A New Mexico rancher has reportedly petitioned the U.S. Department of Agriculture (USDA) to operate the first horse slaughterhouse since the ban for such operations was lifted in November 2011. Since 2006, the federal government has essentially blocked horse slaughterhouses because Congress did not fund their legally required USDA inspections. Those inspections, however, were approved by lawmakers in last year’s agricultural spending bill. According to a news source, Rick De Los Santos, part-owner of Valley Meat Co. in Roswell, plans to slaughter 20 to 25 horses a day and export the meat to Mexico for human consumption. He asserts that more than 100,000 American horses are shipped to slaughterhouses in Mexico and Canada, with some of the meat exported to Europe and Asia. “Everyone who’s ever eaten tacos in Mexico, I guarantee you they’ve eaten horse meat down there,” De Los Santos said. “It would never be my intention to…
Category Archives U.S. Government and Regulatory Agencies
The Humane Society of the United States (HSUS) has reportedly filed a legal complaint with the Federal Trade Commission (FTC) alleging that the National Pork Producers Council (NPPC) “is engaging in deceptive advertising related to animal well-being in violation of the Federal Trade Commission Act,” according to an April 18, 2012, press release. In particular, the complaint apparently maintains that NPPC’s “We Care Initiative” and “Pork Quality Assurance [PQA] Plus” program “are riddled with numerous false claims regarding the welfare of pigs, including the trade group’s patently false claim that its PQA Plus program helps to ‘ensure that all animals in the pork industry continue to receive humane care and handling.’” In support of these assertions, HSUS claims to have documented pork industry practices “that most consumers do not consider humane such as the extreme confinement of breeding sows in two-foot-wide metal cages, and painful procedures such as tail ‘docking,’…
The Food and Drug Administration (FDA) has issued draft guidance that, in part, addresses the use of nanotechnology in food processing. Among other matters, “FDA considers food manufacturing processes that involve nanotechnology in the same manner as any other food manufacturing technology,” although the agency also apparently recognizes that “nanotechnology and other emerging technologies may introduce issues that warrant additional or different evaluation during a safety assessment of a food substance. For example, so-called nano engineered food substances can have significantly altered bioavailability and may, therefore, raise new safety issues that have not been seen in their traditionally manufactured counterparts.” Accordingly, FDA states, “When a food substance is manufactured to include a particle size distribution shifted more fully into the nanometer range, safety assessments should be based on data relevant to the nanometer version of the food substance. Where nano engineered food substances have new properties, additional or different testing…
The Food and Drug Administration (FDA) has released industry guidance and a draft regulation about a new voluntary initiative intended to decrease the use of antimicrobials in agricultural animals. According to an April 11, 2012, press release, FDA has issued final guidance for industry titled “The Judicious Use of Medically Important Antimicrobial Drugs in Food-Producing Animals,” which “recommends phasing out the agricultural production use of medically important drugs and phasing in veterinary oversight of therapeutic uses of these drugs.” The agency has also published draft guidance that urges animal pharmaceutical companies to voluntarily remove “production uses of antibiotics from their FDA-approved product labels” and “add, where appropriate, scientifically-supported disease prevention, control, and treatment uses.” These two sets of guidance are supplemented with a proposed veterinary feed directive outlining “ways that veterinarians can authorize the use of certain animal drugs in feed, which is important to make the needed veterinary oversight feasible…
A federal court in Iowa has dismissed claims filed by a legal defense fund and a number of raw-milk producers challenging Food and Drug Administration (FDA) regulations prohibiting the shipment of raw milk for human consumption across state lines. Farm-to-Consumer Legal Defense Fund v. Sebelius, No. 10-4018 (N.D. Iowa, decided March 30, 2012). According to the court, none of the plaintiffs alleged that “the FDA has applied or sought to apply the challenged regulations to them, and Wagoner’s contentions are merely conclusory and based on speculation.” Raw milk producer Eric Wagoner had apparently alleged that a Georgia Department of Agriculture official “ordered an embargo of raw milk that he had transported from South Carolina, where it is legal to buy raw milk, to Georgia, where it is not” and claimed that “the embargo was ordered at the direction of the FDA.” There was no evidence of FDA involvement, and because…
The U.S. Department of Agriculture (USDA) recently announced the expansion of its Quality Monitoring Program to include extra virgin and organic extra virgin olive oil. According to an April 3, 2012, post on the USDA blog, the program hopes to address questions raised in the last few years about olive oil quality and provide consumers with assurance that the products they purchase meet grade standards. Under the program, which already evaluates other commodities such as canned, frozen and fresh fruits and vegetables, the Agricultural Marketing Service will verify “olive oil quality and purity using criteria based on the U.S. grade standards . . . and international criteria,” as well as conduct “unannounced plant visits to review product processes, quality assurance measures, and recordkeeping systems.” Products from the first program participant, Baltimore-based Pompeian, Inc., have reportedly met “chemical testing and flavor analysis requirements” and the company has agreed to additional site inspections.
