Category Archives Department of Agriculture

The U.S. Department of Agriculture’s Food Safety and Inspection Service (FSIS) has announced the 33rd Session of the Codex Alimentarius Commission slated for July 5-9, 2010, in Geneva, Switzerland. FSIS seeks public comments before the meeting on “those standards that are currently under consideration or planned for consideration and recommendations for new standards.” The standards that will be put forward for approval during the commission meeting include those concerned with food contaminants, additives, pesticide residues, analysis and sampling methods, import and export inspections, labeling, hygiene, fish and fishery products, milk and milk products, fats and oils, and processed fruits and vegetables. Also slated for consideration in Geneva is the status of the Codex Strategic Plan, the impact of private standards and the management of the “Trust Fund for the Participation of Developing Countries and Countries in Transition in the Work of the Codex Alimentarius.” Before the general commission meeting, the Codex…

The U.S. Department of Agriculture’s Animal and Plant Health Inspection Service (APHIS) has published a notice of its intent to prepare an environmental impact statement (EIS) on genetically modified (GM) sugar beets. The agency had previously deregulated sugar beets genetically modified for glyphosate resistance without preparing an EIS and was ordered in September 2009 by a federal court in California to prepare one after its action was challenged by organic seed and nonprofit organizations. The court concluded that the environmental assessment which APHIS prepared failed to consider a number of environmental and related economic impacts of the GM crops. Thus, APHIS is planning to prepare an EIS and requests public comment by June 28, 2010, on the potential issues and reasonable alternatives it intends to include. Among those issues identified in the notice are data on production levels of organic and conventional sugar beets and other crops by region, state…

The U.S. Department of Agriculture (USDA) has announced an ambitious research effort “to determine the prevalence of parasites and disease-causing microorganisms that may be contributing to the decline of honey bee colonies nationwide.” According to a June 7, 2010, news release, the agency’s Animal and Plant Health Inspection Service (APHIS) and Agricultural Research Service (ARS) will join Pennsylvania State University in surveying 350 apiaries across 13 states: Alabama, California, Georgia, Indiana, Florida, Hawaii, Michigan, New York, Pennsylvania, South Dakota, Tennessee, Texas and Washington. Scientists will reportedly test the beehives for “specific pests and pathogens,” particularly a foreign mite of the genus Tropilaelaps. Noting that beekeepers currently provide pollination services for more than 90 commercial crops, USDA has registered a precipitous decline in honey bee populations since the 1980s. Researchers have apparently blamed the decline on numerous factors that include colony collapse disorder as well as newly introduced pests and diseases…

The U.S. Department of Agriculture (USDA) and Department of Justice (DOJ) recently held the second workshop in a series dedicated to competition and regulatory issues in agriculture. Held in Normal, Alabama, the forum reportedly focused on the poultry industry and featured the remarks of U.S. Attorney General Eric Holder and USDA Secretary Tom Vilsack, as well as roundtable discussions with farmers, academics and other stakeholders. According to a May 21, 2010, USDA press release, Holder reiterated that both agencies were committed to “protecting competition in those markets.” News sources have also noted Holder’s pledge to “understand why a growing number of American producers and farmers find it increasingly difficult to survive what they’ve done for decades.” A transcript of the proceedings will become available on the DOJ Antitrust Division website at a later date. See The Huntsville Times, May 21, 2010.

The U.S. Department of Agriculture’s (USDA’s) Food Safety and Inspection Service (FSIS) has issued a new set of performance standards to reduce the incidence of Salmonella and Campylobacter bacteria in young chickens and turkeys. The new standards hold poultry slaughterhouses more accountable by decreasing the number of samples allowed to test positive for the pathogens. After two years under the new standards, USDA predicts that 39,000 illnesses due to Campylobacter will be avoided each year as will 26,000 fewer illnesses attributable to Salmonella. Although Center for Science in the Public Interest (CSPI) Food Safety Director Caroline Smith DeWaal generally welcomed the standards, she lamented the fact that “USDA still lacks authority to enforce these standards by closing failing plants. For consumers to fully realize the benefits of the improved standards, Congress should reinstate USDA’s authority to enforce its performance standards.” In a related move, FSIS has issued the third edition of a…

