Category Archives Department of Agriculture

The U.S. Department of Agriculture’s (USDA’s) National Organic Program (NOP) has announced that its 2006 decision approving the fortification of organic infant formula and organic milk products with synthetic omega-3 fatty acid DHASCO (DHA) and omega-6 fatty acid ARASCO (ARA) resulted from an incorrect interpretation of nutritional guidelines and NOP board recommendations. Thus, DHA and ARA, present in 90 percent of organic infant formulas, will no longer be permitted in foods certified as organic, and NOP plans to issue draft guidance, subject to a 60-day public comment period, to “provide a transition time for businesses to reformulate products to comply with the regulations.” Organics watchdog Cornucopia Institute recently re-filed a complaint with the NOP contending that the use of DHA and ARA in organic infant formulas and organic dairy foods constitutes a possible violation of NOP regulatory standards. The institute claimed that a former NOP director overruled the determination of…

The U.S. Department of Agriculture (USDA) and Department of Health and Human Services (HHS) have announced the sixth and final meeting of the Dietary Guidelines Advisory Committee, which is soliciting public comment on its draft report titled “Dietary Guidelines for Americans.” USDA and HHS publish the report at least every five years “after a thorough review of the most current scientific and applied literature.” Topics to be discussed in the May 12, 2010, meeting include (i) “Nutrient Adequacy”; (ii) “Energy Balance and Weight Management”; (iii) “Carbohydrates and Protein”; (iv) “Sodium, Potassium and Water”; (v) “Fatty Acids and Cholesterol”; (vi) “Alcohol”; and (vii) “Food Safety and Technology.” Comments are requested by April 29, 2010. See Federal Register, April 20, 2010.

The Cornucopia Institute has called for action by the U.S. Department of Agriculture (USDA) and the Federal Trade Commission (FTC) to stop what it alleges is the misleading practice of companies using the word “organic” in their names while selling foods not certified organic. In its April 22, 2010, letter to the USDA’s deputy administrator, the institute contends that the agency has the authority “to take enforcement action against the misuse of the term ‘Organic’ in company names.” It specifically cites Oskri Organics, Organic Bistro and Newman’s Own Organics as companies that sell a variety of food products some of which, but not all, are certified organic. According to the institute, this practice “is not only highly misleading to consumers, but also in violation of the organic standards.” The letter addressed to the FTC chair calls the practice a violation of unfair competition law and calls for a formal investigation…

A coalition of groups representing farmers, public health, environmental, and organic food interests has submitted a comment to the Food and Drug Administration (FDA) and U.S. Department of Agriculture (USDA) seeking changes to the draft position on labeling genetically modified (GM) products that the U.S. Codex delegate plans to bring to the May 3-7, 2010, meeting of the Codex Committee on Food Labeling. The coalition calls for the U.S. delegate to support “a Codex document that simply states that countries can adopt different approaches to labeling of GM/GE foods, in line with existing Codex guidance.” According to the April 20 letter, the current U.S. position opposing that document “could potentially create significant problems for food producers in the US who wish to indicate that their products contain no GE ingredients, including on organic food, where genetic engineering is a prohibited method.” The signatories, including the Consumers Union, Union of Concerned…

The U.S. Department of Agriculture’s (USDA’s) National Organic Standards Board (NOSB) has requested nominations for five upcoming vacancies. The 15-member board is charged with developing and recommending a proposed National List of Allowed and Prohibited Substances. NOSB is seeking two organic producers, two “consumer/public interest” individuals and a USDA-accredited certifying agent to serve five-year terms. Written nominations must be postmarked on or before July 17, 2010. See Federal Register, March 22, 2010.

