The United States has reportedly decided not to file an appeal from a World Trade Organization (WTO) ruling that its ban on Chinese poultry imports, imposed in 2004 upon fears of an avian flu outbreak, was illegal. According to a news source, this ends the trade dispute. While the legislative ban expired within five years, under current U.S. law, the U.S. Department of Agriculture cannot allow poultry imports unless the foreign country’s food safety procedures are deemed equivalent to those used in the United States. A 2009 appropriations bill included this provision despite lobbying by U.S. trade organizations against it. See FoodNavigator-USA.com, October 27, 2010. Meanwhile, WTO has apparently decided to open to the public the second hearing on a complaint filed by Canada and Mexico, challenging the U.S. promulgation of country-of-origin labeling for cattle and hog imports. The parties reportedly requested an open hearing, which will take place December…
Category Archives Department of Agriculture
Public Employees for Environmental Responsibility (PEER) has filed a complaint in federal court under the Freedom of Information Act (FOIA), seeking documents from the White House Office of Science and Technology Policy (OSTP) related to the development of policies to protect scientific integrity in federal agencies, such as the U.S. Department of Agriculture and the Food and Drug Administration. PEER v. OSTP, No. __ (D.D.C., filed October 19, 2010). According to the complaint, President Barack Obama (D) issued an executive order in March 2009, requiring the development of such rules by July. They have not yet been promulgated. OSTP Director John Holdren reportedly wrote online in June 2010 that the “process has been more laborious and time-consuming than expected,” and that an interagency panel has developed draft recommendations for OSTP and Office of Management and Budget review. Representatives from the latter two offices “have been honing a final set of recommendations”…
The U.S. Department of Agriculture’s Agricultural Marketing Service has announced the availability of five draft guidance documents for National Organic Program (NOP) certifying agents and certified operations. The documents cover the following topics: (i) Compost and Vermicompost in Organic Crop Production (NOP 5021); (ii) Wild Crop Harvesting (NOP 5022); (iii) Outdoor Access for Organic Poultry (NOP 5024); (iv) Commingling and Contamination Prevention in Organic Production and Handling (NOP 5025); and (v) The Use of Chlorine Materials in Organic Production and Handling (NOP 5026). Once finalized, the guidance will become available through “The Program Handbook: Guidance and Instructions for Accredited Certifying Agents (ACAs) and Certified Agents,” which provides “those who own, manage, or certify organic operations with guidance and instructions that can assist them with complying with the [NOP] regulations.” To this end, NOP will accept written comments on the drafts until December 13, 2010. See The Federal Register, October 13,…
The U.S. Department of Agriculture’s (USDA’s) Food Safety and Inspection Service (FSIS) has issued draft guidelines for video monitoring at federally inspected meat and poultry plants. Although the guidelines do not require in-plant video monitoring, such practices can be used to help strengthen food safety and humane animal-handling practices, and to monitor product inventory and building security, according to an October 14, 2010, FSIS news release. “Records from video or other electronic monitoring or recording equipment may also be used to meet FSIS’ record-keeping requirements,” the agency stated. The guidelines stem from a 2008 USDA Office of Inspector General (OIG) recommendation that called for FSIS to “determine whether video monitoring would be beneficial in slaughterhouse establishments,” FSIS Administrator Al Almanza was quoted as saying. “In agreeing to that OIG recommendation, FSIS committed to issuing compliance guidelines for using video records and a directive clarifying FSIS’ authority to access establishment video…
According to an agricultural and food law blog, the U.S. Department of Agriculture (USDA) has published the U.S. Standards for Grades of Olive Oil and Olive-Pomace Oil, effective October 25, 2010. They supersede standards that were in effect since 1948. According to the agency, the standards “are designed to facilitate orderly marketing by providing a convenient basis for buying and selling, for establishing quality control programs, and for determining loan values. The standards also serve as a basis for the inspection and grading of commodities by the Federal inspection service.” The USDA website contains only a cached version of this document; it is unclear whether the material is undergoing some further change. See U.S. Agricultural & Food Law and Policy Blog, October 20, 2010.