While the president’s Task Force on Childhood Obesity released its action plan with 70 specific recommendations to significant praise and fanfare this week, nutrition professor and author Marion Nestle questioned whether the ideas will actually work given their reliance on voluntary collaboration and participation. She said in her blog, “Voluntary, as evidence demonstrates, does not work for the food industry. Much leadership will be needed to make this plan work. But these recommendations should give advocates plenty of inspiration to continue working on these issues.” First lady Michelle Obama joined several task force members when the report was issued and said, “For the first time, the nation will have goals, benchmarks, and measurable outcomes that will help us tackle the childhood obesity epidemic one child, one family, and one community at a time. We want to marshal every resource—public and private sector, mayors and governors, parents and educators, business owners…

The U.S. Department of Agriculture’s Animal and Plant Health Inspection Service (APHIS) has announced plans to publicize enforcement actions taken in response to violations of the Animal Welfare Act (AWA). Starting in June 2010, APHIS will issue monthly press releases that disclose (i) people and businesses charged with AWA violations, and (ii) information about closed enforcement cases and penalties levied. The agency has reportedly revived the practice, which was discontinued in 2002, as part of its crackdown on AWA offenses. “It is clear that certain repeat offenders are not taking issues of animal welfare and humane treatment seriously enough. In turn, APHIS will not only be moving more swiftly to take enforcement action, but we will be making information about those enforcement actions available to the public on our Website,” APHIS Administrator Cindy Smith was quoted as saying.

The U.S. Department of Agriculture’s Animal and Plant Health Inspection Service (APHIS) has announced three public meetings for stakeholders to offer input on a new framework for animal disease traceability. Specific details for a proposed animal disease traceability rule will be discussed on May 11, 2010, in Kansas City, Missouri, May 13 in Riverdale, Maryland, and May 17 in Denver, Colorado. Written comments will be accepted until May 31. Additional meetings will be announced in a future Federal Register notice. See Federal Register, May 5, 2010.

Oral argument in litigation over whether the U.S. Department of Agriculture (USDA) properly deregulated a genetically engineered (GE) alfalfa seed took place before the U.S. Supreme Court on April 27, 2010. Monsanto Co. v. Geertson Seed Farms, No. 09-475 (U.S.). The Ninth Circuit imposed a ban on use of the GE seed until the USDA completes an environmental impact statement that accounts for potential contamination of conventional alfalfa crops. While several justices questioned the appellate court’s authority to fully ban the product’s sale, Justice Antonin Scalia contended that GE crop planting “doesn’t even destroy the current plantings of non-genetically engineered alfalfa. This is not the end of the world. It really isn’t. The most it does is make it difficult for those farmers who want to cater to the European market, which will not accept genetically engineered alfalfa.” According to press reports, environmentalists and agribusiness, watching the case closely, filed…

Without a Senate-confirmed leader for the U.S. Department of Agriculture’s (USDA’s) Food Safety and Inspection Service (FSIS), target dates for ongoing rulemakings have apparently slipped in recent months. In January 2010, President Barack Obama (D) nominated Elisabeth Hagen to serve as USDA’s Under Secretary of Agriculture for Food Safety, but the Senate has failed to act on the nomination. According to USDA’s April 26, 2010, semiannual regulatory agenda, FSIS, which is responsible for the safety of meat, poultry and egg products, has completed only one rulemaking over the past six months, missing all 11 target dates set in its October 2009 agenda. Among the agency’s pending rules is a pathogen-reduction performance standard for all ready-to-eat and partially heat-treated meat and poultry products to control Listeria monocytogenes. It was initially proposed in 2001. See Federal Register, April 26, 2010; OMB Watch, April 28, 2010.

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