The Federal Trade Commission (FTC) has released a report recommending best business practices “to protect the privacy of American consumers and give them greater control over the collection and use of their personal data.” Titled “Protecting Consumer Privacy in an Era of Rapid Change: Recommendations for Businesses and Policymakers,” the guidance reportedly expands on preliminary findings first issued in December 2010 and covered in Issue 374 of this Update. In particular, the March 2012 report urges companies to protect consumer privacy by (i) building protections into every stage of product design, including “reasonable security for consumer data, limited collection and retention of such data, and reasonable procedures to promote data accuracy”; (ii) giving consumers a “Do Not Track” mechanism to opt out of data collection; and (iii) providing greater transparency about the collection and use of consumer information. Unlike the preliminary version, which applied its framework to all businesses, the…
First synthesized by a Russian chemist in 1891 and deemed safe by the Environmental Protection Agency in 1976 when grandfathered in along with 62,000 other chemicals under the Toxic Substances Control Act, bisphenol A (BPA) was today confirmed for continued use in food packaging materials by the Food and Drug Administration (FDA). According to news sources, the agency rejected the Natural Resources Defense Council (NRDC) petition to ban the chemical, finding that the scientific evidence cited in the petition cannot be applied to humans, and the studies were too small or involved injecting BPA into animals rather than ingested over time, which is how human exposure occurs. See The New York Times, March 30, 2012. Produced at an annual rate of more than 8 billion pounds worldwide, BPA has been detected in the urine of nearly every adult and child tested in the United States, and, while it is quickly…
Del Monte Fresh Produce has reportedly informed Oregon Public Health and state Senior Epidemiologist William Keene that it will not act on its notice to sue over their identification of the company’s imported cantaloupes as the source of a 2011 Salmonella outbreak. Additional details about the litigation threat appear in Issue 408 of this Update. While a spokesperson refused to comment on the company’s action, its letter apparently indicated that the withdrawal was “a show of good faith” in its food safety discussions with the state; it is seeking a meeting with state food safety scientists. Del Monte Fresh Produce also sued the Food and Drug Administration (FDA), claiming that the agency lacked an adequate factual basis to conclude that the company’s Guatemalan cantaloupe supplier was the source of the contamination. The company sought to lift FDA’s import alert which prohibited it from importing from its Guatemalan source without proving the…
A federal magistrate judge in New York has ordered the Food and Drug Administration (FDA) to begin proceedings to withdraw approval for the subtherapeutic use of certain antibiotics in animal feed, agreeing with the Natural Resources Defense Council (NRDC) and a coalition of advocacy organizations that the agency had a statutory duty to hold withdrawal proceedings after issuing notices in 1977 of its intent to withdraw approval because the use of such drugs had not been shown to be safe. NRDC v. FDA, No. 11-3562 (S.D.N.Y., decided March 22, 2012). According to the court, “if the Secretary finds that an animal drug has not been shown to be safe, he is statutorily required to withdraw approval of that drug, provided that the drug sponsor has notice and an opportunity for a hearing.” Further details about the lawsuit appear in Issue 396 of this Update. Questions about whether the agency has…
