug Administration (FDA) has requested public input on how consumers use “flavored nut butter spreads and products that can be used to fill cupcakes and other desserts,” as part of its effort to establish a reference amount customarily consumed (RACC) and serving size for these products. Responding to a March 4, 2014, citizen petition filed by Nutella® manufacturer Ferrero Inc., which asked FDA to re-categorize nut cocoa-based spreads as a breakfast condiment similar to “honey, jams, jellies, fruit butter, [or] molasses” as opposed to a dessert topping, the agency notes that it has since updated certain RACCs and needs additional data “to determine the customary consumption amounts of and appropriate product category for flavored nut butter spreads (e.g., cocoa, cookie, and coffee flavored).” To decide if it needs to create a new RACC category for these products with a serving size of 1 tablespoon, FDA seeks responses to…
The Federal Trade Commission (FTC) has approved a modified final order settling charges that the $28-billion merger of Delhaize Group NV/SA and Koninklijke Ahold N.V. would be anticompetitive. In re Koninklije Ahold N.V., No. C-4588 (F.T.C., order entered October 14, 2016). According to the modified order, the companies must divest 81 stores—including locations of Giant, Hannaford, Martin’s, Food Lion and Stop & Shop—to seven companies before merging. Issue 621
The Cornucopia Institute has filed a complaint with the U.S. Department of Agriculture “requesting an investigation into the organic certification of hydroponic operations in the U.S. that appear to conflict with the statutory language of the Organic Foods Production Act (OFPA) of 1990 and current federal regulations governing organic food production.” The organization argues that two companies, Wholesum Harvest Family Farms and Driscoll’s, sell hydroponically raised produce as certified organic despite failing to meet federal standards on the contents of their soil, which allegedly include peat moss, coconut cuir and hydrolyzed soy fertilizers made from genetically modified soybeans. “Hydroponic and container systems rely on liquid fertilizers developed from conventional crops or waste products,” said a Cornucopia Institute farm policy analyst in a November 1, 2016, press release. “Suggesting that they should qualify for organic labeling is a specious argument.” Issue 621
A consumer has filed a proposed class action against Hormel Foods Corp. alleging the company misrepresents its meat products as natural and free of preservatives despite containing synthetic or genetically modified ingredients, including cultured celery powder, baking powder and maltodextrin. Phelps v. Hormel Foods Corp., No. 16-62411 (S.D. Fla., Ft. Lauderdale Div., filed October 11, 2016). The lawsuit, focused on Hormel’s Natural Choice® line of products, echoes similar claims in a complaint filed by the Animal Legal Defense Fund in June 2016. Details on that complaint appear in Issue 610 of this Update. “The U.S. Department of Agriculture (‘USDA’) takes into account the level of processing in its policy on natural claims on food labeling,” the consumer complaint asserts. “The USDA allows such products to be labeled ‘natural’ when ‘(1) The product does not contain any artificial flavor or flavoring, coloring ingredient, or chemical preservative [], or any other artificial…
The Malaysian Islamic Development Department (MIDD) has reportedly ruled that hot dogs cannot be granted halal certification unless they are renamed to remove “dog” from the name. “In Islam, dogs are considered unclean and the name cannot be related to halal certification,” MIDD Director Sirajudden Suhaimee told the BBC. Pretzel franchise Auntie Anne’s was reportedly refused halal certification until it renames its “Pretzel Dog,” which Suhaimee said would more appropriately be called a “Pretzel Sausage.” Apparently determined following confusion from tourists, the ruling has been widely criticized, including by Malaysian Tourism and Culture Minister Nazri Aziz. “Even in Malay it’s called hot dog—it’s been around for so many years. I’m a Muslim and I’m not offended,” he told reporters. See BBC, October 19, 2016. Issue 620
The U.S. Department of Agriculture’s Agricultural Marketing Service (AMS) and the National Service for Animal and Plant Health, Food Safety and Quality of Mexico (SENASICA) have announced a joint Organic Compliance Committee to “ensure the integrity of organic products trade between the United States and Mexico.” With implementation of Mexico’s organic regulations slated for 2017, the two countries agreed to form a committee to achieve “equivalency in organic production and trade,” as well as enhance enforcement controls on organic products. According to an October 19, 2016, press release, the committee will “establish requirements for the use of import certificates in both countries within six months to provide verification of each shipment of organic products between the United States and Mexico.” Under the new arrangement, the committee will sample organic products for chemical residues, share the results with AMS and SENASICA, and “engage with certifiers operating in Mexico by conducting listening…
The U.S. Department of Agriculture’s Food Safety and Inspection Service (FSIS) has updated its guidelines on the documentation needed to support animal-raising labeling claims, which include “Raised Without Antibiotics,” “Organic,” “Grass-Fed,” “Free-Range” and “Raised with the use of hormones.” Among other things, the agency requires the following information to support such claims: (i) “a detailed written description explaining the controls used for ensuring that the raising claim is valid from birth to harvest or the period of raising being referenced by the claim”; (ii) “a signed and dated document describing how the animals are raised (e.g., vegetarian-fed, raised without antibiotics, grass-fed), to support that the specific claim made is truthful and not misleading”; (iii) “a written description of the product-tracing and segregation mechanism from time of slaughter or further processing through packaging and wholesale or retail distribution”; (iv) “a written description for the identification, control, and segregation of non-conforming animals…
The Humane Society of the United States (HSUS) has reportedly filed a complaint with the U.S. Federal Trade Commission (FTC) urging the agency to investigate Natural Pasteurized Eggs, producer of Davidson’s eggs, because the company allegedly keeps its “birds permanently locked in cages so tightly they can’t even spread their wings.” HSUS argues the packaging of Davidson’s eggs misleads consumers by featuring “lush open pastures, a red barn and free-roaming hens” even though those hens “never feel sunlight nor touch a blade of grass.” Further, HSUS asserts that the company “claims its process ‘eliminates the risk of Salmonella' from eggs even though caged hens are more likely to spread infection and disease.” According to the Chicago Tribune, FTC has not taken action on a complaint related to egg marketing since 1996. See HSUS Press Release and Chicago Tribune, October 14, 2016. Issue 620
A California federal court has dismissed a lawsuit alleging the U.S. Department of Agriculture (USDA) and Department of Health and Human Services (HHS) allowed the American Egg Board to unduly influence the government’s nutrition advice on dietary cholesterol. Physicians Comm. for Responsible Med. v. Vilsack, No. 16-0069 (N.D. Cal., San Francisco Div., order entered October 12, 2016). Physicians Committee for Responsible Medicine (PCRM) filed the lawsuit following a change to the 2015 Dietary Guidelines that removed the recommended limit of 300 milligrams per day of dietary cholesterol; instead, the guidelines recommended consuming “as little dietary cholesterol as possible while consuming a healthy eating pattern.” PCRM alleged that the advisory body’s analysis and recommendations were compromised by the presence of scientists who had received funding from the American Egg Board or Egg Nutrition Center. The court assessed whether it had subject matter jurisdiction to consider PCRM’s claim by examining the underlying statutes…
