Category Archives U.S. Government and Regulatory Agencies

During a U.S. Department of Agriculture-sponsored food safety education conference in Atlanta this week, government, industry and academic speakers addressed a range of issues, including the causes of food borne illness, data collection and analysis, consumer behavior, food recalls, and foodservice workforce training. Caroline Smith DeWaal, food safety director with the Center for Science in the Public Interest (CSPI), spoke during the March 23-26, 2010, event to explain that nearly half the states do a poor job of tracking outbreaks. Contending that better local and state reporting of foodborne illness outbreaks could hasten life-saving food recalls, Smith DeWaal apparently called for support of the FDA Food Safety Modernization Act, currently pending in the Senate, which would require the Food and Drug Administration (FDA) to improve the coordination of federal, state and local surveillance systems. The measure, already approved in the House, would also reportedly establish a national testing-laboratory network, improve the…

The U.S. Department of Agriculture’s Office of Inspector General (OIG) has published a March 2010 audit report recommending several improvements to the National Organic Program (NOP) administered by the Agricultural Marketing Service (AMS). “We conducted the audit because of the size and growth of the organic industry as well as the public’s increased interest in purchasing organic products,” stated the report, which faulted NOP for failing to enforce program requirements when “serious violations” occurred and for lax implementation of certification standards. In particular, OIG found that the program (i) did not resolve 19 of 41 complaints “within a reasonable timeframe”; (ii) needs to address ongoing compliance and enforcement issues with California’s State Organic Program; (iii) did not implement periodic pesticide residue testing as required by the Organic Foods Production Act of 1990 (OFPA); (iv) did not assemble a peer review panel “to annually evaluate their accreditation process”; (v) did not…

The U.S. Government Accountability Office (GAO) recently issued a report criticizing the Food and Drug Administration (FDA) for its handling of irradiated food products. In response to congressional inquiries, GAO examined current and proposed FDA labeling requirements for irradiated foods, as well as “the extent to which FDA has effectively managed the petition review process for irradiated food.” Despite efforts to bolster public acceptance of irradiated products, FDA “has not effectively managed its petition review process, which is the vehicle to potentially allow more food products to be irradiated,” according to GAO. The report describes ionizing radiation as a safe and effective process capable of eliminating “99.999 percent of E. coli 0157, Listeria and Campylobacter,” but notes that the current labeling scheme may suggest “these foods are less safe.” It also censures FDA’s failure to meet “key statutory and regulatory timeframes” for six currently active and pending food irradiation petitions.…

The U.S. Department of Agriculture (USDA) has announced an April 26-29, 2010, meeting of the National Organic Standards Board (NOSB), which makes recommendations about whether a substances should be allowed or prohibited in organic production or handling; assists in the development of organic production standards; and advises USDA on implementation of the Organic Foods Production Act. The meeting will provide an opportunity for the board to receive updates from USDA’s National Organic Program and to hear progress reports from six NOSB committees on Compliance, Accreditation and Certification; Crops; Handling; Livestock; Materials; and Policy Development. NOSB will also continue its assessment of substances on the National List of Allowed and Prohibited Substances, which identifies synthetic substances that may be used, and the nonsynthetic substances that cannot be used, in organic production and handling operations. In particular, NOSB will review (i) “the continued exemption (use) of 37 agricultural products not commercially available…

The U.S. Department of Agriculture’s Food Safety and Inspection Service (FSIS) has issued temporary labeling guidance for products that contain hydrolyzed vegetable protein (HVP) recently recalled for Salmonella contamination. As companies reformulate their products due to the recall, existing labels are likely to be out of compliance and may require temporary approval for continued use. To obtain temporary approval, companies are asked to follow the instructions highlighted on the FSIS website and submit a request to the FSIS Labeling and Program Delivery Division, which will expedite the requests marked clearly with a justification such as “HVP temporary label submission.” FSIS will grant temporary approval for any product if the HVP is removed and any replacement ingredients do not represent an allergen concern. “In situations where negative claims or nutrient content claims appear on labeling, it is critical to stipulate that all claims will continue to be met, or provide information…

