The U.S. Food and Drug Administration (FDA) has announced an amendment to food additive regulations to provide for the use of formic acid and ammonium formate in animal feed and drinking water. Taking effect November 13, 2017, the amendment limits formic acid and salts to 1.2 percent in complete feeds. FDA will accept comments or requests for a hearing until December 13, 2017.
Category Archives U.S. Government and Regulatory Agencies
In accordance with an August 2017 announcement, the U.S. Food and Drug Administration (FDA) has released supplemental draft guidance on menu-labeling requirements to address concerns raised by restaurant franchisees, grocery and convenience stores that sell “grab-and-go” food, and others affected by the rule, which is scheduled to take effect in 2018. The guidance provides details on: (i) criteria for covered establishments; (ii) distinctions between menus and marketing materials; (iii) various methods for calculating and disclosing calorie information; (iv) seasonal or special menu items; (v) compliance; and (vi) enforcement. The labeling requirements apply to restaurants or food retailers that are part of a chain of 20 or more locations doing business under the same name and offering substantially similar menu items. Among the non-binding recommendations for labeling include placement of signs “adjacent to, and clearly associated with” the food for sale or on signs attached to sneeze guards; establishments can also…
More than 80 agricultural trade and advocacy groups have sent a letter to the White House requesting immediate action to implement the Farmer Fair Practices Rules, which would allow farmers to take legal action against foreign and multinational corporate entities to challenge anti-competition practices and contracts to produce livestock and poultry. The U.S. Department of Agriculture previously announced it would not implement the rules, which had been in development since 2010 and were scheduled to take effect April 19, 2017. Signatories include farmer and rancher groups, dairy producers and organic producer associations as well as Food & Water Watch, Friends of the Earth, Slow Food USA and the Union of Concerned Scientists.
The Scottish Government is seeking public comment on a consultation that proposes actions to improve diet and reduce obesity in Scotland. The government previously announced funding of more than $55 million over five years to limit the marketing of food high in fat, sugar and salt and provide weight-loss support for people with type 2 diabetes. The consultation, which is open through January 31, 2018, asks questions about promotions and marketing, “out of home” or restaurant eating, labeling, product reformulation and taxes on sugar-sweetened beverages or similar products. Scotland is also considering proposals to limit “junk food” advertising and provide support for small and mid-sized food manufacturers to reformulate and develop healthier products.
The National Organic Standards Board (NOSB) has reportedly voted to continue allowing food grown in water-based nutrient solutions to be labeled "organic," rejecting a challenge brought by organic-food producers. The board will also allow aquaponics, which combine hydroponic systems with farmed fishing operations, but will prevent products grown with aeroponics—plants suspended in air with the roots exposed—from carrying the "organic" label. The 8-7 vote was reportedly criticized by farmers who argue that some of the benefits of organic farming are its effects on the ecosystem, while hydroponics separates plants from their natural habitats.
The U.S. Food and Drug Administration (FDA) is proposing to revoke an authorized health claim linking consumption of soy protein to reduction of the risk of heart disease. FDA first authorized the claim in 1999 after concluding that evidence supported the proposition that soy protein lowered low-density lipoprotein (LDL) cholesterol. The agency states that although “some evidence continues to suggest a relationship,” studies published since 1999 have presented findings inconsistent with the health claim and that the “totality of currently available scientific evidence calls into question the certainty of this relationship.” Other possible benefits of soy consumption will not be affected by the proposed rule. If the claim is revoked, FDA says it will allow the use of a qualified health claim, which requires a lower standard of scientific evidence and would allow the industry to use qualifying language explaining the limited evidence of the link between soy and heart…
The U.S. Department of Agriculture (USDA) has announced that it will take no further action to implement the Farmer Fair Practices Rules, which were reportedly created to allow farmers the power to sue corporate entities with whom they had contracted to produce livestock and poultry. In April 2017, USDA announced a delay of the effective date until October 19, 2017, to allow time for further consideration of comments. On October 18, USDA announced that it will not implement the rules because of concerns over potential increases in litigation, vagueness of the draft rules’ language, possible conflicts of law and executive branch directions to use the least burdensome regulations possible. Following USDA's announcement, U.S. Sens. Charles Grassley (R-Iowa) and Jon Tester (D-Mont.) sent a letter to Secretary of Agriculture Sonny Perdue stating that they “vehemently disagree with the decision” because their constituents believe that the current practices of multinational agribusiness corporations,…
The U.S. Food and Drug Administration (FDA) has sent a warning letter to Snyder’s-Lance, Inc. about the iron content of its Lance Toast Chee Crackers. The letter indicates that FDA conducted surveillance sampling purportedly showing that the company’s single-serve cracker packages contained about half of the “10% Daily Value for iron” listed on the product label. The original sample showed 51.7 percent of the amount claimed and the “check” sample showed 57.2 percent, according to the letter. Levels below 80 percent of the amount declared on the label violate federal law, FDA stated. In addition, the bar code “was intervening with” the nutrition label, and the label did not declare the street address of the firm as required unless it appears in a city or telephone directory.
Fifth Generation, Inc. will reportedly discontinue advertising asserting that its Tito's Handmade Vodka scored higher in taste tests than four of its competitors. Absolut Spirits Co. challenged the advertising claims before the National Advertising Division (NAD), arguing that the tests were completed before 2010 and are therefore outdated. Further, Absolut argued, the challenged ads implied that the taste tests occurred as comparisons between the five brands rather than five independent tests that were not conducted concurrently. In lieu of offering substantiation, Fifth Generation opted to permanently and voluntarily discontinue the claims.
The U.S. Food and Drug Administration (FDA) has proposed an additional extension for compliance with the menu labeling rules required by the Affordable Care Act. Under the proposed rule, the current compliance deadline of July 26, 2018, would be extended to January 1, 2020, for manufacturers with $10 million or more in annual food sales; for manufacturers with less than that amount, the date would be extended to January 1, 2021.
