Category Archives Legislation, Regulations and Standards

The Center for Science in the Public Interest (CSPI) has called on the U.S. Food and Drug Administration (FDA) to require labeling on foods containing synthetic food dyes such as FD&C Green 3 and FD&C Blue 2. CSPI’s latest move follows its January 2016 publication of a report critical of FDA’s inattention to food dyes and pointing to studies allegedly linking food-dye consumption to behavioral issues in children, particularly those with Attention Deficit/Hyperactivity Disorder (ADHD). The health advocacy group’s proposed labeling would state: “WARNING: This food contains synthetic food colorings that may impair the behavior of some children.” “As long as dyes are permitted, only a warning label will provide consumers with the appropriate information to enable them to make the association between foods containing those dyes and their children’s behavioral symptoms,” CSPI said in its March 15, 2016, letter to FDA. “The FDA has mandated such labeling in the…

U.S. Sens. Barbara Boxer (D-Calif.), Dianne Feinstein (D-Calif.) and Kirsten Gillibrand (D-N.Y.) have written a March 14, 2016, letter requesting that the U.S. Department of Agriculture (USDA) and U.S. Environmental Protection Agency (EPA) act on recommendations contained in a Government Accountability Office (GAO) report on bee health. Summarizing federal initiatives designed to improve bee health and protect pollinator populations, the report calls on USDA to “coordinate with other agencies to develop a plan to monitor wild, native bees, and evaluate gaps in staff expertise in conservation practices.” In particular, GAO recommends that USDA redouble its efforts with the White House Pollinator Health Task Force to “develop a mechanism, such as a federal monitoring plan, that would (1) establish roles and responsibilities of lead and support agencies, (2) establish shared outcomes and goals, and (3) obtain input from relevant stakeholders, such as states.” According to the report, USDA should also update…

The U.S. Food and Drug Administration (FDA) has announced that two rules requiring calorie information to be listed on menus and menu boards in chain restaurants will not be enforced December 1, 2016, as initially planned, but will instead be delayed until one year after final guidance is issued. The announcement credits the omnibus appropriations bill enacted December 18, 2015, as cause for the delay. The agency is currently reviewing comments about related draft guidance issued in September 2015. See FDA Statement, March 9, 2016.   Issue 597

The U.S. Food and Drug Administration has issued guidance titled “Acrylamide in Foods” that finalizes a November 2013 draft on the topic. The document provides information about reducing acrylamide in potato-based, cereal-based and other foods as well as information to provide consumers on cooking packaged frozen french fries. See Federal Register, March 11, 2016.   Issue 597

The founder of Midamar, an export company charged with fraud for sending “halal” meat to Malaysia that failed to meet halal slaughtering standards, has reportedly been sentenced to two years in federal prison and ordered to pay $60,000 in fines and $184,983 in disgorgement. Midamar was fined $20,000 and ordered to forfeit $600,000. A U.S. Department of Agriculture investigation revealed that William Aossey, Jr. instructed his employees at Midamar to change the application forms to indicate the meat had been produced at a Malaysia-approved facility instead of Midamar’s unapproved supplier. Aossey was convicted of making false statements on export applications, selling misbranded meat and committing wire and mail fraud in July 2015. The court cited Aossey’s advanced age and lack of criminal history to lower his sentence from the guideline sentencing range of 87-108 months. Aossey’s sons, Jalel and Yahya, have also been convicted of similar charges and will be…

Two cheese companies and an executive from a third company have pleaded guilty to charges relating to the manufacture and sale of adulterated and misbranded Parmesan cheese products. The companies, Universal Cheese & Drying, Inc. and International Packing, LLC, were charged with conspiracy to introduce misbranded cheese products into interstate commerce and to commit money laundering, while Michelle Myrter, an executive at Castle Cheese Co., pleaded guilty to a misdemeanor count of aiding and abetting the introduction of misbranded cheese. “The Department of Justice prosecutes people and companies who introduce adulterated or misbranded food into interstate commerce,” U.S. Attorney David Hickton said in a February 26, 2016, press release. “In this case, the fraud was perpetrated on consumers who purchased Parmesan and Romano cheeses that were inferior to what they believed they were buying.” Additional details about the Castle case and the ensuing media attention about the cellulose content in…

The European Food Safety Authority (EFSA) has launched a website and blog “dedicated to its work on bee health.” Dubbed the #EFSA- 4Bees campaign, the new site is part of the agency’s MUST-B project, a collaborative venture among researchers, data analysts and regulators “with the ultimate goal of developing a software tool that can assess the combined threat posed to bee colonies in their natural environment by parasites, infectious agents, pesticides and other stressors.” To start, the MUST-B project will hold a roundtable at an upcoming scientific workshop to identify research topics that could receive funding under the European Commission’s Horizon 2020 program. “Round the table will be representatives of the European Commission’s directorategenerals for Agriculture, Health and Food Safety, and Research and Innovation; members of bee research projects funded by the European Commission, such as Smartbees, Swarmonitor and Alarm; and colleagues from the U.S. Environmental Protection Agency, the Animal…

The Canadian Standing Senate Committee on Social Affairs, Science and Technology has issued a “groundbreaking” report on obesity that calls for a tax on sugar- and artificially-sweetened beverages as well as a ban on advertising food and drink to children. Titled Obesity in Canada: A Whole-of-Society Approach for a Healthier Canada, the March 2016 report also recommends, among other things, (i) “a National Campaign to Combat Obesity,” (ii) “a complete revision of Canada’s food guide to better reflect scientific evidence,” (iii) “a review of nutrition food labelling to make it easier to understand,” and (iv) “a plan for making healthy food more affordable.” “Canada’s dated food guide is no longer effective in providing nutritional guidance to Canadians. Fruit juice, for instance, is presented as a healthy item when it is little more than a soft drink without the bubbles,” notes the report, which summarizes expert testimony given before the committee…

A Maine federal court has granted the U.S. Department of Justice (DOJ) a permanent injunction against Mill Stream Corp., a seafood company that allegedly failed to take measures preventing the formation and growth of Clostridium botulinum, the cause of botulism, or Listeria monocytogenes, the cause of listeriosis. U.S. v. Mill Stream Corp., No. 16-0080 (D. Me., order entered February 12, 2016). The injunction prevents the company and its employees from processing or distributing food produced at Mill Stream’s facilities or by its owner until several conditions have been satisfied, including: (i) retention of an independent laboratory to test for Listeria, (ii) development of Hazard Analysis and Critical Control Point plans by an independent expert, (iii) implementation of such plans, (iv) completion of additional employee training, and (v) approval to reopen by the U.S. Food and Drug Administration (FDA). “The failure to plan for and control the presence of bacteria and neurotoxins…

The U.S. Department of Agriculture’s (USDA’s) Agricultural Marketing Service has completed the 2016 sunset process for five synthetic and two non-synthetic (natural) substances on the National List of Allowed and Prohibited Substances that governs the use of synthetic and nonsynthetic substances in organic production, processing and handling. Per the National Organic Standards Board’s recommendations, AMS has renewed approvals for the following synthetic substances used in organic crop production: (i) ferric phosphate for use as slug bait; and (ii) hydrogen chloride for delinting cotton seed for planting. It has also renewed approvals for the following non-agricultural ingredients used in or on organic products: (i) L-malic acid; (ii) any food grade bacteria, fungi, and other microorganism; (iii) activated charcoal from vegetative sources, for use only as a filtering aid; (iv) peracetic acid/peroxyacetic acid when used in wash and/or rinse water according to Food and Drug Administration limitations, for use as a sanitizer…

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