The U.S. Department of Agriculture’s (USDA’s) Food Safety and Inspection Service is convening a September 25, 2014, public meeting in Washington, D.C., to receive public comments about draft positions to be discussed at the 21st Session of the Codex Committee on Food Import and Export Inspection and Certification Systems of the Codex Alimentarius Commission in Brisbane, Australia, on October 13-17. Issues on the September 25 meeting agenda include (i) a discussion paper on Principles and Guidelines for Monitoring Regulatory Performance of National Food Control Systems and (ii) draft amendments to Guidelines for the Exchange of Information between Countries on Rejections of Imported Food. USDA and the Food and Drug Administration have a public meeting slated for October 23 in Washington, D.C., to provide information and receive public comments about draft positions to be discussed at the 46th Session of the Codex Committee on Food Hygiene in Lima, Peru, on November…
Category Archives Legislation, Regulations and Standards
The U.S. Department of Agriculture’s (USDA’s) Agricultural Marketing Service has requested comments “on how a Federal standard of identity for honey would be in the interest of consumers, the honey industry, and U.S. agriculture.” Noting that the Food and Drug Administration in 2011 rejected an industry-backed citizens petition seeking such a standard, USDA as charged by the 2014 Farm Bill will produce a report examining the issue, “including any current industry amendments or clarifications necessary to update the petition.” In particular, USDA points to the existence of several standards for the inspection and grading of honey, including state-level schemes designed to prevent product adulteration. “While some are following the 2006 honey industry petition and using an amended version of the Codex Standard for Honey, CODEX standard 12-1981, Rev. 2 (2001), variations in the state standards of identity for honey are inevitable,” concludes the agency, which will accept comments until September…
The U.S. Food and Drug Administration (FDA) recently issued a consumer update warning that the lupin (or lupine) legume could cause allergic reactions in susceptible individuals, especially those with existing peanut allergies. According to FDA, the use of lupin-derived ingredients has increased in recent years because they are used in gluten-free products as a substitute for other flours. “Although lupin is a food staple for many Europeans—who may be more aware of its allergenic properties and are accustomed to seeing it listed as a food ingredient—it is relatively new to the U.S. market,” notes FDA, which “is actively monitoring complaints of lupin allergies.” To this end, the agency has asked consumers and healthcare professionals to report lupin-related adverse events through the FDA reporting system. See FDA Consumer Update, August 15, 2014. Issue 535
Following similar decisions from courts across the country, two California federal courts have delayed final rulings in cases accusing Kashi and Trader Joe’s of mislabeling their products by using the term “evaporated cane juice” (ECJ) in their ingredient lists rather than simply “sugar,” which the plaintiffs allege is the same substance. Gitson v. Trader Joe’s Co., No. 13-1333 (N.D. Cal., order entered August 7, 2014); Saubers v. Kashi Co., No. 13-899 (S.D. Cal., order entered August 11, 2014). In the proposed class action against Kashi, the plaintiffs accused the Kellogg-owned company of “misbranding” more than 75 different food products by listing ECJ instead of sugar on its labels to conceal its inclusion in the foods. The court found that the plaintiffs’ claims relied “heavily, if not entirely, on the premise that the [U.S. Food and Drug Administration (FDA)] has concluded that ‘evaporated cane juice’ is not the common or usual name…
The U.S. Department of Agriculture’s (USDA’s) Food Safety and Inspection Service (FSIS) has announced plans to implement “new traceback procedures when FSIS or another agency finds raw ground beef or bench trim presumptive positive for Escherichia coli O157:H7.” Under the new system, which takes effect October 14, 2014, the agency will ask suppliers to recall products that test positive for E. coli O157:H7 later in the supply chain if FSIS or another agency determines that contamination most likely occurred at the supplier’s establishment and if the product in question was sent to other grinding facilities. As explained in an August 13, 2013, press release, these new procedures “will allow the agency to trace contaminated ground beef back to its source more quickly, remove it from commerce, and find the root cause of the incident to prevent it from recurring.” To this end, FSIS will begin traceback investigations as soon as it…
