Category Archives U.S. Government and Regulatory Agencies

The U.S. Environmental Protection Agency (EPA) has affirmed its previous opinions finding that "there are no risks to public health when glyphosate is used in accordance with its current label and that glyphosate is not a carcinogen." “EPA has found no risks to public health from the current registered uses of glyphosate,” EPA Administrator Andrew Wheeler said in a press release. “Today’s proposed action includes new management measures that will help farmers use glyphosate in the most effective and efficient way possible, including pollinator protections. We look forward to input from farmers and other stakeholders to ensure that the draft management measures are workable, realistic, and effective.” Meanwhile, the New York legislature has passed a ban on chlorpyrifos that would take effect January 1, 2020. After that date, aerial application of the pesticide would be prohibited; after January 1, 2021, all use of the pesticide would be prohibited except for…

The U.S. Food and Drug Administration (FDA) has issued draft guidance allowing food manufacturers to exclude allulose when calculating the amount of added sugars a product contains. Allulose is "approximately 70 percent as sweet as sucrose," according to a comment FDA received, and "does not have the metabolic properties of fructose or other sugars and does not contribute calories or raise blood sugar levels like other sugars." FDA has proposed to "exercise enforcement discretion for the exclusion of allulose from the amount of 'Total Sugars' and 'Added Sugars' declared on the label and the use of a general factor of 0.4 calories per gram for allulose when determining 'Calories' on the Nutrition and Supplement Facts labels pending review of the issues in a rulemaking." Comments on the draft guidance will be accepted until June 17, 2019.

The U.S. Food and Drug Administration (FDA) has issued draft guidance on initiating voluntary recalls of food and other agency-regulated products. The guidance discusses (i) "what preparations firms in a distribution chain, including manufacturers and distributors, should consider making to establish recall initiation procedures"; (ii) "preparations firm in the distribution channel should consider making to ensure timely responses to a recall communication"; and (iii) "how FDA assists firms with carrying out their recall responsibilities to protect the public health from distributed products in violation of the Federal Food, Drug, and Cosmetic Act (FD&C Act) and other laws administered by the FDA." Comments on the draft guidance will be accepted until June 24, 2019.

The U.S. Food and Drug Administration's Food Safety and Inspection Service (FSIS) has issued a press release responding to The Washington Post's reporting on an impending change to pork plant inspections. "FSIS is appalled at The Washington Post’s poor attempt at explaining a proposal to modernize inspection," the press release states. "The Post’s decision to continue to parrot arguments that are devoid of factual and scientific evidence only serves to further the personal agenda of special interest groups that have nothing to do with ensuring food safety. Despite FSIS spending countless hours responding to The Post and providing clarification about the proposed rule, The Post chose to ignore the information and went with an already formed opinion and headline." FSIS argues that the article was "deliberately misleading" on several points and lists 11 rebuttals for statements made in the Post article, including the assertion that the pork industry "soon will…

The U.S. Food and Drug Administration has announced that inspections for compliance with a rule aiming to mitigate the risk of intentional adulteration (IA) will begin in March 2020. The rule, which "is designed to address hazards that may be intentionally introduced to foods, including by acts of terrorism, with the intent to cause wide-spread harm to public health," requires "the food industry to implement risk-reducing strategies for processes in food facilities that are significantly vulnerable to intentional adulteration." "To allow industry time with the forthcoming materials, tools, and trainings, and because the IA rule represents new regulatory territory for all of us, we will be starting routine IA rule inspections in March 2020," the agency announced.

The U.S. Department of Agriculture will accept comments on proposed changes to the National Poultry Improvement Plan (NPIP) Program Standards until May 13, 2019. Changes include an amended testing protocol for Mycoplasma, amended Salmonella isolation procedures and updated cleaning and disinfecting procedures.

The U.S. Department of Agriculture has announced an April 9, 2019, public meeting to receive comments on the United States' positions for the Codex Committee on Food Labelling meeting to be held in Canada in May 2019. Among the announced topics are (i) "Proposed draft Guidance for the Labelling of Non-Retail Containers"; (ii) "Proposed draft Guidelines of Front-of-Pack Nutrition Labelling"; (iii) "Innovation—use of technology in food labelling"; (iv) "Labelling of alcoholic beverages"; and (v) "Criteria for the definition of 'high in' nutritional descriptors for fats, sugars, and sodium."

The U.S. Food and Drug Administration has announced an April 25, 2019, public webinar about "genome editing in animals, an innovative and rapidly evolving technology that offers significant public health benefits." The webinar will focus on "current scientific evidence, promising uses of this technology in animals, and the potential risks." FDA intends the webinar to help "those using genome editing to develop animals with genomic alterations," but registration is open to the public.

The U.S. Department of Agriculture (USDA) has announced that it will accept nominations for five vacancies on the National Organic Standards Board (NOSB). Each position on the board is categorized under the Organic Foods Production Act. USDA will accept nominations for: "One individual with expertise in areas of environmental protection and resource conservation"; "one individual who owns or operates an organic farming operation or employees of such individuals"; "one individual who owns or operates a retail establishment with significant trade in organic products or an employee of such individuals"; and "two individuals who own or operate an organic handling operation or employees of such individuals." The chosen candidates will serve on the NOSB from January 24, 2020, to January 23, 2025. Nominations will be accepted until May 20, 2019.

The U.S. Food and Drug Administration (FDA) has deactivated an import alert that prevented the introduction of genetically engineered (GE) salmon into interstate commerce. The agency's statement indicates that it placed the ban in 2016 with the intention of lifting it when standards for labeling GE food were finalized. With the implementation of the National Bioengineered Food Disclosure Standard in late 2018, the authority to regulate GE food shifted to the U.S. Department of Agriculture (USDA), according to the statement, so the import ban deactivation will remove barriers for USDA regulation. "With the deactivation of the import alert, AquAdvantage Salmon eggs can now be imported to the company’s contained grow-out facility in Indiana to be raised into salmon for food. As was determined during the FDA’s 2015 review, this fish is safe to eat, the genetic construct added to the fish’s genome is safe for the animal, and the manufacturer’s…

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