Category Archives Legislation, Regulations and Standards

The European Food Safety Authority’s (EFSA’s) Panel on Food Contact Materials, Enzymes, Flavorings and Processing Aids (CEF) has issued a scientific opinion finding that bisphenol A (BPA) poses “no health concern for any age group from dietary exposure or aggregated exposure.” Published January 21, 2015, the scientific opinion assessed exposure in three ways: (i) “external (by diet, drinking water, inhalation, and dermal contact to cosmetics and thermal paper”; (ii) “internal exposure to total BPA (absorbed dose of BPA, sum of conjugated and unconjugated BPA)”; and (iii) “aggregated (from diet, dust, cosmetics and thermal paper), expressed as oral human equivalent dose (HED) referring to unconjugated BPA only.” Using new data and methodologies, EFSA previously established a temporary tolerable daily intake (t-TDI) for BPA at 4 micrograms per kilogram of body weight per day, from 50 µg/kg bw/day. This latest scientific opinion confirms that the highest estimates for human exposure to BPA…

State legislators in Wisconsin and Illinois have proposed bills that would ban the sale and distribution of powdered alcohol, which may enter the market in spring 2015 under the brand name Palcohol. Sen. Tim Carpenter (D-Milwaukee), who proposed the Wisconsin legislation, reportedly compared the product to the synthetic hallucinogenic drug known as “bath salts,” which the state approved if they were labeled “not for human consumption” before banning them in 2011. He also apparently expressed concern that people could snort powdered alcohol, sneak it into classrooms and sporting events, or mistake it for another powder and ingest it accidentally. Illinois State Sen. Ira Silverstein (D-Chicago) proposed a similar measure as an amendment to the state’s existing Liquor Control Act of 1934, noting that his “public safety bill” would combat “people spiking beverages.” Similar legislation is also pending in Ohio, Colorado, Nebraska, Utah, and Indiana. Further details about powdered alcohol bans…

The U.S. Department of Agriculture (USDA) has proposed new standards that aim to reduce Salmonella and Campylobacter in “the poultry items that Americans most often purchase,” including ground chicken and turkey products as well as raw chicken breasts, legs and wings, according to Agriculture Secretary Tom Vilsack. The proposed standards would require routine sampling throughout the year rather than infrequent sampling on consecutive days, and the allowed amounts of Salmonella in chicken parts, ground chicken and ground turkey would be lowered substantially. A USDA press release notes that the Food Safety and Inspection Service implemented standards for whole chickens in 1996, but “has since learned that Salmonella levels increase as chicken is further processed into parts.” See USDA News Release, January 21, 2015.   Issue 552

The U.S. Federal Trade Commission (FTC) is soliciting comments on proposed amendments to the Fair Packaging and Labeling Act (FPLA). The 1967 law requires that certain products carry labels with identifying information such as the source, content and quantity and specifically excludes—among other categories—meat products, poultry and alcohol beverages. FTC sought comments on the existing rules in March 2014 and used some of the suggested changes in the proposed amendments, which include (i) “modernizing the place-of-business listing requirement to incorporate online resources”; (ii) “eliminating obsolete references to commodities advertised using the terms ‘cents off,’ ‘introductory offer,’ and ‘economy size’”; and (iii) incorporating “a more comprehensive metric chart.” Comments must be received by March 30, 2015. See FTC News Release, January 22, 2015.   Issue 552

Sens. Edward Markey (D-Mass.), Dick Durbin (D-Ill.) and Richard Blumenthal (D-Conn.) have released a report asserting that while 12 of 16 companies that responded to a series of questions from the lawmakers have made progress in reducing marketing and promotion activities targeting children younger than age 12 and children in K-12 school settings, they have failed to voluntarily eliminate such efforts geared toward teenagers (ages 13-18). “Despite energy drink makers’ claims of not marketing their products to teenagers, a quick glance at social media or a drop by at a local concert shows that those claims just aren’t based in fact,” Senator Durbin was quoted as saying. “The truth is that in the absence of federal regulation, energy drink companies are using effective marketing tactics to reach young people—and sadly it’s working. It is past time for this industry to heed the advice of public health experts across the country…