U.S. Representative Rosa DeLauro (D-Conn.) has introduced a bill (H.R. 6325) that would require labeling for food that contains genetically engineered (GE) animal products. The Consumer Right to Know Food Labeling Act of 2010 would amend the Food, Drug, and Cosmetic Act and Meat Inspection Act to compel the disclosure of product ingredients derived from cloned animals or their progeny. It would also mandate labeling for food products that contain GE salmon. In addition to providing for civil penalties and citizen suits in the event of misbranded food, the bill would direct the U.S. Department of Agriculture and Food and Drug Administration (FDA) to develop and implement a recordkeeping audit trail applicable to “any person that prepares, stores, handles, or distributes a cloned product for retail sale.” “A recent Food & Water Watch survey revealed that 78 percent of Americans do not want genetically-engineered salmon to be approved and made available…
The U.S. Department of Agriculture’s Food Safety and Inspection Service (FSIS) has announced an October 13, 2010, public meeting in College Park, Maryland, to provide information and receive public comments on draft U.S. positions to be discussed at the 32nd Session of the Codex Committee on Nutrition and Foods for Special Dietary Uses (CCNFSDU) on November 1-5 in Santiago, Chile. The meeting will address a discussion paper on the “Inclusion of New Part B for Underweight Children in the Standard for Processed Cereal-Based Foods for Infants and Young Children.” Other agenda items will include (i) proposed revision of “Codex General Principles for the Addition of Essential Nutrients to Foods”, (ii) proposed revision to the “Guidelines on Formulated Supplementary Foods for Older Infants and Young Children”, and (iii) “Proposed Draft Nutrient Reference Values for Nutrients Associated with Risk of Diet-Related Noncommunicable Diseases for General Population.” See Federal Register, October 1, 2010. FSIS…
The U.S. Department of Agriculture’s Animal and Plant Health Inspection Service (APHIS) has published a notice announcing the availability of its biotechnology compliance assistance program audit standard. The document “will be used by participating regulated entities to develop and implement sound management practices, thus enhancing compliance with the regulatory requirements for field trials and movement of genetically engineered [GE] organisms in 7 CFR part 340.” APHIS developed a voluntary quality management assistance program to help regulated entities improve their management of domestic GE organism research and development. The new audit standard “provides criteria for the development, implementation, and objective evaluation of the entity’s [program].” See Federal Register, October 5, 2010.
A World Trade Organization (WTO) panel has determined that the United States has violated its trade obligations by refusing to allow Chinese chicken parts into the U.S. market, an action that was apparently taken in a 2009 federal spending bill that denied the use of any U.S. Department of Agriculture funding to establish or implement any measure that would allow the importation. The law extended a five-year U.S. ban on Chinese chicken that was imposed during a bird flu outbreak. While the WTO can sanction countries that violate trade rules, this could take several years because the United States has the option to appeal the verdict. According to a news source, the Office of the U.S. Trade Representative has indicated that the restrictions were temporary and are due to expire soon. See USA Today, September 29, 2010.
The U.S. Department of Agriculture’s National Organic Standards Board (NOSB) has announced an October 25-28, 2010, public meeting in Madison, Wisconsin, to review proposed recommendations for the National List of Allowed and Prohibited Substances, which governs the use of synthetic and non-synthetic materials in organic production and handling. NOSB will accept written comments and requests for oral presentations until October 12, 2010. The agenda covers petitioned material and sunset review recommendations for a number of substances, as well as proposed guidance on nanotechnology, “Made With” organic claims and changes to the NOSB policy and procedure manual. In particular, the meeting will address the NOSB Materials Committee’s recommendations for prohibiting engineered nanomaterials in organic production, processing and packaging. According to the committee, concerns about nanotechnology include “the ability of the regulatory agency, the National Organic Program (NOP), to fully control two of the major sources of contamination in final organic food…
