USDA is asking the pork industry to decide whether to hold a referendum on the Pork Checkoff Program, a mandatory promotion fund overseen by the National Pork Board and the USDA Agricultural Marketing Service. The agency’s request for referendum gives pork producers and importers between December 8 and January 2, 2009, to vote in favor of a referendum on the program. “If 15 percent of the total number of eligible producers and importers want a referendum on the Pork Checkoff Program, the referendum will be conducted within one year after the results for the Request for Referendum are announced,” stated USDA, which issued the request in accordance with the settlement agreement stemming from a 2001 lawsuit initiated by the Michigan Pork Producers Association. Meanwhile, the U.S. Food Policy Blog has urged the pork industry to back the referendum, in part because the checkoff program is “an ineffective way of increasing…
Category Archives U.S. Government and Regulatory Agencies
Food activist Marion Nestle reports in her “What to Eat” blog that the USDA’s National Organic Standards Board has approved a rule to allow “farmed carnivorous fish to eat meal and oil derived from sustainably wild-caught fish.” The board’s decision means that wild fish cannot be classified as organic, but farm-raised fish can be considered organic even if they eat fish meal made with wild fish. Citing Food Chemical News, Nestle notes that the board also approved the use of open net pens in organic aquaculture with restrictions to prevent farmed fish from escaping and the recycling of nutrients. “Net pens would only be allowed in specified areas to avoid lice contamination.” Consumers Union reportedly criticized the proposal at a press conference held before the board meeting at which the vote was taken, focusing on the use of “net cages,” which purportedly allow waste and disease from fish farms to…
FDA has reportedly opened the first of several overseas offices in Beijing, China, where eight U.S. officials described as “inspectors and senior technical experts in foods, medicines and medical devices” will work with Chinese regulators to improve export safety. FDA plans to launch two additional branches in Shanghai and Guangzhou, as well as expand its presence in India and Latin America. The agency will also train and certify third-party inspectors to ensure the safety of products bound for the U.S. market. FDA has lately come under fire for failing to “[keep] pace with the growing number of food firms,” according to the U.S. Government Accountability Office, which said federal regulators have “little assurance that companies comply with food-labeling laws and regulations.” Furthermore, China’s reputation has suffered both domestically and abroad as reports of melamine-tainted infant formula and agricultural products continue to surface. “We're opening up a new era, not just new…
FDA’s Center for Food Safety and Applied Nutrition (CFSAN) will conduct a roundtable discussion with stakeholders on December 12, 2008, and is tentatively scheduled to “communicate FDA’s nutrition activities” and provide status updates on functional foods, health claims, evidence-based review guides, Critical Path Project on Biomarkers for Use in Health Claims, front-of-pack labeling, and sodium status, among other matters. According to CFSAN, the format will consist of a panel of experts led by the agency’s director, with remarks from David Acheson, FDA Associate Commissioner, and a question and answer session. See CFSAN Constituent Update, November 7, 2008.
The USDA’s Animal and Plant Health Inspection Service has issued a correction to a proposed rule regarding the “importation, interstate movement and release into the environment of certain genetically engineered [GE] organisms.” Where the October 9, 2008, notice indicated that the rule would preempt “no State or local laws or regulations,” the correction substitutes “All State and local laws or regulations that are inconsistent with this rule will be preempted.” Comments on the entire proposal must be submitted on or before November 24, 2008. The original proposal represents the “first comprehensive review and revision of the regulations since they were established in 1987,” bringing the rules “into alignment with provisions of the Plant Protection Act” and updating the rules “in response to advances in genetic science and technology.” Among the changes proposed are provisions to revise the rules’ scope “to make it clear that decisions regarding which organisms are regulated…
The USDA has issued a proposed rule that will amend the livestock provisions of the National Organic Program by providing greater detail about pasture and ruminant animals and “clarify the replacement animal provision for dairy animals.” Comments must be submitted on or before December 23, 2008. The Federal Register notice provides a history of the rule’s development and summarizes the content of the thousands of comments the agency received on an advanced notice of proposed rulemaking published in 2006. According to the agency, “[s]upport for strict standards and greater detail on the role of pasture in organic livestock production was nearly unanimous with just 28 of the over 80,500 comments opposing changes to the pasture requirements.” Among the changes are (i) defining “crop” to include pastures, sod and cover crops; (ii) defining “livestock” as “Any bee, cattle, sheep, goats, swine, poultry, equine animals used for food or in the production…
Whole Foods Market, Inc., which is currently litigating the FTC’s challenge to its merger with Wild Oats Markets, has submitted comments on the commission’s proposed merger rule changes and is urging others to join its “Ad Hoc Committee for FTC Fair Play” to do so as well. Apparently, the FTC will allow comments for only 30 days, which Whole Foods characterizes as “unusually short,” and has proposed (i) setting evidentiary hearings five months from the date of the complaint in merger cases, regardless of complexity, (ii) giving the commission the authority to decide “all dispositive pre-hearing motions,” (iii) giving the commission or an individual commissioner the authority to preside over discovery, and (iv) providing that “the norm should be that the Part 3 case can proceed even if a [federal] court denies preliminary relief.” Whole Foods contends, “The proposed regulatory changes collectively will create an antitrust double standard by exacerbating…
The U.S. Department of Agriculture (USDA) and Food and Drug Administration (FDA) have announced a November 4, 2008, public meeting to consider agenda items coming before the 17th Session of the Codex Alimentarius Committee on Food Import and Export Inspection and Certification Systems (CCFICS). Slated for November 24-28 in Cebu, Philippines, the Codex session will address (i) the proposed draft “Principles and Guidelines for the Conduct of Foreign On-Site Audits and Inspections;” (ii) the proposed draft “General Model Health Certificate;” and (iii) the annex to the “Guidelines for Design, Production, Insurance and Use of Generic Official Certificates.” In addition, the committee will discuss “the need for guidance for national food inspection systems, the need for further guidance on traceability and product tracing, and the development of guidance on the prevention of international contamination of food,” according to USDA. Codex was formed in 1963 by the United Nations, the Food and…
A subcommittee of FDA’s Science Board has released its peer review of the agency’s draft assessment of bisphenol A (or BPA) for use in food contact applications. The FDA’s draft assessment concluded, on the basis of industry-funded studies, that “an adequate margin of safety exists for BPA at current levels of exposure from food contact uses.” Further information about the draft assessment appears in issue 272 of this Update. According to the peer review, scheduled to be reviewed by FDA’s Science Board on October 31, 2008, the FDA properly focused on dietary exposures to children, “because they are likely to have both greater exposures and susceptibility than adults as a function of food consumption patterns, metabolism, vulnerability of developing systems and other factors.” The peer review then criticizes the agency’s assessment for its lack of “an adequate number of infant formula samples” and reliance “on mean values rather than accounting…
The FTC has appointed Acting Chief Administrative Law Judge D. Michael Chappell to oversee the antitrust hearing in the commission’s case against the 2007 merger of Whole Foods Market, Inc. and Wild Oats Markets, Inc. The administrative hearing is scheduled to begin February 17, 2009. FTC Commissioner J. Thomas Rosch presided over the scheduling conference in September 2008, and a news source indicated that Whole Foods objected to the possibility that he would be appointed to hear the matter. In its October 20 order, FTC notes that the FTC chair and commissioners, including Rosch, “are committed, subject to the bounds of reasonableness and fairness, to a just and expeditious resolution of any potential appeal from an Initial Decision filed by the Administrative Law Judge in this matter that may be taken to the full Commission.” The administrative proceedings are separate from collateral proceedings pursued in federal court. Further details about…