Confirming a December 2014 “hand-shake” agreement, the European Parliament has reportedly approved a law giving member states the authority to regulate the cultivation of genetically modified organisms (GMOs) within their borders. Until the new rules take effect in spring 2015, EU member states can limit cultivation of approved GMOs only if they present new evidence to the European Food Safety Authority that demonstrates the crop is not safe for consumption. The new rules allow member states to prohibit GMO growth and cultivation on several grounds, including “town and country planning requirements, socio-economic impact, avoiding the unintended presence of GMOs in other products and farm policy objectives.” The legislation also creates a procedure allowing a GMO crop company to consent to proposed restrictions to avoid a unilateral ban on its product. Additional information about the 2014 political agreement appears in Issue 548 of this Update. See European Parliament Press Release, January 13,…

The World Trade Organization’s (WTO’s) Appellate Body has affirmed its August 2013 decision condemning Argentina’s broad trade-related restrictions affecting a variety of goods and food products. In one case that the WTO considered, Argentine government officials approved an agreement with a firm that imported Porsche vehicles that would require the company to offset the imports by exporting the same value of wine and olive products each year; in another, Pirelli was required to export $100 million worth of honey to import its tires. The Argentine Secretary of Domestic Trade also apparently limited the 2012 importation of finished ham products, especially those from Spain and Italy, to 80 percent of the amount imported the previous year. Affected goods also included clothing, medicine, technology products, and Bibles. “The United States welcomes the WTO’s findings in this dispute,” U.S. Trade Representative Michael Frohman said in a statement. “Argentina’s protectionist measures impact a broad…

The European Food Safety Authority (ESFA) has opened a public consultation on a draft scientific opinion finding that “single doses of caffeine up to 200 mg and daily intakes of up to 400 mg do not raise safety concerns for adults.” Authored by EFSA’s Nutrition Unit, the draft opinion also concludes that (i) “it is unlikely that caffeine interacts adversely with other constituents of ‘energy drinks’—such as taurine and D-glucurono-γ-lactone—or alcohol”; (ii) “for pregnant women, caffeine intakes of up to 200mg a day do not raise safety concerns for the fetus”; (iii) “for children (3-10 years) and adolescents (10-18 years), daily intakes of 3mg per kg of body weight are considered safe”; and (iv) “single doses of 100mg may increase sleep latency (the amount of time it takes to fall asleep) and shorten sleeping time in some adults.” EFSA has requested comments by March 15, 2015. See EFSA News Release,…

The U.S. Department of Agriculture’s Office of the Under Secretary for Food Safety and the Food and Drug Administration have announced a February 17, 2015, public meeting in College Park, Maryland, to discuss draft U.S. positions for consideration during the 47th Session of the Codex Committee on Food Additives slated for March 23-27 in Xi’an, China. Agenda items at the February meeting include (i) provisions of food category 14.2.3 “grape wines” and its sub-categories; (ii) potentially replacing Note 161 with an alternative regarding provisions for sweeteners; (iii) the commercial use of potassium diacetate; and (iv) a proposal revising food category 01.1 “milk and dairy based drinks” and its sub-categories. See Federal Register, January 14, 2015.   Issue 551

The U.S. Department of Agriculture’s Agriculture Marketing Service has extended until February 17, 2015, the comment period for a proposed rule that would expand assessment exemptions for commodity promotion activities “to cover all ‘organic’ and ‘100 percent organic’ products certified under the National Organic Program regardless of whether the person requesting the exemption also produces, handles, or imports conventional or nonorganic products.” Under the current rule, the exemption applies only to those who exclusively produce and market products certified as 100 percent organic. Additional details about the original notice appear in Issue 549 of this Update. See Federal Register, January 15, 2015.   Issue 551

Close