President Trump has issued an executive order directing Secretary of Agriculture Sonny Perdue to “ensure the continued supply of meat and poultry” consistent with guidance issued by the Centers for Disease Control and Prevention (CDC) and the Occupational Safety and Health Administration. CDC also issued a report on COVID-19 at meat and poultry processing facilities for the month of April 2020 that found 4,913 cases and 20 deaths among 130,000 workers and cited, among other risks, “crowded, multigenerational” residences and carpooling as relevant factors increasing the likelihood of transmission among employees. The government actions coincide with lawsuits seeking to hold meat and poultry processing plants liable for injury or death caused by COVID-19, including a wrongful death lawsuit brought against Quality Sausage Co. following the death of a forklift driver who allegedly contracted the coronavirus from coworkers. Parra v. Quality Sausage Co., No. DC-20-06406 (Tex. Dist. Ct., filed April 30,…
Category Archives Department of Agriculture
The Center for Food Safety (CFS) has filed a petition urging the U.S. Department of Agriculture (USDA) to provide transparency on the levels of drug residue in meat, poultry and egg products found as part of the agency's National Residue Program (NRP). The advocacy group specifically requests that all approved animal drugs be incorporated in the NRP; that the NRP use "the best available methods that provide for the lowest limits of detection and quantitation"; that USDA establish "clear definitions and parameters for minimum levels of applicability"; and that the agency "improve the NRP reporting mechanisms to provide publicly-available information on all samples with positive residues regardless of whether the levels detected exceed minimum levels of applicability or [U.S. Food and Drug Administration] tolerances."
In a letter to the U.S. Department of Agriculture (USDA), Sens. Ron Wyden (D-Ore.) and Jeff Merkley (D-Ore.) have requested changes to the interim final rule on hemp production. Wyden and Merkley, who co-wrote the legislation that legalized hemp farming, passed along feedback from Oregon farmers, researchers and regulators, according to a press release. The letter cites five key complaints: Testing within 15 days of harvest may be "an impossible obstacle for growers to overcome" because it is insufficient time, "particularly if there are a limited number of registered laboratories with sufficient expertise to perform the necessary tests"; The requirement to submit hemp to laboratories registered with the Drug Enforcement Administration (DEA) could "cause tremendous bottlenecks and unnecessary delays," and the 2018 Farm Bill only granted USDA and the Food and Drug Administration "sole regulatory authority over hemp production"; "The interim final rule introduced a new requirement, contrary to the…
Sen. Kirsten Gillibrand (D-N.Y.) and Rep. Rosa DeLauro (D-Conn.) have sent a letter to the U.S. Department of Agriculture (USDA) urging the agency to "adopt a policy of greater transparency with respect to the microbiological testing" that the agency collects from meat slaughter and processing establishments. The letter cites a Salmonella outbreak in ground beef announced by the Centers for Disease Control and Prevention and notes that investigators "have not identified a single, common supplier" for the affected meat. DeLauro and Gillibrand urge USDA's Food Safety and Inspection Service to provide data on the samples it collects to "allow companies, government researchers and members of the scientific community to identify links between pathogenic strains" found in meat samples and in patients identified as affected by the Salmonella outbreak. The Congress members request answers to four questions before December 13, 2019, including an identification of which establishments had samples that resulted…
Two weeks after opening a comment period on an interim final rule on hemp farming, the U.S. Department of Agriculture (USDA) has received more than 600 comments. The rule set limits for the amount of tetrahydrocannabinol (THC) that can legally be produced by the crop, and farmers have reportedly told the agency that the limit is unmanageable. One issue is that the regulations do not acknowledge a difference between Delta-9 THC and THC-A, according to a former hemp farmer interviewed by Law360 who also reportedly said he had never seen a test result as low as the limit set by USDA. Another possible issue is that the crop must be tested by a laboratory registered with the Drug Enforcement Administration, which may reduce the number of qualified firms to a single laboratory. Comments on the interim final rule will be accepted until December 31.
The U.S. Department of Agriculture (USDA) has issued an interim final rule "specifying the rules and regulations to produce hemp." The rule outlines provisions for USDA "to approve plans submitted by States and Indian Tribes for the domestic production of hemp" and "establishes a Federal plan for producers in States or territories of Indian Tribes that do not have their own USDA-approved plan." Under the rule, hemp producers must obtain licenses, maintain "information on the land on which hemp is produced," comply with procedures for testing tetrahydrocannabinol concentration levels and dispose of non-compliant plants. The rule took effect October 31, 2019, and the agency will accept comments until December 30, 2019.
Reps. Roger Marshall (R-Kan.) and Anthony Brindisi (D-N.Y.) have introduced the Real Marketing Edible Artificials Truthfully (MEAT) Act, which would "codify the definition of beef for labeling purposes, reinforce existing misbranding provisions to eliminate consumer confusion, and enhance enforcement measures available to the [U.S. Department of Agriculture] if the [Food and Drug Administration] fails to take appropriate action," according to Marshall's press release. "The lack of any Federal definition of 'beef' or 'beef products' for the purposes of meat food product labeling has led some to begin marketing imitation products as meat or beef, creating the opportunity for marketplace confusion and consumer fraud that Congress originally charged the various Federal food regulatory agencies with the duty to prevent," the bill's text states. "Imitation products labeled as beef or as beef products create confusion in the marketplace. These products are in direct violation of the 'Congressional Findings and Declaration of Policy'…
The U.S. Department of Agriculture (USDA) has published a set of changes to the National List of Allowed and Prohibited Substances, which documents the synthetic materials allowed or banned in the production and handling of organic agriculture. The amendments include the addition of "elemental sulfur for use as a molluscicide," the addition of "polyoxin D zinc salt to control fungal diseases" and the reclassification of magnesium chloride "from an allowed synthetic to an allowed nonsynthetic ingredient in organic handling." USDA also published a list of proposed changes and will accept comments on the proposal until December 17, 2019. The proposed rule would "add blood meal, made with sodium citrate, to the National List as a soil fertilizer," "add natamycin to the National List to prohibit its use" and "add tamarind seed gum as a non-organic agricultural substance for use in organic handling when organic forms of tamarind seed gum are…
The U.S. Department of Agriculture (USDA) and Food and Drug Administration (FDA) announced a number of developments in their work on organic food, poultry and food safety. FDA released an update on the implementation of the Food Safety Modernization Act (FSMA), announcing it will track outcomes for FSMA rules for inspections and recalls via the Food Safety Dashboard. One metric the agency will track is how quickly a company issues a public notice for a Class 1 recall for human and animal food. FDA has also released guidance on recall plans for its multipart guidance on “how to comply with the requirements for hazard analysis and risk-based preventive controls under our rule entitled ‘Current Good Manufacturing Practice, Hazard Analysis, and Risk-Based Preventive Controls for Human Food.’” USDA updated the National Poultry Improvement Plan (NPIP) Program Standards to incorporate proposed changes published in April 2019, including the amendment of the testing…
The U.S. Department of Agriculture's Food Safety and Inspection Service (FSIS) has announced a "final rule to modernize swine slaughter inspection and bring it into the 21st century." The rule "amends the regulations to require all swine slaughter establishments to develop written sanitary dressing plans and implement microbial sampling to monitor process control for enteric pathogens that can cause foodborne illness" and "allows market hog establishments to choose if they will operate under [the New Swine Slaughter Inspection System] or continue to operate under traditional inspection." In April 2019, The Washington Post compared the proposed rule to the relationship between aircraft manufacturers and the Federal Aviation Administration, and FSIS responded with a press release stating, "Shame on you, Washington Post. This story earns you at least four Pinocchios."
