Category Archives Legislation, Regulations and Standards

California Assembly Member Mike Gatto (D-Glendale) has introduced a bill (A.B. 14) that would require the labeling of food grown using recycled or treated water from oil and gas field activities. “No one expects their lettuce to contain heavy chemicals from fracking wastewater,” Gatto said. “Studies show a high possibility that recycled oil field wastewater may still contain dangerous chemicals, even after treatment.” The proposed label would state: “Produced using recycled or treated oilfield wastewater.” See Press Release of Assembly Member Mike Gatto, August 17, 2015.   Issue 576

U.S. Sens. Dianne Feinstein (D-Calif.), Kirsten Gillibrand (D-N.Y.) and Elizabeth Warren (D-Mass.) have authored an August 17, 2015, letter expressing concern that the U.S. Department of Health and Human Services, U.S. Department of Agriculture and U.S. Department of Defense have not yet responded to an executive order establishing a Presidential Advisory Council on Combatting Antibiotic-Resistant Bacteria. According to the letter, which claims that food animal production accounts for 75 percent of “medically important antibiotics sold each year,” the appointed agencies have failed to provide a formal response or approve nominations for advisory council members. In particular, the senators ask that the final council include at least three experts from outside the food industry. “As noted in our December 2014 letter, representatives from industrial animal producers associations and the veterinary drug industry have publically voiced doubts about the need to reduce antibiotic use in animals and about the impact that the…

The U.S. Food and Drug Administration (FDA) has published a July 31, 2015, warning letter targeting the use of whole stevia leaf in food and beverages. Issued to Ten Ren Tea Co. of San Francisco, Ltd., the letter claims that tea products containing “Stevia leaf, tea bag cut” are adulterated under the Federal Food, Drug, and Cosmetic Act “because they bear or contain an unsafe food additive.” “Any substance added to a conventional food, such as your Ten Ren Chrysanthemum Tea and Hibiscus Spice Tea, must be used in accordance with a food additive regulation, unless the substance is the subject of a prior sanction or is generally recognized as safe (GRAS) among qualified experts for its use in foods [21 CFR 170.30(g)],” notes the agency, which has only permitted highly-refined stevia preparations in specific applications. “[W]e are not aware of any basis to conclude that Stevia leaf is GRAS…

The U.S. Department of Agriculture’s Office of the Under Secretary for Food Safety, National Oceanic and Atmospheric Administration and the U.S. Food and Drug Administration have announced a September 24, 2015, public meeting in College Park, Maryland, to discuss draft U.S. positions for consideration at the 34th Session of the Codex Committee on Fish and Fishery Products (CCFFP) slated for October 19-24 in Alesund, Norway. The CCFFP develops global standards for fresh, frozen (including quick frozen) or otherwise processed fish, crustaceans and molluscs. Agenda items at the September gathering will include draft codes of practice for processing of fish sauce and processing of fresh and quick-frozen raw scallops as well as proposed food additive provisions in standards for fish and fishery products. See Federal Register, July 30, 2015.   Issue 575

The U.S. Department of Agriculture (USDA) is soliciting nominations for five open slots on the National Genetic Resources Advisory Council (NRGAC), a subcommittee of the National Agricultural Research, Extension, Education, and Economics Advisory Board. NRGAC members are charged with recommending policies for collecting, maintaining and utilizing genetic resources as well as considering approaches for their conservation. The agency is specifically looking for three candidates with scientific backgrounds (i.e., agricultural sciences, environmental sciences, natural resource sciences, health sciences, nutritional sciences) and two candidates representing the general public. The deadline for nominations is August 28, 2015. See Federal Register, August 10, 2015.   Issue 575

The National Toxicology Program’s (NTP’s) Office of Health Assessment and Translation is inviting information submissions about ongoing studies or upcoming publications targeting evidence of an association between exposures to perfluorooctanoic acid (PFOA) or perfluorooctane sulfonate (PFOS) and immunotoxicity to assist in the preparation of a monograph on the topic. PFOA and PFOS are chemical compounds that have been widely used in commercial and industrial applications, including food packaging and water-resistant coatings. NTP is also seeking scientists with expertise in areas such as epidemiology, immunotoxicology and biostatistics to serve on an ad hoc panel to peer review the draft monograph. Information submissions and nominations of scientific experts are due by September 30, 2015. See Federal Register, August 14, 2015.   Issue 575

U.K. Prime Minister David Cameron has announced new measures added to the Modern Slavery Act, which took effect on July 31, 2015, that will require global companies to publish an annual slavery and human trafficking statement. The added provisions, which take effect in October, affect companies with a turnover of ₤36 million or more that conduct business within the United Kingdom. “This measure is one of the first of its kind in the world and it will be a huge step forward, introducing greater accountability on business for the condition of their supply chains,” Cameron was quoted as saying in a July 29 press release.   Issue 574

In response to a petition for administrative rulemaking filed by the Center for Environmental Health, the California Environmental Protection Agency’s Office of Environmental Health Hazard Assessment (OEHHA) has announced its intention to update the existing maximum allowable dose level (MADL) for lead. The agency will post a notice for hearing on the petition on October 9, 2015, in Sacramento. In particular, the petition claims that the current MADL for lead—0.5 micrograms per day—“is too high to protect Californians from the well-established reproductive effects of lead that do and can occur at levels below 500 micrograms per day.” Faulting the courts for allowing defendants in enforcement actions “to average lead exposures over time,” CEH also alleges that the existing regulation “has been interpreted to allow lead exposures of up to 7 micrograms a day.” Based on the evidence provided in its petition, the organization has asked OEHHA to repeal or amend…

The Grocery Manufacturers Association (GMA) has petitioned the U.S. Food and Drug Administration (FDA) “to approve specific low-level uses of partially hydrogenated oil (PHOs) in food products.” According to an August 5, 2015, press release, the petition seeks approval to use PHOs for color, flavor and texture when “important for the production of safe food products.” Because FDA revoked the generally recognized as safe (GRAS) status of trans fats on July 16, 2015, food manufacturers must now ask the agency to approve the ingredient for specific purposes. “Our food additive petition shows that the presence of trans fat from the proposed low-level uses of PHOs is as safe as the naturally occurring trans fat present in the normal diet,” said GMA Chief Science Officer Leon Bruner. “It’s important to know that food and beverage companies have already voluntarily lowered the amount of trans fat added to food products by more…

The U.S. Food and Drug Administration (FDA) has issued guidance for industry about the agency’s “current thinking regarding the use of nanomaterials or the application of nanotechnology in food for animals.” According to FDA, the recommendations are intended to assist industry and other stakeholders identify potential safety or regulatory status issues. See Federal Register, August 5, 2015.   Issue 574

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