Category Archives U.S. Government and Regulatory Agencies

The Food and Drug Administration (FDA) has extended the period for comments and scientific data and information on acrylamide in food as it considers industry guidance on this issue. In response to a request for a 60-day extension, FDA will accept written comments and scientific data until January 25, 2010. In its original request for comments and data published in the August 26, 2009, Federal Register, FDA described acrylamide as “a chemical that can form in some foods during certain types of high-temperature cooking,” and sought information from manufacturers on how to measure and reduce acrylamide levels in food. The agency asked responders to provide detailed feedback about: (i) techniques for acrylamide mitigation; (ii) best monitoring practices; (iii) standard practices for the delivery, storage, temperature control, reconditioning, and screening of potatoes; (iv) changes to food packaging instructions and other measures that can reduce acrylamide levels during a product’s final preparation by…

The Food and Drug Administration’s (FDA) Center for Food Safety and Applied Nutrition (CFSAN) has released a report that recommends guidelines for establishing a comprehensive food-tracing system along the entire supply chain to reduce foodborne illness. CSFAN commissioned the Institute of Food Technologists (IFT) report in 2008, and will apparently consider its findings when determining how government and industry can more quickly identify products associated with disease and remove risky products from the market. IFT, a nonprofit scientific society focused on the science of food, reportedly examined the tracing methods of 58 diverse food companies to prepare the study, which recommends (i) creating a standard list of key data to be collected at each stage of the food chain, from farm to retailer or restaurant; (ii) developing more thorough, standardized recordkeeping methods; (iii) keeping records in electronic format; (iv) requiring a third-party audit of a company’s tracking system; and (iv)…

The Food and Drug Administration (FDA) has announced its intention to delay a 2011 ban on raw oysters harvested from the Gulf of Mexico during warm weather months. FDA heard from “Gulf Coast oyster harvesters, state officials, and elected representatives from across the region about the feasibility of implementing post-harvest processing or other equivalent controls” designed to reduce illnesses from bacteria like Vibrio vulnificus. “It is clear to FDA from our discussions to date that there is a need to further examine both the process and timing for large and small oyster harvesters to gain access to processing facilities or equivalent controls in order to address this important public health goal,” stated the agency, which will conduct an independent study to assess how bacteria controls can be “feasibly implemented in the fastest, safest and most economical way.” FDA specifically noted that it will (i) continue to collaborate with the Interstate…

Responding to a request from a coalition of state attorneys general, the Food and Drug Administration (FDA) has called on the makers of alcoholic energy drinks to provide information and data showing their use of caffeine in alcoholic beverages is permissible under the law. The letter, sent to nearly 30 companies, explains what the law requires in terms of food additives: the additives must meet generally recognized as safe (GRAS) standards or be given pre-market approval by the agency. According to FDA, caffeine is GRAS only when used in cola-type beverages. The letters were issued on November 13, 2009, and the companies were given 30 days to provide the requested information. In late September, the co-chairs of the National Association of Attorneys General Youth Access to Alcohol Committee called for the agency to pull the products from the market, contending that “the combination of caffeine and alcohol in AEDs [alcoholic…

The Federal Trade Commission (FTC) has announced a December 15, 2009, public forum titled “Sizing Up Food Marketing and Childhood Obesity,” which will include panels of industry representatives, federal regulators, consumer groups, scientific researchers, and legal scholars. The forum will address (i) the progress of self-regulatory initiatives, particularly the food and entertainment industries’ responses to the 2008 FTC report, “Marketing Foods to Children and Adolescents: A Review of Industry Expenditures, Activities, and Self-Regulation”; (ii) current research on the impact of food advertising on children; and (iii) the statutory and constitutional issues surrounding governmental regulation of food marketing. In addition, representatives from FTC, the Food and Drug Administration, Centers for Disease Control and Prevention, and the Department of Agriculture will report on the status of recommended nutritional standards for foods marketed to children. See FTC Press Release, September 29, 2009.

