The U.S. Department of Agriculture (USDA) has announced the termination of a rulemaking proceeding that "proposed to establish a national research and promotion program for certified organic products under authority of the Commodity Promotion, Research and Information Act of 1996." The Organic Trade Association proposed the program in 2015, and USDA accepted comments on the proposal in 2017. "In response to the proposed rule, USDA received almost 15,000 comments," according to the announcement. "The comments revealed that there is a split within the industry in terms of support for the proposed program. While some comments voiced support for a collective industry program, other comments stated that industry was not aligned in backing the proposal. Opponents raised concerns about the proposed program, including how the de minimis level would eliminate a majority of organic farmers from the program; the disproportionate impact on high value commodities as assessments would be tied to…
Category Archives U.S. Government and Regulatory Agencies
The U.S. Food and Drug Administration (FDA) has announced the availability of "Menu Labeling: Supplemental Guidance for Industry," which includes an advisory of FDA's intent to exercise discretion regarding nutrient declarations for calories from fat. FDA has taken this position "because the current science supports a view that the type of fat is more relevant to the risk of chronic disease than the overall caloric fat intake." The guidance also addresses concerns about the implementation of nutrition labeling, includes "expanded and new examples of alternatives to aid in compliance" and details the criteria for considering natural variations in foods when determining nutritional labels.
The Agricultural Marketing Service (AMS) of the U.S. Department of Agriculture (USDA) has released the proposed National Bioengineered Food Disclosure Standard, which would establish "a mandatory uniform national standard for disclosure of information to consumers." The proposal defines “bioengineered food” as food “that contains genetic material that has been modified through in vitro recombinant deoxyribonucleic acid (DNA) techniques" "for which the modification could not otherwise be obtained through conventional breeding or found in nature.” AMS seeks comments on "how to interpret the statutory definition of 'bioengineering,' and thus the scope of the regulatory definition of 'bioengineered food,'" according to the announcement. "In particular, AMS is interested in any additional studies conducted on this issue, the cost of implementation under each policy, and whether certain policies describing the scope of foods subject to the disclosure standard would lower costs to affected entities." Comments on the proposed rule must be received by July…
The U.S. Food and Drug Administration (FDA) has extended the compliance date for its changes to food nutrition labels. The extension applies to rules on (i) providing updated nutrition labeling on food; (ii) defining a single-serving container; (iii) requiring dual-column labeling for certain containers; (iv) updating, modifying and establishing certain reference amounts customarily consumed; and (v) amending the label serving size for breath mints. The compliance date for manufacturers with $10 million or more in annual food sales is January 1, 2020, and the compliance date for manufacturers with less than $10 million in annual food sales is January 1, 2021.
The National Advertising Division (NAD) has recommended that Perdue Farms Inc. modify or discontinue broadcast and YouTube advertisements for the company’s Harvestland Organic chicken, finding the ads could mislead consumers into believing all Perdue chicken is organically raised. NAD found that the company's “Free Range” and “All-Veggie Diet” ads featured “general brand references” to Perdue but only “momentary visual references to Harvestland Organic," potentially leading consumers to conflate the two. The ads, which asserted that Perdue's chickens are"happy," also “clearly stated the general claim, ‘Perdue, raising more organic chickens than anyone in America,’” NAD noted. The board further cited a consumer-perception survey submitted by Perdue, finding that “the survey showed that substantially more respondents took away a message about the Perdue brand, generally." "NAD recommended that the advertiser discontinue the broadcast and YouTube commercials or modify them – including the YouTube description copy – to make clear that the advertising pertains…
The U.S. Department of Agriculture (USDA) has proposed amending the National List of Allowed and Prohibited Substances to approve elemental sulfur for use in organic livestock production as a topical parasiticide for fleas, ticks and mites. The proposal would also reclassify potassium acid tartrate from a non-agricultural substance to an agricultural substance and require use of the ingredient's organic form when commercially available. Public comment on the proposed rule must be received by June 29, 2018.
The U.S. Food and Drug Administration (FDA) has announced a change to the common name "brown king crabmeat," derived from Lithodes aequispinus. Effective May 3, 2018, the common and usual name for crabmeat previously described as "brown king crabmeat" has been changed to “golden king crabmeat.” The compliance date for the changes is January 1, 2020.
An organic egg producer has filed a citizen petition urging the U.S. Food and Drug Administration (FDA) to update the definition of “healthy” to be consistent with scientific evidence and the 2015-2020 Dietary Guidelines for America (DGA). Specifically, Pete and Gerry’s Organics LLC asks FDA to amend the Food, Drug and Cosmetic Act to allow eggs, as single-ingredient foods, to bear the claim “healthy” and to amend FDA enforcement guidance to permit use of the term on eggs, which contain cholesterol in excess of the current limits. The petition states that FDA’s current labeling guidelines are based on specific nutrient levels rather than overall nutritional quality of foods, while the DGA has shifted emphasis to overall dietary patterns. The 2015-2020 DGA does not suggest limiting cholesterol, based on American Heart Association and American College of Cardiology research that apparently found “no appreciable relationship between consumption of dietary cholesterol and serum cholesterol,”…
The U.S. Department of Agriculture (USDA) has announced it will reestablish the Fruit and Vegetable Advisory Committee and seeks nominations for "a diverse group of members representing a broad spectrum of persons interested in providing suggestions and ideas on how USDA can tailor its programs” to meet industry needs. The agency intends to include growers and shippers; wholesalers and distributors; brokers; processors; retail and restaurant representatives; foodservice suppliers; representatives for organic and non-organic farmers markets; food hubs; state departments of agriculture; farmers’ organizations; and trade associations. Written nominations must be postmarked on or before May 24, 2018.
The U.S. Departments of Agriculture and State are accepting comments on the subjects discussed at the 2018 Food and Agricultural Organization of the United Nations (FAO) Informal North American Regional Conference. Subjects include "agri-food trade and global food security; gender equality and the empowerment of women; agricultural innovations; and FAO's work in emergencies and emerging threats."