The U.S. Food and Drug Administration (FDA) has amended food additive regulations pertaining to the safe use of vitamin D3 in response to a petition from Abbott Laboratories. The company requested that FDA approve use of the fat-soluble hormone “as a nutrient supplement at levels not to exceed 500 IUs per 240 mL in meal replacement beverages that are not intended for special dietary use in reducing or maintaining body weight and that are represented for use such that that the total amount of vitamin D3 provided by the product does not exceed 1,000 IU per day, and at levels not to exceed 1.0 IU per kilocalorie in food represented for use as a sole source of nutrition for enteral feeding.” Objections to FDA’s approval of Abbott’s petition or requests for a hearing must be filed by September 11, 2014. See Federal Register, August 12, 2014. Issue 534
The U.S. Food and Drug Administration (FDA) has released an executive report summarizing the data collected by the National Antimicrobial Resistance Monitoring System (NARMS) since 1996. Implemented by FDA, the Centers for Disease Control and Prevention, and the U.S. Department of Agriculture, NARMS tracks antibiotic resistance in foodborne bacteria, focusing on antibiotics “that are considered important to human health as well as multidrug resistance [MDR]” to three or more antibiotic classes. According to an August 11, 2014, news release, FDA identified “positive and negative trends in antimicrobial resistance in bacteria isolated from humans, retail meats and food animals.” For non-typhoidal Salmonella, which showed no resistance in 85 percent of samples isolated from humans, the report found that “MDR among humans, slaughtered chicken and slaughtered swine was the lowest [in 2011] since testing began,” though “MDR Salmonella from retail poultry meats generally increased.” NARMS also concluded that “erythromycin resistance in Campylobacter jejuni…
The D.C. Circuit Court of Appeals has vacated a panel’s March 28, 2014, denial of the motion for preliminary judgment filed by meat producer interests in litigation challenging U.S. Department of Agriculture (USDA) regulations requiring retailers of “muscle cuts” of meat to list the countries of origin and production (country-of-origin labeling, or COOL) as to each step of production—born, raised or slaughtered. Am. Meat Inst. v. USDA, No. 13-5281 (D.C. Cir., order entered April 4, 2014). Additional information about the March 28 decision appears in Issue 518 of this Update. A court majority voted to rehear the case before the full court on May 19 and ordered the parties to brief a supplemental issue: “Whether, under the First Amendment, judicial review of mandatory disclosure of ‘purely factual and uncontroversial’ commercial information, compelled for reasons other than preventing deception, can properly proceed under Zauderer v. Office of Disciplinary Counsel, 471 U.S. 626, 651…
The U.S. Department of Agriculture’s (USDA’s) Agricultural Marketing Service (AMS) has proposed revisions to the U.S. Standards for Grades of Maple Sirup in response to a 2011 petition submitted by the International Maple Syrup Institute (IMSI). Arguing that “consumers currently face a patchwork of grading systems in the United States that are confusing,” IMSI has reportedly asked AMS to implement new standards under which “the grade of a sample unit of maple syrup would be determined using the factors of color, flavor, odor, damage, and turbidity (cloudiness).” In addition to changing the spelling of “sirup” to the more common “syrup,” the agency would recategorize Grade B syrup “containing no damage or off-flavors” as Grade A “to allow the darker syrup to be sold at the retail level.” The revised standards would further divide Grade A into the following flavor and color classes: (i) U.S. Grade A Golden (delicate taste, ≥75.0…
The U.K. Advertising Standards Authority (ASA) has dismissed complaints challenging print and TV advertisements that tout Tesco-brand milk as fairly priced and responsibly sourced. In particular, the complaints alleged that (i) “the image of cows in an open field did not accurately represent how the milk was produced or the conditions in which the cows lived” and (ii) only a small proportion of Tesco’s milk was sourced through the Tesco Sustainable Dairy Group (TSDG). According to ASA, Tesco countered that all of its core milk suppliers must meet industry Red Tractor standards as well as Tesco’s own Livestock Code of Practice, which focuses on food safety, environmental indicators and “welfare outcome measures such as lameness, mastitis, fertility, and animal health.” The retailer also reiterated that core farmers with TSDG “supplied approximately 80% of Tesco’s total milk requirements over the course of the year,” while seasonal farmers provided additional milk during…
