Category Archives U.S. Government and Regulatory Agencies

The Farm Foundation recently hosted a public forum titled “The Future of Food Safety Regulation” to discuss agricultural, food and rural policies designed to revamp the current regulatory system. Held April 7, 2009, at the National Press Club, the forum featured a panel of experts that included Jim Hodges of the American Meat Institute, Carol Tucker Foreman of the Consumer Federation of America’s Food Policy Institute; Scott Horsfall of the California Leafy Greens Marketing Agreement; and Margaret Glavin, an independent consultant and former Food and Drug Administration (FDA) official. Glavin reportedly identified the global food market as “the single biggest challenge” facing U.S. agencies and recommended modernizing laws to promote a uniform approach to food safety. Noting the high cost of legislative proposals that would create one umbrella agency, Glavin instead argued for increased FDA funding and the authority to enforce import requirements and conduct overseas inspections. “Our regulations and…

The Food and Drug Administration (FDA) has announced that U.S. marshals executed an inspection warrant at Westco Fruit and Nuts, Inc., in Irvington, New Jersey, after the company refused to recall its peanut products or provide access to distribution documents in the wake of the Salmonella outbreak involving peanuts from the Peanut Corp. of America (PCA). An FDA spokesperson said, “FDA’s enforcement action against Westco Fruit and Nuts is an appropriate step toward removing potentially harmful products from the marketplace, especially when, as in this case, a company is unwilling to share information FDA needs to ensure food safety. FDA uses all appropriate legal means necessary to obtain information and fully investigate firms or individuals who put the health of consumers at risk.” Apparently, Westco purchased oil-roasted and salted peanuts from PCA in November and December 2008. It sold them in various sizes and packages and used them as an…

The Food and Drug Administration (FDA) has proposed delaying for 60 days a final rule titled “Substances Prohibited From Use in Animal Food or Feed,” which establishes “measures to further strengthen existing safeguards against bovine spongiform encephalopathy (BSE).” Scheduled to take effect April 27, 2009, the rule includes provisions that prohibit the rendering of spinal cords and brains from cows older than 30 months. Industry groups have reportedly requested additional time to arrange for alternative disposal methods, prompting the agency to consider pushing back the implementation date to June 26. FDA will accept comments on the proposed delay until April 16, 2009. See Federal Register, April 9, 2009.

The Food and Drug Administration (FDA) has announced a public meeting slated for May 1, 2009, in College Park, Maryland, to discuss the economically motivated adulteration of foods and drugs, which the agency defines as the “fraudulent, intentional substitution or addition of a substance in a product for the purpose of increasing the apparent value of the product or reducing the cost of its production, i.e., for economic gain.” FDA is seeking public input on how the food, drug, medical device, and cosmetic industries, regulatory agencies and other stakeholders “can better predict and prevent economically motivated adulteration with a focus on situations that pose the greatest public health risk.” The agency will accept written or electronic comments until August 1, 2009. See Federal Register, April 6, 2009.

The Obama administration has reportedly issued a tough warning that it will substantially change the way government oversees food safety. According to published reports, food-handling practices that formerly would have resulted in mild warnings from FDA may now lead to wide-ranging and expensive recalls.“ The food industry needs to be on notice that FDA is going to be much more proactive and move things faster,” David Acheson, FDA associate commissioner for food protection, was quoted as saying. “We’re going to try to stop people from getting sick in the first place, as opposed to waiting until we have illness and death before we take action.” Meanwhile, the Centers for Disease Control and Prevention (CDC) issued a report April 9 claiming the nation’s food safety system needs a thorough overhaul and that even though cases of Salmonella may be increasing, their incidence is not statistically significant. The system should be overhauled,…

The U.S. Department of Agriculture’s (USDA) Animal and Plant Health Inspection Service has amended swine health protection rules to clarify that regulations regarding the treatment of garbage consisting of industrially processed materials are subject to the same treatment requirements of other regulated garbage except for materials that meet the definition of “processed product.” The action ensures that garbage fed to swine has been treated to inactivate disease organisms that pose a risk to the U.S. swine industry. Comments must be received by June 2, 2009. See Federal Register, April 3, 2009.

In this publication of the Food and Drug Law Institute, Bruce Silverglade examines his belief that the Food and Drug Administration (FDA) should play a significant role in advancing President Obama’s “prevention” agenda. “The Administration should reinvigorate FDA’s nutrition mission and the agency should be instructed to develop and implement a series of initiatives that would help Americans improve their diets and protect their health,” writes Silverglade, who is director of legal affairs for the Center for Science in the Public Interest in Washington, D.C. He outlines ways the government could facilitate improvements in diet and health, including product reformulation, food labeling, universal symbols to communicate nutritional content, and food marketing to children The government, Silverglade writes, “has an important role in mitigating the toxic food environment created by the food manufacturers and restaurant chains promoting huge servings of soft drinks, snacks and ‘value’ meals that are literally penny-wise and…

The Food and Drug Administration (FDA) has warned consumers to avoid eating all pistachio and pistachio-containing products after a California-based processor issued a voluntary recall for its entire 2008 crop due to suspected Salmonella contamination. Meanwhile, the agency has praised Kraft Foods Inc. for demonstrating how the country should handle food safety issues. Kraft voluntarily notified FDA after one of its suppliers, Georgia Nut Co., discovered Salmonella on its pistachios during routine testing and traced the tainted products to Setton Pistachio of Terra Bella, Inc, the nation’s second-largest pistachio processor. “You can call it a fluke, you can call it good luck, or you can call it good judgment on the part of Kraft,” David Acheson, FDA’s associate commissioner on food safety, was quoted as saying. “They’re not required to tell us. They did and we’re moving on it.” See Foodproductiondaily.com, March 31 and April 3, 2009; The Associated Press, April 2,…

The U.S. Department of Agriculture (USDA) recently updated its news information services by establishing RSS feeds and Twitter accounts for some of its major divisions, including the Food Safety and Inspection Service (FSIS), National Agriculture Statistics Service (NASS) and Cooperative State Research, Education and Extension Service (CSREES). The department has joined several other government agencies in revamping its media outreach efforts, responding in part to the availability of new social networking sites in which a wide spectrum of consumers, interested citizens and industry stakeholders are participating. In what the White House web blog has described as “a smart match,” FSIS has thus far used its Twitter account to “tweet” about recalled products, the importance of food safety precautions during natural disasters and newly available resources. See Meatingplace.com, March 30, 2009.

The Agricultural Research Service has requested nominations for individuals to serve two-year terms on the U.S. Department of Agriculture (USDA) Advisory Committee on Biotechnology and 21st Century Agriculture. The committee is charged with examining the long-term impacts of biotechnology on the U.S. food and agriculture system. A minimum of 12 committee slots need to be filled, including the chairperson’s. Written nominations must be received by fax or postmarked on or before April 29, 2009. See Federal Register, March 30, 2009.

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