According to the Wall Street Journal, the World Trade Organization (WTO) has decided for Canada and Mexico and against the United States in a battle over country-of-origin labeling (COOL) of meat products. The decision has reportedly been disclosed to the three governments and is expected to be made public in late September or early October, after which the United States has 60 days to appeal. Canada and Mexico argued that the COOL rules harmed them by restricting their competitiveness. In recent months, members of the food industry and of Congress have argued against the COOL requirements. Additional information appears in Issues 529 and 533 of this Update.
Category Archives Legislation, Regulations and Standards
The U.S. Department of Agriculture’s Animal and Plant Health Inspection Service (APHIS) seeks public comments on its environmental assessment of the proposed field release of a genetically engineered (GE) diamondback moth. A plant pest that feeds on cruciferous crops, such as broccoli, Brussels sprouts, cabbage, Chinese cabbage, cauliflower, collard, kale, kohlrabi, mustard, radish, turnip, and watercress, the diamondback, also known as the cabbage moth, is said to be highly fecund, capable of migrating long distances when carried by the wind and short lived. Some researchers attribute the increasing significance of the moth as a plant pest to insecticide resistance. The GE variety has been developed for “repressible female lethality and to express red fluorescence as a marker.” According to APHIS, “The purpose of the field release is to assess the feasibility and efficacy of these moths in reducing populations of non-genetically engineered diamondback moths.” Cornell University requested the permitted field…
The Department of Commerce has issued an affirmative preliminary determination in a countervailing duty (CVD) investigation of sugar imports from Mexico, and the United States is preparing to impose import duties as high as 17 percent on Mexican sugar. According to an International Trade Administration fact sheet, the CVD investigation was instituted in March 2014 after domestic sugar interests filed a petition seeking relief from “the market distorting effects caused by injurious subsidization of imports into the United States.” Beginning the first week of September, Commerce will instruct U.S. Customs and Border Protection to require cash deposits based on the preliminary subsidy rates calculated for different Mexican exporters. A final determination in the matter is scheduled for January 2015. An American Sugar Alliance spokesperson said that the August 26, 2014, determination “validates our claim that the flood of Mexican sugar, which is harming America’s sugar producers and workers, is subsidized…
U.S. Food and Drug Administration (FDA) researchers recently presented dietary exposure assessments for 4-methylimidazole (4-MEI) at the 248th American Chemical Society (ACS) National Meeting held August 10-14, 2014, in San Francisco. Contributing to FDA’s review of available toxicological data for 4-MEI found in Class III and IV Caramel colors produced using ammonium compounds, the scientists analyzed 4-MEI levels of caramel-containing foods and beverages using liquid chromatography-tandem mass spectrometry, then relied on intake data from the National Health and Nutrition Examination Survey (NHANES) to estimate dietary exposure levels for the following U.S. population groups: (i) “the U.S. population aged 2 years or more”; (ii) “infants (< 1 year old)”; (iii) “children aged 1 year”; (iv) “children aged 2-5 years”; (v) “children aged 6-12 years”; and (vi) “teenage boys aged 12-18 years.” According to the presentation poster, the caramel-containing food categories contributing more than 1 percent “to the cumulative dietary exposure to 4-MEI…
Discussing the expedited approval process for food additives that took effect 17 years ago, U.S. Food and Drug Administration (FDA) Deputy Commissioner for Food Michael Taylor recently told Washington Post reporter Kimberly Kindy that the agency does not have “the information to vouch for the safety of many of these chemicals.” According to the August 17, 2014, article, the number of additives in the food supply has increased to 9,000 from 800 over a 50-year span, in part because a voluntary certification system dependent on industry safety data has eclipsed FDA’s independent review process. Under the Generally Recognized as Safe (GRAS) scheme, companies need only submit a summary of their safety research to FDA, shortening time to approval even for new and novel food additives. In particular, the Post highlights how a mycoprotein marketed as “Quorn” achieved GRAS status despite one undisclosed study allegedly showing that 5 percent of test…
