The Government Accountability Office (GAO) recently issued a report finding that the U.S. Department of Agriculture’s (USDA’s) Food Safety and Inspection Service (FSIS) did not adequately evaluate the impact of proposed poultry and hog inspection changes that would replace some USDA inspectors on slaughter lines with plant personnel tasked with ensuring quality and safety standards. According to the report, USDA implemented several pilot projects at poultry and hog processing plants over the past decade but ultimately failed to gather enough data to assess the effectiveness of these new systems. Nevertheless, the agency has since proposed an optional inspection scheme for both poultry and hog operations “based on its experience with the pilot projects at young chicken and young turkey plants.” Asked to review these pilot projects by Sen. Kirsten Gillibrand (D-N.Y.), GAO determined that the proposed changes would give production plants more flexibility and responsibility while allowing inspectors to focus…
Category Archives U.S. Government and Regulatory Agencies
According to a news source, the federal court that heard a challenge to the U.S. Department of Agriculture’s (USDA’s) revision to its country-of-origin labeling (COOL) rules to comply with a World Trade Organization ruling stated during the hearing that it would issue a decision on the plaintiffs’ request for a preliminary injunction within 14 days. Am. Meat Inst. v. USDA, No. 13-1033 (D.D.C., oral argument held August 27, 2013). Additional information about a dispute that has split trade associations representing different parts of the meat production industry appears in issues 490 and 495 of this Update. The organizations seeking the injunction reportedly argued that “[t]his is a regulation the agency concedes is a de minimis benefit . . . for a de maximus cost.” They contend that the new rules violate their First Amendment rights and could put them out of business. A USDA attorney apparently argued that the new…
The U.S. Department of Agriculture’s (USDA’s) Food Safety and Inspection Service (FSIS) has issued a request for comments regarding changes to its procedure for Salmonella verification sampling of raw beef products. Among other things, FSIS stated that it will (i) begin “analyzing for Salmonella all raw beef samples that it collects for Shiga toxin-producing Escherichia coli (STEC) analysis,” including all raw ground beef, beef manufacturing trimmings, bench trim, and other raw ground beef components; (ii) increase the raw ground beef sample used for Salmonella analysis from 25 grams to 325 grams; and (iii) discontinue Salmonella sampling set procedures in ground beef products, except in those establishments that exceeded the standard for Salmonella in their most recent tests. FSIS intends to use the results from its verification sampling program to develop new Salmonella performance standards for ground beef products and to estimate Salmonella prevalence in raw ground beef and trimmings. Comments will be accepted…
U.S. Rep. Rosa DeLauro (D-Conn.) has sent an August 23, 2013, letter to U.S. Department of Agriculture (USDA) Under Secretary for Food Safety Elisabeth Hagen about “the ongoing problems with the Public Health Information System (PHIS) used by the Food Safety [and] Inspection Service (FSIS).” Citing reports that PHIS recently experienced a system-wide shutdown that lasted three days and allowed “millions of pounds of meat products” to leave processing plants without being tested for E. coli, DeLauro has asked USDA to provide a record of similar major incidents as well as an “analysis of the problems with the system, the impact on food safety and steps being taken to remedy these problems, including those related to software and connectivity.” She has also asked for details about the parameters of the PHIS contract “that ensure long-term solutions are made to issues that arise in the system,” in addition to “the metrics…
A federal court in the District of Columbia will consider on August 27, 2013, whether to issue a preliminary injunction to stop the U.S. Department of Agriculture (USDA) from implementing country-of-origin labeling (COOL) program changes required by a 2011 World Trade Organization (WTO) determination that, as initially drafted, the rules gave less favorable treatment to cattle and hogs imported from Canada and Mexico. Am. Meat Inst. v. USDA, No. 13-1033 (filed July 8, 2013). Information about the revised COOL rule appears in Issue 485 of this Update. A number of meat-processing interests, including the American Meat Institute, Canadian Cattlemen’s Association, Confederación Nacional de Organizaciones Ganaderas, National Cattlemen’s Beef Association, and National Pork Producers Council, challenged the new rule alleging that it violates First Amendment rights under the U.S. Constitution, exceeds USDA’s authority and violated the Administrative Procedure Act. In early August, the U.S. Cattlemen’s Association (USCA), National Farmers Union, American…
