FDA has issued the first two new regulations under the Food Safety Modernization Act. Effective July 3, 2011, the interim final rules are designed to strengthen FDA’s ability to help prevent potentially unsafe food from reaching U.S. consumers. The first rule amends FDA regulations concerning the detention of food for human or animal consumption. It allows the agency to detain food it believes has been produced under unsanitary or unsafe conditions or is adulterated or misbranded. Previously, the agency was able to detain food products only when it had “credible evidence that a food product presented was contaminated or mislabeled in a way that presented a threat of serious adverse health consequences or death to humans or animals,” FDA said in a May 4 press release. Now the agency can detain questionable food from the marketplace for up to 30 days while it determines if enforcement action such as seizure…
Category Archives U.S. Government and Regulatory Agencies
The U.S. Department of Agriculture (USDA) has launched an Internet mapping tool that locates “food deserts” in the country. Designed to help policy makers, community planners and researchers bring nutritious food to low-income communities that lack accessibility to grocery stores, the Food Desert Locator is part of first lady Michele Obama’s initiative addressing the childhood obesity epidemic. “With this and other Web tools, USDA is continuing to support federal government efforts to present complex sets of data in creative, accessible online formats,” Agriculture Secretary Tom Vilsack was quoted as saying. See USDA Press Release, May 2, 2011.
The U.S. Department of Agriculture’s Animal and Plant Health Inspection Services (APHIS) will hold meetings in four states “to provide an opportunity for stakeholders to offer their input on a new framework being developed for the bovine tuberculosis and brucellosis programs in the United States.” The May 19, 2011, meeting will be held in Lansing, Michigan; the May 24 meeting will be held in Atlanta, Georgia; the June 1 meeting will be held in Bozeman, Montana; and the June 6 meeting will be held in Amarillo, Texas. The agenda includes discussion of topics included in a draft regulatory framework developed by federal, state and tribal governments, involving such matters as herd management and epidemiological investigations, animal importation, indemnity, and approval of diagnostic tests and laboratories. Written comments on meeting topics are requested by June 20. See Federal Register, May 6, 2011.
The National Organic Program (NOP) has announced the availability of four final guidance documents to help accredited certifying agents and certified operations comply with NOP regulations. Titled “Compost and Vermicompost in Organic Crop Production (NOP 5021),” “Wild Crop Harvesting (NOP 5022),’’ ‘‘Commingling and Contamination Prevention in Organic Production and Handling (NOP 5025),’’ and ‘‘The Use of Chlorine Materials in Organic Production and Handling (NOP 5026),’’ the documents are also “intended to inform the public of NOP’s current thinking on these topics.” See Federal Register, May 6, 2011.
The U.S. Department of Agriculture’s (USDA’s) Food Safety and Inspection Service (FSIS) has published a final rule establishing a new voluntary cooperative program that will permit state-inspected establishments with fewer than 25 employees “to ship meat and poultry products in interstate commerce.” Under the program, which will be administered by state inspectors, selected establishments must comply with all standards under the Federal Meat Inspection Act and Poultry Products Inspection Act to receive the official USDA mark of inspection necessary for interstate commerce. Effective July 1, 2011, the final rule considers approximately 90 separate comments submitted in response to the September 2009 proposed version. “Allowing these state-inspected establishments to ship their products across state lines has the potential to expand rural development and jobs, increase local tax bases, strengthen rural communities, and ensure that food is safe for consumers,” said FSIS Administrator Al Almanza in an April 19, 2011, press release.…
The U.S. Department of Agriculture’s (UDSA’s) Agricultural Marketing Service (AMS) has issued a proposed rule that would establish a voluntary National Leafy Green Marketing Agreement (NLGMA) “to regulate the handling of leafy green vegetables, including but limited to lettuce, spinach, and cabbage.” According to AMS, the proposed agreement would “authorize the development and implementation of production and handling regulations (audit metrics)” to reflect USDA’s Good Handling Practices, as well as the Food and Drug Administration’s Good Agricultural Practices and Good Manufacturing Practices. AMS has requested comments and written exceptions to the proposed rule by July 28, 2011. The voluntary NLGMA would cover both domestic and imported leafy green vegetables, with signatories agreeing to only handle products that meet program requirements. It is evidently modeled after a similar marketing agreement pioneered by California growers, who in 2006 faced a widespread E. coli outbreak linked to fresh spinach, and also takes into account…
The U.S. Government Accountability Office (GAO) has issued a report recommending how the U.S. Department of Agriculture (USDA) could improve the safety of school meals purchased through its commodities program. The report recommends that USDA instruct the commodity program to (i) “develop a systematic and transparent process to determine whether foods offered by the program require more-stringent specifications related to microbial contamination, including steps to: identify pathogens, strains of pathogens, or other foods that merit more stringent-specifications; document the scientific basis used to develop the specifications; and review the specifications on a periodic basis”; and (ii) “share information with school districts in a more explicit form regarding the foods covered by more-stringent purchasing specifications related to microbial contamination to enable districts to make more informed choices.”
A federal court has reportedly approved a $760 million government settlement with Native American farmers and ranchers who claimed that the U.S. Department of Agriculture (USDA) discriminated against them by denying them equal access to credit through the agency’s Farm Loan Program. Keepseagle v. Vilsack, No. 99-03119 (D.D.C., settlement approved April 28, 2011). A final dispute over attorney’s fees was resolve in class counsel’s favor; they will receive 8 percent of the settlement, or $60.8 million. The Department of Justice apparently urged the court to halve that amount. According to a news source, the settlement funds do not require legislative action to be awarded; farmers must file their claims by December 2011. President Barack Obama (D) said, “Today’s approval of the settlement will help strengthen our nation to nation relationship with Indian Country and reinforce the idea that all citizens have a right to be treated fairly by their government.” Under…
The Food and Drug Administration (FDA) has announced the availability of updated safety standard guidelines for the seafood industry. The 476-page document “supports and complements FDA’s regulations for the safe and sanitary processing and importing of fish and fishery products using hazard analysis and critical control point (HACCP) methods” required of commercial seafood processors. The revised guidance provides current information on (i) “potential hazards associated with the known commercial species of vertebrate and invertebrate seafood,” (ii) “potential hazards associated with certain processing operations,” (iii) “HACCP strategies that may be used to control the potential hazards,” and (iv) “other information related to food safety.” See Federal Register, April 28, 2011.
The Federal Trade Commission (FTC) has released its proposed voluntary principles for marketing food to children in an effort to encourage “stronger and more meaningful self-regulation by the food industry.” Designed by an FTC-led interagency working group with input from the Food and Drug Administration, Centers for Disease Control and Prevention and U.S. Department of Agriculture, the guidelines seek “to improve the nutritional profiles of foods marketed directly to children ages 2-17 and to tap into the power of advertising and marketing to support healthful choices.” To this end, the preliminary standards would require that, by 2016, all products marketed to this age group (i) “make a meaningful contribution to a healthful diet” and (ii) “contain limited amounts of nutrients that have a negative impact on health or weight (saturated fats, trans fat, added sugars, and sodium).” To meet the first principle, marketed foods must feature “at least one of…