In its October 2014 issue, Consumer Reports will publish an analysis of the U.S. Food and Drug Administration’s (FDA’s) data that supported the agency’s recommendations for fish intake by pregnant women and children, released jointly as draft guidance with the U.S. Environmental Protection Agency (EPA) in June 2014. The magazine compiled a list of low-mercury—including haddock, trout, catfish, and crab—and lowest-mercury fish—including shrimp, tilapia, oysters, and wild and Alaska salmon—and detailed the amounts considered safe for consumption for young children and women of childbearing age. The guide includes more conservative advice than the draft guidance from FDA and EPA, such as recommending that most women and young children avoid marlin and orange roughy in addition to the listed swordfish, shark, king mackerel, and gulf tilefish. The magazine cites Deborah Rice, co-author of the EPA document that established the current limit on methylmercury consumption as 0.1 microgram per kilogram of body weight…
The U.S. Public Interest Research Group (PIRG) Education Fund has published a white paper titled “Ending the Overuse of Antibiotics in Livestock Production: The Case for Reform.” Contending that the use of antibiotics in healthy animals to accelerate their growth or “prevent disease caused by unhealthy and unsanitary conditions” has accelerated the development of antibiotic-resistant bacteria, the paper calls on the U.S. Food and Drug Administration (FDA) to act immediately to restrict the use of antibiotics in livestock production. According to the consumer-interest group’s paper, the U.S. Centers for Disease Control and Prevention has found that some 2 million Americans are sickened each year by drug-resistant bacteria, and of those, 23,000 die. The paper also states that more than “70% of antibiotics in classes used in human medicine are sold for use in food animals.” FDA data reportedly indicate that in 2011, 29.9 million pounds of antibiotics were sold in the…
Shook attorneys Ann Havelka and Ryan Farnsworth have authored an August 18, 2014, Law360 article detailing “the first major overhaul of the nation’s poultry inspection system in nearly 60 years.” Describing the voluntary and mandatory aspects of the final rule issued by the U.S. Department of Agriculture’s Food Safety and Inspection Service (FSIS), the article provides an overview of the regulations most likely to affect industry as the onus for inspection shifts from government agencies to business operators. FSIS officially published the final rule in the August 20, 2014, edition of the Federal Register. Additional information about the regulations appears in Issue 532 of this Update. Issue 535
Russia has relaxed its food ban against the European Union by clarifying that it will allow imports of salmon and trout hatchlings, potato and onion seed, sugar maize hybrid and peas for planting, lactose-free milk, flavor additives, and food fibers. The move follows criticism from within the country on the effects the import prohibitions would have on Russians, and according to the Moscow Times, it will also ease the bans’ burden on neighboring Finland. To soften the effects on the markets for fruits and vegetables for the rest of Europe, the European Union has set aside €125 million to compensate producers for keeping several of their perishable products off the market to avoid a price collapse. Further information on Russia’s food bans appears in Issue 533 of this Update. See CNN, August 18, 2014, and Moscow Times, August 21, 2014. Within Russia, consumer protection agency Rospotrebnadzor has introduced fines—between 20,000 and…
The People’s Republic of China Ministry of Agriculture has reportedly failed to renew the biosafety permits for two research programs growing genetically modified (GM) corn and rice, raising concerns about the future of GMO production in China. According to media sources, the Agriculture Ministry has not yet authorized any GMOs for public consumption and decided to discontinue further research after a state TV report allegedly identified illegal GM rice varieties in markets located near Huazhong Agricultural University, which was developing Bacillus thuringiensis (Bt) rice. Although Greenpeace representatives and other stakeholders apparently cited public opinion as the motivation behind the announcement, Chinese Academy of Sciences’ Center for Chinese Agricultural Policy Director Huang Jikun suggested that the self-sufficiency of the domestic rice market has made the commercialization of Bt rice unnecessary. In addition, critics of the ministry’s decision have questioned whether the debate over GMO safety has taken a political bent. As…
