The U.S. Department of Agriculture’s (USDA’s) Agricultural Marketing Service (AMS) has announced the availability of draft guidance concerning (i) “the classification of materials under USDA organic regulations (7 CFR part 205)” and (ii) “materials for use in organic crop production.” In particular, the first set of guidance “details the procedures and decision trees for classifying the materials used for organic crop production, livestock production, and handling,” while the second set includes “an itemization of allowed natural and synthetic materials and a limited appendix of materials prohibited in organic crop production.” AMS has asked “accredited certifying agents, certified operations, material evaluation programs, and other organic industry stakeholders” to submit comments on these documents through June 3, 2013. The agency will eventually publish the finalized version as part of the National Organic Program’s handbook for certifying agents and certified operations. See Federal Register, April 2, 2013.
Category Archives Department of Agriculture
The U.S. Department of Agriculture’s Food Safety and Inspection Service (FSIS) recently issued a notice directing import inspectors to increase “species sampling and testing” on products from countries affected by the European Union’s ongoing investigation into beef contaminated with horsemeat. According to the new order, FSIS has scheduled “increased species sampling for product from Iceland, Ireland, Poland, the United Kingdom, and Northern Ireland via PHIS [Public Health Information System],” but dropped Brazil from the list of those countries requiring special attention from inspectors. “We are confident that the inspection system at ports of entry ensures the safety of products that come into our country every day,” said FSIS spokesperson Catherine Cochran. “However, in response to recent events and consumer concerns, we are increasing species testing to enhance current safeguards and prevent fraudulently labeled products from entering the country.” See Bloomberg, April 4, 2013.
A U.S. Department of Agriculture Office of Inspector General audit report titled “FSIS E. coli Testing of Boxed Beef” concludes that the Food Safety and Inspection Service (FSIS) must reevaluate its E. coli testing methodology and “take additional steps to ensure that beef to be ground throughout the production process—from Federally inspected slaughter establishments to local grocery stores—be subject to FSIS sampling and testing for E. coli.” According to the report, “FSIS is not testing tenderized meat products for E. coli despite several recent recalls.” The Kansas City Star noted that the report was issued three months after the newspaper published a series of stories profiling individuals who had apparently been sickened with E. coli poisoning after consuming medium-rare, mechanically tenderized steaks in restaurants. The article highlighted that “the process of mechanically blading that meat uses automated needles or knives to tenderize tougher cuts of beef, forcing pathogens into the…
The Animal Legal Defense Fund (ALDF) and Compassion Over Killing have reportedly filed a complaint in a California federal court against the Food and Drug Administration, U.S. Department of Agriculture and Federal Trade Commission claiming that the agencies have failed to regulate animal-welfare labeling on egg cartons. According to ALDF, rulemaking petitions were filed in 2006 and 2007 asking for egg production methods to be fully disclosed on every carton of eggs sold in the United States. The agencies have not only allegedly failed to take action on these requests, they have also apparently failed to take action against “the often-misleading claims and deceptive imagery widely found on egg cartons.” The plaintiffs seek a court order requiring the agencies to adopt rules that would mandate that producers clearly label their egg cartons with egg production methods, including “Eggs from Caged Hens.” See ALDF News Release, March 28, 2013.