The U.S. Departments of Agriculture, Education and Health and Human Services have requested public input to assist the Task Force on Childhood Obesity. President Barack Obama (D) created the task force in February 2010 to enhance coordination among private sector companies, nonprofits, government agencies, and other organizations to address the critical health issue. The task force was directed to review objectives that include (i) ensuring access to healthy, affordable food; (ii) increasing physical activity in schools and communities; (iii) providing healthier foods in schools; and (iv) empowering parents with information and tools to make good choices for themselves and their families. With these four goals in mind, the task force is seeking recommendations on the most important actions that both the public and private sectors can take, as well as strategies capable of reaching “across geographic areas and to diverse racial, ethnic, socioeconomic, and geographic groups.” In addition, comments might identify…

The Food and Drug Administration (FDA) has issued two requests for public comments regarding proposed collections of information under the Public Health Security and Bioterrorism Preparedness and Response Act of 2002. One notice involves the registration of domestic and foreign food facilities. FDA is calling on owners, operators or agents “in charge of domestic or foreign facilities that manufacture/process, pack, or hold food for human or animal consumption in the United States,” to provide comments on (i) whether FDA’s proposed information collection is necessary for the agency’s performance and the information has practical utility, (ii) the accuracy of the agency’s information collection burden estimates, (iii) ways of improving the “quality, utility, and clarity of the information to be collected,” and (iv) ways to minimize collection burdens. The second notice concerns the collection of information pertaining to prior notice of imported food. Under the Act, FDA must “receive prior notice for…

The Food and Drug Administration (FDA) has requested public comments on how the agency can increase transparency in its interactions with regulated industry. According to a March 12, 2010, FDA press release, the agency regulates products responsible for approximately 25 percent of the U.S. gross national product, as well as overseeing the industries that manufacture these items, which include foods, veterinary medicines, human drugs, and medical devices. FDA’s Internal Transparency Task Force, which already held public meetings in 2009, is developing “recommendations for making information about FDA activities and decisions more useful, understandable, and readily available, while protecting confidential information.” Representing FDA’s third and final phase of its transparency initiative, the latest request particularly seeks ideas on how the agency can (i) improve training and education for regulated industry about its regulatory process in general and about specific new requirements, (ii) strengthen the guidance development process, (iii) maintain open channels of…

The Food and Drug Administration (FDA) has reportedly met with spice industry representatives to consider ways to make spices safer amid a nationwide Salmonella outbreak linked to black and red pepper. According to a news source, FDA wants companies to prevent contamination by using one of three methods to rid spices of bacteria: irradiation, steam heating or fumigation with the pesticide ethylene oxide. The American Spice Trade Association is expected to address the issue at its annual meeting to be held April 25-28, 2010, in Naples, Florida. Although FDA does not possess authority to order manufacturers to treat their products, the agency recently reaffirmed its intention to take a closer look at spice handling “from farm to table” and to create a spice risk profile focusing on “microbiological contaminants and filth issues related to spices.” As FDA stated in a March 17, 2010, press release, this risk profile will help determine…

The U.S. Environmental Protection Agency (EPA) has submitted comments to USDA’s Animal and Plant Health Inspection Service (APHIS) indicating that it “does not object” to APHIS’s draft environmental impact statement (EIS) on genetically engineered (GE) alfalfa, prepared by court order after a successful court challenge to USDA’s decision to deregulate the bioengineered seed. Environmentalists convinced the court that APHIS erred in allowing GE alfalfa to be grown without conducting a detailed environmental review; they claimed that it would have deleterious effects on the environment and affect the livelihood of farmers who grow conventional or organic alfalfa. An injunction has been in place preventing the sale of GE alfalfa seed or its cultivation until the EIS is finalized. EPA did call for clarification to the EIS Surface Water discussion, which indicates that “glyphosate and its metabolite aminomethyphosphonate can be removed through standard water purification and disinfection processes such as ozonation and…

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