People for the Ethical Treatment of Animals (PETA) has filed a new complaint with the Federal Trade Commission (FTC) claiming that the California Milk Advisory Board “is deliberately misleading consumers by advertising in its sales-promotion campaigns that cows on California dairy farms live in ‘comfort,’ are ‘very well cared for,’ and are ‘happy.’” According to the animal rights organization, “these statements do not stand up to even passing scrutiny.” An organization spokesperson alleges that, “conditions commonly found on California’s factory dairy farms have been scientifically proven to cause cows extreme physical pain and mental distress.” According to a news source, PETA filed a similar complaint with the FTC in 2002, but it was not resolved. PETA apparently claims that its new complaint is necessary because conditions have worsened on California dairy farms. The organization has also reportedly filed litigation over the issue, but the lawsuit was dismissed when the courts…

U.S. Senators Bill Nelson (D-Fla.) and Mary Landrieu (D-La.) have introduced legislation seeking to block a Food and Drug Administration (FDA) proposal that would prohibit the distribution of raw oysters from the Gulf of Mexico during warm-weather months. “Specifically, the legislation, which was co-sponsored by Senator David Vitter (R-La.), would prevent [FDA] from using funds to implement a ban on sales of oysters that don’t undergo a sterilization process,” according to a November, 5, 2009, press release issued by Landrieu. Slated to take effect in 2011, the FDA plan would apparently require processing for Gulf oysters harvested between April and October. The agency has pointed to the risk that raw oysters can cause fatal Vibrio vulnificus infections in people with compromised immune systems, resulting in approximately 15 deaths per year. California has already enacted similar measures that bar the sale of untreated raw Gulf oysters in the state, which has…

U.S. Senator Debbie Stabenow (D-Mich.) has reportedly introduced the Growing Safe Food Act (S. 2758) to “help educate and train farmers and food processors in food safety.” Similar to the FDA Food Safety Modernization Act (S. 510) now stalled in the U.S. House of Representatives, the Growing Safety Food Act would create “a national food safety training, education, extension, outreach and technical assistance program for agricultural producers,” including small and mid-sized farms, food processors and wholesalers. The bill also requests $50 million to administer a competitive grant program, which would assist small and mid-sized businesses in “the areas of handling practices, manufacturing, produce safety standards, risk analysis, sanitation standards, safe packaging, storage, traceability, record-keeping, and food safety audits,” according to a November 10, 2009, press released issued by Stabenow, who penned the legislation after small farmers expressed concern that the Food Safety Modernization Act would impose prohibitive inspection fees and…

The Food and Drug Administration (FDA) and U.S. Department of Agriculture’s Food Safety Inspection Service, (FSIS) will convene a joint meeting to address ways of enhancing current product tracing systems for food intended for humans and animals. FDA and FSIS reportedly intend for the December 9-10, 2009, event to stimulate ideas on improving their ability to “increase the speed and accuracy of traceback investigations and traceforward operations.” More specifically, the agencies want to “identify the source of contamination during outbreaks of foodborne illness and to improve the ability of all persons in the supply chain to more quickly identify food that is (or potentially is) contaminated and remove it from market during traceforward operations.” Public comments will be accepted until March 3, 2010. See Federal Register, November 3, 2009.

Pine nuts imported from China have reportedly left some Americans with a bitter, metallic aftertaste, prompting the Food and Drug Administration (FDA) to investigate the claims. According to a news source, FDA has received about two dozen complaints of “pine mouth” in recent months, but no illnesses have been reported. “Should the FDA find a public health hazard, then we will advise consumers accordingly,” an agency press officer said. The United States reportedly imports some 25 million pounds of pine nuts annually, 90 percent of which comes from China. A Richmond, Virginia, importer of Chinese pine nuts has scoffed at the pine mouth phenomenon, calling it an “Internet sensation” on food websites and blogs. He said he first heard reports of pine mouth a few years ago and had his product tested for heavy metals, Salmonella, yeast, and mold, but that testing revealed nothing unusual. See The Baltimore Sun, October…

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