The U.S. Department of Agriculture’s (USDA’s) Food Safety and Inspection Service (FSIS) has issued a directive that revises its list of suitable ingredients that can used in the production of meat, poultry and egg products. FSIS will update the directive quarterly by issuing revisions as opposed to amendments. FSIS has added hypobromous acid and oat filler as suitable ingredients for certain processes. Hyporomous acid, which can kill the cells of many pathogens, may be used in water or ice under specific conditions to process meat and poultry products. Oat filler can be used in various meat products where binders are permitted and in whole muscle meat products “not to exceed 3.5 percent of the product formulation.” Oat filler must be listed as an “isolated oat product” or “modified oat product” in the ingredients statement and whole muscle meat products must be descriptively labeled.

The U.S. Department of Agriculture’s (USDA’s) Office of Inspector General (IG) has released a report, which finds that the federal government’s “national residue program is not accomplishing its mission of monitoring the food supply for harmful residues” of veterinary drugs, pesticides and heavy metals. According to the report, federal agencies have failed to establish thresholds for “dangerous substances” such as copper or dioxin, an omission that “has resulted in meat with these substances being distributed in commerce.” The IG also found that USDA’s Food Safety and Inspection Service (FSIS), which is responsible for the national residue program, “does not attempt to recall meat, even when its tests have confirmed the presence of veterinary drugs.” Among other matters, the report calls for (i) better coordination among FSIS, the Environmental Protection Agency and the Food and Drug Administration; (ii) an expansion of the substances these agencies test for; (iii) improvements to the…

The U.S. Department of Agriculture’s (USDA’s) Bee Research Laboratory has released the preliminary results of a survey estimating that honeybee colony losses nationwide “were approximately 29 percent from all causes from September 2008 to April 2009,” touching off speculation about the fate of the ubiquitous pollinator. Federal investigators reported that only 15 percent of all colonies lost during the 2008/09 winter apparently died of colony collapse disorder (CCD), leading USDA to emphasize “the urgent need for research” on general honeybee health. “It’s just gotten so much worse in the past four years,” USDA Research Leader Jeff Pettis was quoted as saying. “We’re just not keeping bees alive that long.” According to media sources, apiary experts have blamed the honeybee die-off on a combination of viruses, bacteria and pesticide residues. In particular, beekeepers have cited a March 19, 2010, study published in PLoS One that reportedly identified at least one systemic pesticide…

The U.S. Department of Agriculture’s Food Safety and Inspection Service (FSIS) has announced an April 7, 2010, public meeting to discuss draft U.S. positions for the 38th Session of the Codex Committee on Food Labeling (CCFL) slated for May 3-7, 2010, in Quebec City, Canada. Issues to be discussed include (i) “Labeling Provisions in Draft Codex Standards”; (ii) “Implementation of the WHO Global Strategy on Diet, Physical Activity, and Health,” which includes consideration of the “List of Nutrients That Are Always Declared on a Voluntary or Mandatory Basis,” and the legibility and readability of nutrition labeling; (iii) “Guidelines for the Production, Processing, Labeling and Marketing of Organically Produced Foods”; (iv) “Labeling of Foods and Food Ingredients Obtained through Certain Techniques of Genetic Modification/ Genetic Engineering”; and (v) “Discussion Paper on the Need to Amend the General Standard for the Labeling of Prepackaged Foods in Line with the International Organization of…

The U.S. Department of Agriculture’s Food Safety and Inspection Service (FSIS) has issued a proposed rule designed to enhance the safety of meat and poultry products. The proposal would require that regulated establishments (i) promptly notify FSIS if any unsafe, unwholesome or “misbranded meat or poultry product has entered commerce”; (ii) “prepare and maintain current procedures for the recall of meat and poultry products produced and shipped by the establishment”; and (iii) “document each reassessment of the establishment’s process control plans, that is, its Hazard Analysis and Critical Control Point plans.” According to a March 25, 2010, Federal Register notice, the proposed rule is needed because (i) “FSIS believes that prompt notification that adulterated or misbranded product has entered commerce is an important prerequisite for effective action to prevent such product from causing harm”; (ii) “having established procedures will help establishments to conduct effective and efficient recalls, should it be…

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