According to a news source, U.S. Food and Drug Administration (FDA) personnel have experienced significant delays in obtaining visas from China to staff food and drug inspection offices in that country. One staff member reportedly withdrew his application after waiting nine months for approval to work in China. The delays are seen as a setback for the agency’s efforts to improve supply chain safety; FDA planned to use $10 million in additional appropriations to increase its food inspection staff from two to nine and its drug inspection unit from just one to 11. FDA currently has three offices in the country—in Beijing, Shanghai and Guangzhou—staffed with eight U.S. civil servants and five Chinese nationals. An FDA spokesperson said, “We believe that timely issuance of visas for FDA staff will be beneficial to both the U.S. and China, and that it’s in China’s best interest to issue these visas and move…
The U.S. Department of Agriculture’s National Organic Program (NOP) has issued a proposed rule that would amend the National List of Allowed and Prohibited Substances to permit the use of biodegradable biobased mulch film in organic crop production and the use of Citrus hystrix and curry leaves in organic processing. NOP has also proposed removing two nonorganic agricultural products from the National List—hops (Humulus lupulus) and unmodified rich starch—“as their use exemptions expired on January 1, 2013, and June 21, 2009, respectively.” According to NOP, biodegradable biobased mulch film is a synthetic substance “used as an alternative to petroleum-based plastic mulches that do not biodegrade,” while the leaves and fruit of Citrus hystrix are traditional ingredients in Lao, Thai and other Southeast Asian cuisines, and curry or sweet neem leaves are an important ingredient in Indian, Sri Lankan, Malay, and other Southeast Asian cuisines. The agency will accept comments on…
The Food and Drug Administration (FDA) has apparently filed a petition submitted by the Dean Foods Co. and the WhiteWave Foods Co. “proposing that the food additive regulations be amended to provide for the expanded safe uses of vitamin D2 and vitamin D3 as nutrient supplements in food.” In particular, the petition seeks to amend (i) 21 C.F.R. 172.39 “to provide for the safe use of vitamin D2 as a nutrient supplement in edible plant-based food products intended for use as alternatives to milk and milk products,” and (ii) 21 C.F.R. 172.80 “to provide for the safe use of vitamin D3 as a nutrient supplement in milk at levels higher than those currently permitted.” FDA has also noted that because the action will not have any significant effect on the human environment, there is no need to undertake an environmental assessment or prepare an environmental impact statement. See Federal Register,…
The Food and Drug Administration (FDA) has announced plans to prepare an environment impact statement (EIS) for a proposed rule that would establish standards for the growing, harvesting, packing, and holding of produce for human consumption. According to an August 16, 2013, FDA press release, the agency determined that an EIS was necessary based on public feedback and its own analysis, and will now begin a scoping process “designed to determine relevant issues that will influence the scope of the environmental analysis.” FDA will accept comments on the EIS scoping process until November 15, 2013. Additional details about the proposed produce standards appear in Issue 466 of this Update. See Federal Register, August 19, 2013.
The Food and Drug Administration (FDA) has announced an upcoming public meeting slated for September 19-20, 2013, in Washington, D.C., to discuss regulations proposed under the Food Safety Modernization Act (FSMA) that would establish Food Supplier Verification Programs as well as new rules for accrediting third-party auditors and certification bodies. Intended to ensure “that imported food meets the same safety standards as food produced domestically,” the proposed rules would (i) require importers “to verify that their foreign suppliers are implementing the modern, prevention-oriented food safety practices called for by [FMSA],” and (ii) “strengthen the quality, objectivity, and transparency of foreign food safety audits on which many U.S. food companies currently rely.” FDA will accept advanced registrations from individuals who wish to participate in person by September 10, 2013. Additional details about the proposed rules appear in Issue 492 of this Update. See Federal Register, August 16, 2013.
