The U.S. Department of Agriculture’s Animal and Plant Health Inspection Service (APHIS) has announced its decision to partially deregulate the Roundup Ready® sugar beets developed by the Monsanto Co. These genetically engineered (GE) sugar beets resist the company’s Roundup Ready® herbicide. A court previously determined that APHIS violated the National Environmental Policy Act by deregulating the sugar beets without conducting an environmental impact statement (EIS). APHIS’s interim action was taken on the basis of its finding of no significant impact on human health or the environment by the GE sugar beet root crops and will remain in effect until its EIS is completed in 2012. The agency’s action means that farmers can continue planting GE sugar beets under mandatory conditions that will restrict their movement and environmental release. According to APHIS, these conditions will ensure “that the implementation of this interim regulatory action will not result in any environmental impacts…
Category Archives Department of Agriculture
The U.S. Department of Agriculture, the Food and Drug Administration and the Office of the Under Secretary for Food Safety have announced a February 9, 2011, public meeting in College Park, Maryland, to provide information and receive public comments on draft U.S. positions to be discussed at the 22nd session of the Codex Committee on Fats and Oils (CCFO) on February 21-25 in Penang, Malaysia. CCFO “is responsible for elaborating worldwide standards for fats and oils of animal, vegetable, and marine origin, including margarine and olive oil.” Agenda items include (i) “Draft Amendment to the Standard for Named Vegetable Oils; Inclusion of Palm Kernel Olein and Palm Kernel Stearin”; (ii) “Code Practice for the Storage and Transport of Edible Fats and Oils in Bulk”; (iii) “Proposed Draft Amendment to the Standard for Olive Oils and Olive Pomace Oils: Linolenic Acid Level”; (iv) “Proposal for New Work on a Standard for…
The U.S. Department of Agriculture (USDA) and Department of Health and Human Services (HHS) have released the 2010 Dietary Guidelines for Americans, “the federal government’s evidence-based nutritional guidance to promote health, reduce the risk of chronic diseases, and reduce the prevalence of overweight and obesity through improved nutrition and physical activity.” Published every five years, the guidelines are based on the findings of the Dietary Guidelines Advisory Committee and consideration of federal agency and public comments. The 2010 version encompasses “two overarching concepts” that tackle both obesity and poor nutritional content by urging Americans to (i) “maintain a healthy calorie balance over time to achieve and sustain a healthy weight” and (ii) “focus on consuming nutrient-dense foods and beverages.” To this end, the current guidelines feature 23 key recommendations for the general population and six key recommendations for specific populations, as well as tips “to help consumers translate the Dietary…
The U.S. Department of Agriculture’s Animal and Plant Health Inspection Service (APHIS) has issued an interim rule updating its highly pathogenic avian influenza (HPAI) requirements for importing birds, poultry and hatching eggs. Because APHIS’s previous restrictions applied only to the H5N1 subtype of avian influenza, the new rule extends its purview to include any HPAI subtype, thus barring poultry imports from any country where these subtypes “are considered to exist.” Effective January 24, 2011, the interim rule also prohibits the importation of live poultry and birds that “have been vaccinated for any H5 or H7 subtype,” as well as their hatching eggs, since these imports “may produce false positive test results … during the required 30-day quarantine.” In addition, APHIS has banned live poultry, birds and hatching eggs “that have moved through regions where any HPAI subtype exists.” APHIS has invited comments on the interim rule before March 25, 2011.…
In a decision that prompted the promise of an immediate legal challenge, the U.S. Department of Agriculture (USDA) has announced that it will grant nonregulated status to genetically engineered (GE) alfalfa. According to USDA Secretary Tom Vilsack, “After conducting a thorough and transparent examination of alfalfa through a multi-alternative environmental impact statement (EIS) and several public comment opportunities, APHIS [the Animal and Plant Health Inspection Service] has determined that Roundup Ready alfalfa is as safe as traditionally bred alfalfa.” The agency’s Record of Decision concludes that “alfalfa events J101 and J163 do not pose a greater plant pest risk than other conventional alfalfa varieties.” The House Agriculture Committee conducted a public forum January 20, 2011, to discuss matters relating to the USDA’s anticipated action on GE alfalfa’s deregulation. The agency had proposed several options, including partially deregulating GE alfalfa and establishing isolation distances and geographic limits on where the crop is…
