As part of a proposal to reorganize several federal agencies, the Trump administration has recommended that food-safety regulatory oversight be shifted to the U.S. Department of Agriculture (USDA), combining the agency's Food Safety and Inspection Service (FSIS) with the current food purview of the Food and Drug Administration (FDA). According to the proposal, the Government Accountability Office found that the existing approach "has caused inconsistent oversight, ineffective coordination, and inefficient use of resources" and recommends "merging Federal food safety functions as a potential solution to this fragmentation." For example, the administration suggests, "[W]hile FSIS has regulatory responsibility for the safety of liquid eggs, FDA has regulatory responsibility for the safety of eggs while they are inside of their shells; FDA regulates cheese pizza, but if there is pepperoni on top, it falls under the jurisdiction of FSIS; FDA regulates closed-faced meat sandwiches, while FSIS regulates open-faced meat sandwiches." The proposed USDA agency, the…
Category Archives U.S. Government and Regulatory Agencies
The U.S. Food and Drug Administration (FDA) has released draft guidance on intentional adulteration of the food supply. The guidance aims to help manufacturers develop and implement plans to protect their products by providing details on the components of a food defense plan, including vulnerability assessments, mitigation strategies and training requirements. Large businesses must have a plan by July 26, 2019, with enforcement dates in 2020 and 2021 for small or very small businesses. FDA also indicated that it will issue two further installments of draft guidance on intentional adulteration focusing on vulnerability assessments and corrective actions. "The likelihood of an incident at a particular facility is low, but the intentional adulteration of the U.S. food supply represents a very serious threat – one that could have devastating public health consequences," FDA Commissioner Scott Gottlieb said in a statement. "The goal of this draft guidance, in its entirety, is to…
The U.S. Food and Drug Administration will host a public meeting on cultured meat, poultry and seafood on July 12, 2018. In a press release, FDA Commissioner Scott Gottlieb asserted that the agency governs "both substances used in the manufacture of these products of animal cell culture technology and the products themselves that will be used for food" and grouped cultured meats with other "rapidly evolving areas of technological innovation" such as genetically engineered foods and microbial, algal and fungal cells generated and used as direct food ingredients. "The FDA remains committed to using our expertise in relevant scientific areas to evaluate the safety of emerging food technologies, such as foods generated by animal cell culture technology," according to Gottlieb's statement. "But as we mentioned, in addition to leveraging the existing expertise of our staff, we’re also investing in making sure we are considering all the unique attributes and challenges…
The U.S. Department of Agriculture has announced that April 2018 proposed changes to the National Poultry Improvement Plan (NPIP) will be adopted. The amendments update several provisions, including "those concerning NPIP participation, voting requirements, testing procedures, and standards."
The U.S. Food and Drug Administration has released guidance identifying eight non-digestible carbohydrates that the agency intends to add to its list of dietary fibers—including mixed plant cell wall fibers, alginate, polydextrose and resistant maltodextrin/dextrin—because the agency has "tentatively determined that they have physiological effects that are beneficial to human health." These additions "provide industry with additional clarity to update their product labels and accurately declare dietary fiber content on the Nutrition Facts and Supplement Facts labels for consumers," according to a constituent update.
The American Grassfed Association and the Organization for Competitive Markets (OCM) have filed a petition urging the U.S. Department of Agriculture (USDA) to change its policy allowing meat produced outside of the United States to be labeled as a product of the country if it passes through an agency-inspected plant. The groups call for a change to USDA's Food Safety and Inspection Service Policy Book, which allows a label to bear "Product of U.S.A." if the food is "processed" within the United States. They argue that the section should be clarified to instruct that a label can bear the phrase if "it can be determined that significant ingredients having a bearing on consumer preference such as meat, vegetables, fruits, dairy products, etc., are of domestic origin (minor ingredients such as spices and flavorings are not included). In this case, the labels should be approved with the understanding that such ingredients…
U.S. Sen. Jerry Moran (R-Kan.) and Reps. Adam Kinzinger (R-Ill.) and Kurt Schrader (D-Ore.) have introduced the Accurate Labels Act, a proposed amendment to the Fair Packaging and Labeling Act that would require information about the "chemical composition of, and radiation emitted by" a food product to be based on the "best available science." According to a press release from Moran, the bill "ensures that consumers have access to accurate and easy-to-understand product information" by (i) "[e]stablishing science-based criteria for all additional state and local labeling requirements"; (ii) "[a]llowing state-mandated product information to be provided through smartphone-enabled 'smart labels' and on websites, where consumers can find up-to-date, relevant ingredients and warnings"; and (iii) "[e]nsuring that covered product information is risk-based." "Consumers deserve full transparency on the products they’re buying, no matter where they live or shop," Kinzinger said in a statement. "Often times, due to various state laws, items are…
The U.S. Food and Drug Administration (FDA) has confirmed its 2015 decision removing partially hydrogenated oils (PHOs) from generally recognized as safe status by denying a food additive petition seeking approval for the use of PHOs in some foods. The agency also extended the June 2018 compliance date for removing PHOs from food, citing trade associations that "informed us that, due to shelf lives ranging from 3 to 24 months, a variety of products containing non-petitioned uses of PHOs will be in distribution on, and for some time after, the compliance date in the final order," according to the Federal Register announcement. For products manufactured before June 18, 2018, the enforcement date will be January 1, 2020. FDA has also extended the compliance date for the uses of PHOs in the food additive petition, including (i) use as a solvent or carrier for flavoring or coloring agents; (ii) use as a processing aid;…
The Missouri legislature has passed an agriculture bill that would prohibit companies from labeling lab-grown and plant-based products as "meat." The bill bans "misleading or deceptive practices" in the sale of meat, including "misrepresenting a product as meat that is not derived from harvested production livestock or poultry." Missouri Governor Eric Greitens must sign the bill by July 15, 2018. Similar measures have been debated at the federal level, and the U.S. Cattlemen's Association filed a petition in February 2018 urging the U.S. Department of Agriculture to establish beef labeling that would limit the use of "beef" and "meat" on products not derived from animals.
The U.S. House of Representatives has voted against the 2018 Farm Bill in a 213-198 vote. Dissenting voters apparently cited a number of issues, with some rejecting the bill's changes to the Supplemental Nutrition Assistance Program and others protesting the legislature's failure to enact unrelated immigration measures. Majority Whip Steve Scalise (R- La.) reportedly indicated that the House will vote on the bill again in late June 2018. Before the vote, Rep. Thomas Massie (R-Ky.) introduced an amendment to the bill that would have prevented federal agencies from regulating the interstate traffic of unpasteurized milk sold for human consumption. The bill was rejected 331-79.