A federal court in California has dismissed with prejudice a complaint filed by groups concerned about ducks force-fed to produce foie gras against the U.S. Department of Agriculture (USDA) and its Food Safety and Inspection Service (FSIS), seeking to compel FSIS to ban force-fed foie gras from the human food supply as adulterated and diseased. Animal League Def. Fund v. USDA, No. 12-4028 (U.S. Dist. Ct., C.D. Cal., decided March 22, 2013). FSIS denied a petition to take such action, and the plaintiffs filed the lawsuit to challenge the legality of that denial under the Administrative Procedure Act. According to the court, while an agency’s denial of a petition for rulemaking can be challenged in court, the plaintiffs here did not ask FSIS to promulgate a new rule. “Though titled ‘PETITION FOR RULEMAKING,’ Plaintiffs’ request seeks to ban force-fed foie gras under existing law and regulations: it is not a…
Among other measures added to the six-month Consolidated and Further Continuing Appropriations Act of 2013 signed into law by President Barack Obama (D) on March 26, 2013, are a number of provisions—or “riders”—that apparently either override previously adopted laws or require the U.S. Department of Agriculture (USDA) to ignore judicial rulings on challenges to the deregulation of genetically engineered (GE) crops. The riders reportedly include (i) cuts to a school breakfast program to avoid disruptions to food safety inspections which would have affected meat processing operations; (ii) an order that the USDA secretary rescind regulations adopted in 2012 protecting growers under contract with large chicken processors; (iii) the removal of funds from USDA’s budget to implement 2008 farm bill reforms protecting small ranchers and farmers that raise animals for slaughter; and (iv) a requirement that the USDA secretary “immediately grant” temporary permits to farmers, growers or producers on request to…
The U.S Department of Agriculture (USDA) and U.S. Environmental Protection Agency (EPA) have scheduled a March 28, 2013, public meeting in Arlington, Virginia, to address draft U.S. positions for discussion at the 45th Session of the Codex Committee on Pesticide Residues of the Codex Alimentarius Commission during a May 6-13 meeting in Beijing. Agenda items include (i) a report by the 2012 joint Food and Agriculture Organization and World Health Organization meeting on pesticide residues; (ii) a discussion paper on principles and guidance for estimating maximum residue limits for pesticides; and (iii) a discussion paper on guidance for establishing maximum residue limits for pesticides for minor and specialty crops. See Federal Register, March 14, 2013.
The U.S. Department of Agriculture (USDA) has issued a proposed rule that would revise Country of Origin Labeling (COOL) requirements for muscle cuts of meat and amend the definition of “retailer” to include “any person subject to be licensed as a retailer under the Perishable Agricultural Commodities Act.” Under the proposed rule, “origin destinations for muscle cut covered commodities derived from animals slaughtered in the United States would be required 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.” According to USDA, the proposed rule would also “eliminate the allowance for any commingling of muscle cut covered commodities of different origins.” The proposal does not change “existing country of origin labeling of imported muscle cuts derived from animals slaughtered in another country.” The agency said that it “expects that…
The Department of Agriculture (USDA) has issued a proposed rule that would update regulations regarding genetically engineered (GE) organisms “by adding provisions for sharing certain business information with state and tribal government agencies.” According to USDA, the proposed provisions would govern the sharing of certain information contained in permit applications and notifications for importations, interstate movements or releases into the environment of GE organisms. The agency also says that the provisions “would allow the Animal and Plant Health Inspection Service (APHIS) to share certain business information with state and tribal governments without impairing [USDA’s] ability to protect confidential business information from disclosure.” Apparently, APHIS currently withholds such information when it shares applications with non-federal government agencies. USDA says that the action would improve collaborative and cooperative efforts with state and tribal governments and improve effectiveness of its notification and permitting procedures as APHIS continues to regulate certain GE organisms. See Federal…
The D.C. Circuit Court of Appeals has dismissed a challenge to U.S. Department of Agriculture (USDA) rules requiring California almonds sold domestically to be treated with heat or chemicals to prevent the spread of Salmonella. Koretoff v. Vilsack, No. 12-5075 (D.C. Cir., decided February 22, 2013). According to the court, the almond producers who mounted the challenge had waived their claims “by failing to raise them during the rulemaking process.” They had contended that the USDA secretary exceeded his authority in requiring the treatment of all almonds “irrespective of whether they are contaminated” and that the secretary failed to determine that the treatment rule was “the only practical means of advancing the interests of the producers.” Finding no error in the lower court’s disposition, the court affirmed its grant of summary judgment for the secretary.