The U.S. Department of Agriculture (USDA) has issued a final rule establishing a voluntary labeling program for “biobased” products made from renewable biological ingredients. Part of the USDA BioPreferred Program, which also administers procurement preferences for federal agencies, the labeling initiative applies to those products certified as containing a prescribed amount of renewable plant, animal, marine, or forestry material. According to a January 19, 2011, press release, “This new label will clearly identify biobased products made from renewable resources, and will promote the increased sale and use of these products in the commercial market and for consumers.” The BioPreferred Program has apparently designated “approximately 5,100 biobased products” in 50 categories, but estimates that “there are 20,000 biobased products currently being manufactured in the United States.” As USDA Deputy Secretary Kathleen Merrigan stated, “Today’s consumers are increasingly interested in making educated purchasing choices for their families. This label will make those…
Three congressional Republicans assert that the U.S. Department of Agriculture (USDA) has no authority to weigh economic factors in conducting an environmental review for genetically engineered (GE) alfalfa under the National Environmental Policy Act and the Plant Protection Act. In a January 19, 2011, letter submitted to USDA Secretary Tom Vilsack, they vilify him for including an option that would impose geographic restrictions and isolation distances on the crop. House Agriculture Committee Chair Frank Lucas (R-Okla.) and Senators Saxby Chambliss (R-Ga.) and Pat Roberts (R-Kan.) contend that the option was included in the final environmental impact statement (EIS) solely “to interfere in planting decisions based on the risk of economic harm due to pollen drift.” According to the congressmen, the option “is a poor substitute for existing options available to farmers to amicably resolve the concerns regarding co-existence of agriculture biotechnology, conventional and organic crops.” They also claim that “the implications…
The U.S. Department of Agriculture’s National Organic Program (NOP) has issued draft guidance “to address the labeling, composition of and use of percentage statements in ‘made with organic (specified ingredients or food groups).’” Under NOP regulations, conventional non-organic ingredients produced without the use of genetically modified organisms, sewage sludge or ionizing radiations, as well as natural and synthetic substances exempted from the NOP’s prohibited ingredients list, may comprise up to 30 percent of a product labeled “made with organic (specified ingredients or food group(s)).” Such labeling may also display the percentage of organic ingredients in the product, but must be accompanied by the appropriate “made with organic” statement. According to NOP, acceptable variations of percentage claim statements include: (i) ‘‘X% Organic,’’ (ii) ‘‘X% Organic Ingredients,’’ (iii) ‘‘Contains X% Organic Ingredients,’’ and (iv) ‘‘Made with X% Organic Ingredients.” Other percentage claims “may be acceptable as long as they are not misleading,”…
The U.S. Department of Agriculture (USDA) has issued a 78-page proposed rule revising school breakfast and lunch nutrition requirements as a way to combat childhood obesity. Noting that implementation would improve dietary habits and protect children’s health, the rule is part of the Healthy, Hunger-Free Kids Act of 2010 recently signed into law. Based on recommendations released in 2009 by the National Academies’ Institute of Medicine, the revisions reportedly represent the first major overhaul to school meals in 15 years. Among other things, the proposal calls for meals served to approximately 32 million school children to (i) include more fruits, vegetables, whole grains, and fat-free and low-fat milk; (ii) limit sodium and saturated and trans fats; and (iii) help meet nutritional needs of children within their established calorie minimums and maximums. “We understand that these improved meal standards may present challenges for some school districts, but the new law provides…
The U.S. Department of Agriculture (USDA) has issued a final rule requiring mandatory nutrition labeling on 40 major cuts of single-ingredient, raw meat and poultry products. The Nutrition Labeling and Education Act of 1990 requires nutrition facts labels on most foods regulated by the Food and Drug Administration, but USDA-regulated meat and poultry has been exempt, allowing producers to supply the information on a voluntary basis. Effective January 1, 2012, the rule calls for packages of ground or chopped meat and poultry to feature nutrition fact panels on their labels, and whole, raw cuts of meat and poultry to either include facts panels on their package labels or have them available for consumers at the point-of-purchase. Designed to educate consumers about nutrition and diets, the rule requires the labels to supply the number of calories and the grams of total fat and saturated fat. “Additionally, any product that lists a…
