The U.S. Department of Agriculture’s Food Safety and Inspection Service (FSIS) has issued a proposal that would require beef products undergoing a mechanical tenderization process be labeled as such and include new cooking instructions to ensure proper handling. According to an agency spokesperson, “Ensuring that consumers have effective tools and information is important in helping them protect their families against foodborne illness.” Some cuts of beef are apparently pierced by needles or sharp blades to break up muscle fibers and increase tenderness. With the possible introduction of pathogens into the interior of such products, FSIS notes that they “may pose a greater threat to public health than intact beef products, if they are not cooked properly.” Public comments will be requested within 60 days of publication in the Federal Register. See FSIS News Release, June 6, 2013.
Category Archives U.S. Government and Regulatory Agencies
The Department of Justice (DOJ) has published the antitrust complaint filed with a proposed final judgment and competitive impact statement, resolving its concerns that the acquisition of Grupo Modelo S.A.B. de C.V. by Anheuser-Busch InBev SA/NV would violate section 7 of the Clayton Act. According to DOJ, the final judgment requires the companies “to divest Modelo’s entire U.S. business to Constellation Brands, Inc.,” or to an alternative purchaser if that transaction fails, to avoid a threat to the competitive U.S. beer market. Court approval of the agreement is required, and public comment is requested within 60 days of publication. See Federal Register, May 22, 2013.
The Ninth Circuit Court of Appeals has upheld a lower court ruling affirming the U.S. Department of Agriculture’s Animal and Plant Health Inspection Service (APHIS) decision that genetically modified (GM) alfalfa is not a “plant pest” and thus that it lacked authority to stop its deregulation or to consult with the Fish and Wildlife Service regarding potential environmental impacts. Ctr. for Food Safety v. Vilsack, No. 12-15052 (9th Cir., decided May 17, 2013). The Center for Food Safety, an organization dedicated to environmental advocacy, has announced its determination to appeal the ruling and to pursue other legal options to stop the planting and cultivation of GM alfalfa. The gist of the Ninth Circuit’s ruling is that while the plaintiffs’ environmental and economic concerns may be valid, they have no bearing, under the current statutory scheme, on APHIS’s authority vis-à-vis GM crops. The court’s opinion methodically explains how GM alfalfa is created…
The Food and Drug Administration (FDA) has issued a notice about a collection of information titled “Experimental Study on Consumer Responses to Nutrition Facts Labels with Various Footnote Formats and Declaration of Amount of Added Sugars” that the agency has submitted to the Office of Management and Budget for review. FDA reported that it plans to use the information to promote public health and explore consumer responses to various food label formats for the footnote section of the Nutrition Facts label, including “those that exhibit information such as a description of percent Daily Value, a succinct statement about daily caloric intake, a general guideline for interpreting percent Daily Values, or a footnote about nutrients whose daily intake should be limited.” This study will also reportedly explore “how declaring the added sugars content of foods might affect consumers’ attention to and understanding of the sugars and calorie contents and other information…
The U.S. Department of Agriculture’s (USDA’s) Agricultural Marketing Service (AMS) has issued a final rule amending the Country of Origin Labeling (COOL) regulations to comply with a World Trade Organization (WTO) appellate ruling that certain provisions relating to muscle cut meat commodities were inconsistent the WTO Agreement on Technical Barriers to Trade (TBT Agreement), which includes an obligation “to accord imported products treatment no less favorable than that accorded to domestic products.” Effective May 23, 2013, the final rule requires origin designations for muscle cut covered commodities “to specify the production steps of birth, raising, and slaughter of the animal from which the meat is derived that took place in each country listed on the origin designation.” It also eliminates “the allowance for commingling of muscle cut covered commodities of different origins” and expands the definition for “retailer” “to include any person subject to be licensed as a retailer under…
The Federal Trade Commission (FTC) has issued a modified 10-year review schedule that includes Fair Packaging and Labeling Act regulations among those for which the agency plans to request public input in 2013 as to their need, costs, benefits, and burdens. Specifically at issue are the regulations under sections 4 and 5(c), exemptions from requirements under 16 C.F.R. Part 500, and statements of general policy or interpretation (16 C.F.R. Part 503). FTC also intends to review and solicit public comments on its telemarketing sales rule. See Federal Register, May 23, 2013.
The U.S. Treasury Department’s Alcohol and Tobacco Tax and Trade Bureau (TTB) has issued a final rule amending the standards for cognac and pisco, a type of brandy manufactured in Peru and Chile. According to TTB, the final rule honors an international agreement with Peru and Chile recognizing pisco as a distinctive product of those countries in exchange for the recognition of Bourbon Whiskey and Tennessee Whiskey as distinctive products of the United States. The final rule clarifies that pisco is “a type of brandy that must be manufactured in accordance with the laws and regulations of either Peru or Chile” and removes “Pisco brandy” from the list of examples of geographic designations in the distilled spirits standard of identity. Under the new rules, qualifying products can now bear the name “Pisco” or any of its equivalents—“Pisco Perú,” “Pisco Chileno” or “Chilean Pisco” without needing to add the term “brandy”…
The U.S. Treasury Department’s Alcohol and Tobacco Tax and Trade Bureau (TTB) has issued guidance to industry on the “Use of Social Media in the Advertising of Alcohol Beverages.” According to the May 13, 2013, circular, TTB considers that the advertising provisions of the Federal Alcohol Administration Act (FAA Act) apply to all advertisements “including social media.” The guidance aims to provide “a basis for voluntary compliance with the FAA Act and the TTB advertising regulations with regard to social media, both in terms of required mandatory statements and prohibited practices or statements.” TTB defines social media outlets as social network services, video sharing sites, blogs, microblogs, forums or comment sections on websites, apps for mobile devices, and links and quick response codes. Applicable to advertisements for wine, distilled spirits and malt beverages, the requirements include posting a responsible advertiser name and address and avoiding prohibited statements, including false health…
The Federal Trade Commission (FTC) has reportedly sent letters to more than 90 businesses in an effort to educate them about updates to the Children’s Online Privacy Protection Act (COPPA) that take effect July 1, 2013. According to a May 15, 2013, FTC press release, the agency sent separate letters to both domestic and foreign companies “that may be collecting images or sounds of children” as well as those “that may be collecting persistent identifiers from children.” The letters explain to recipients that under the new rules, personal information now includes (i) “a photograph or video with a child’s image, or an audio file that has a child’s voice,” and (ii) “persistent identifiers, such as cookies, IP addresses and mobile device IDs, that can recognize users over time and across different websites or online services.” “Companies whose apps collect, store or transmit this information, as well as other personal information…
The Congressional Research Service (CRS) recently issued a report to explore whether U.S. Department of Agriculture (USDA) proposed rules on labeling muscle cuts of meats will comply with World Trade Organization (WTO) findings that current country-of-origin labeling (COOL) requirements discriminate against livestock imports. Titled “Country-of-Origin Labeling for Foods and the WTO Trade Dispute on Meat Labeling,” the report reviews events that led to the WTO ruling which followed a challenge filed by Canada and Mexico to the 2008 farm bill amendments that adopted the disputed COOL provisions. A WTO arbitrator established May 23, 2013, as the deadline for the United States to comply. Various stakeholders have apparently presented a number of options to bring the United States into compliance, and USDA issued a proposed rule in March. Canada and Mexico have evidently argued that the proposed rule does not fulfill U.S. WTO obligations, and the CRS report notes that this…
