Category Archives Other Developments

As the Canadian Food Inspection Agency (CFIA) unveiled tougher Listeria-testing rules for ready-to-eat meat manufacturing facilities at the end of February 2009, one of the federal government’s food safety advisors reportedly claimed that the rules do not go far enough for large operations. The tougher rules resulted from last summer’s listeriosis outbreak that purportedly led to the deaths of 20 Canadians and was traced to ready-to-eat meats produced at a Maple Leaf plant in Toronto. The company reportedly cited the build up of Listeria “deep inside” two slicing machines as the most likely source. Under the new rules, effective April 1, operators producing deli meats and hot dogs must (i) begin testing food-contact surfaces up to once a week per line; (ii) look for trends in the results to catch potential problems; (iii) report all positive tests immediately to agency inspectors, who will be required to increase the frequency of…

The Wall Street Journal reports that scientists in New Zealand are studying ways to keep sheep and other ruminants from belching methane when they eat and regurgitate grass. Methane is apparently a significant contributor to greenhouse gases, and researchers currently believe that livestock is more responsible for greenhouse gas emissions than cars. Among the approaches being considered to reduce belching incidence is to change the animals’ diets, feed them various chemicals or even breed new sheep. A livestock expert from Massey University reportedly acknowledged that “[a] lot of people think we’re insane,” but as awareness of the problem has grown, governments around the world are looking for ways to address it. Farmers, reportedly skeptical of environmental concerns, worry that regulatory agencies will eventually tax “bovine belches,” and face activist campaigns to decrease meat consumption in the name of slowing climate change. See The Wall Street Journal, February 26, 2008.

South Korean regulators have reportedly detected a bacteria associated with infant meningitis and enteritis in a shipment of organic baby formula imported from France. The Korean National Veterinary Research and Quarantine Service (NVRQS) identified Enterobacter sakazaki in formula originating with the Bordeaux-based manufacturer Vitagermine, which stated that its products passed EU standards before shipment. The World Health Organization has categorized E. sakazaki as a harmful bacteria capable of causing serious illness and fatalities in people with weakened immune systems and infants. South Korea has apparently imported eight shipments of Vitagermine formula weighing a total of 1,492 kilos since 2007, according to NVRQS, which noted that six of these shipments reached the market. Vitagermine has agreed to allow French authorities to conduct additional testing to ensure the safety of their product. See FoodProductionDaily.com, February 28, 2009.

European animal advocates and some European Commission (EC) members recently attended a Conference on Global Trade and Farm Animal Welfare in Brussels, Belgium, where they reportedly called on legislators to include animal welfare provisions in all global trade agreements. In particular, EC members noted that animal welfare restrictions have driven up the cost of meat production in Europe, making it more economical to import these products. They thus urged Europe to demand equivalency standards in international trade agreements similar to those already in place for biotechnology. The National Cattlemen’s Beef Association’s chief veterinarian, Elizabeth Parker, noted that Europe bases its welfare standards on non-scientific factors, pointing to the practice of using “Eurobarometer” surveys to craft policies in line with public opinion. “The ultimate goal is to make sure we take care of our animals and produce safe and affordable beef supply and we do that,” stated Parker in an interview…

General Mills has announced that as of August 2009, its Yoplait® products will no longer contain milk produced by cows treated with synthetic growth hormone (rBST or rBGH). Although the artificial hormone increases a cow’s milk production by one gallon per day, its use has drawn criticism from environmental and consumer advocates who fear the hormone could adversely affect human health. Its use is supported by the U.S. Department of Agriculture, but banned in Canada, Australia, Japan, and other nations in part because of its purported impact on bovine health. “While the safety of milk from cows treated with rBST is not at issue, our consumers were expressing a preference for milk from cows not treated with rBST, and we responded,” a General Mills spokesperson was quoted as saying. See The Star Tribune, February 9, 2009; Food & Water Watch Blog, February 10, 2009.

The Pew Environment Group has released documents obtained through a Freedom of Information Act request showing that the U.S. Food and Drug Administration (FDA) faulted three Chilean salmon farming companies, “including the two largest producers of farmed salmon,” for using a number of drugs not approved by the U.S. government. FDA inspections apparently uncovered use of the antibiotics flumequine and oxolinic acid and the pesticide emamectin benzoate, as well as trace residues in products intended for the U.S. consumers. The agency then informed the Chilean companies that, “if the drug is not listed in the approved drug list . . .  they are not allowed to use the drug to treat salmon destined for distribution in the U.S., not even if they meet withdrawal periods and no tissue residue can be detected.” The Pew Environment Group applauded the FDA stance, but urged the agency to enforce its standards abroad. “Standards and…

The American Bar Association’s Litigation Section sponsored a “Hot Topics in Food Law” program via the Web and telephone on February 10, 2009. Speakers included in-house counsel for a large food manufacturing company, a Grocery Manufacturers Association (GMA) representative and Stephen Gardner, the director of litigation for the Center for Science in the Public Interest (CSPI). They focused on the most recent “ingredient-driven” foodborne contamination outbreaks, including pet food and infant formula containing melamine and peanut butter products tainted with Salmonella. In light of such incidents, the speakers emphasized that food companies must carefully manage their supply chains through independent, reliable audits and the establishment and communication of clear, achievable food safety standards. After the recent peanut butter recall, companies will likely focus on company-to-company tracing issues. A speaker representing the outside counsel perspective focused on bisphenol A and discussed recent initiatives to ban it in Canada and list it…

The Center for Science in the Public Interest (CSPI) has sent letters to retailers, calling on them to use their membership and bonus card data, which track customer purchases, to provide targeted warnings when tainted foods are subject to recall. Noting that some companies with bonus card programs already issue food safety alerts and, in fact, notified their affected customers by phone and mail “in response to the peanut recall,” CSPI expressed its hope that “your company will do its part to protect your customers’ health and help restore their confidence in the food supply.” According to a CSPI staff attorney, “It would be outrageous if some of the deaths in this latest [contaminated peanut butter] outbreak could have been prevented had a supermarket just used the phone numbers and addresses in its database to notify its customers. It’s not enough just to take the tainted product off the supermarket shelf.…

Federal agents reportedly raided a major organic fertilizer producer in Bakersfield, California, over concerns that it was using a synthetic nitrogen, which is banned from organic farms. Port Organic Products Ltd. is believed to produce up to half the liquid fertilizer used on the state’s organic farms. The raid follows by about a month press reports that state regulators quietly pulled the product of another fertilizer producer, with about a third of California’s market share, from the organic market in November 2007 for similar problems. Synthetic nitrogen is apparently cheaper than approved nitrogen sources such as ground-up fish and chicken feathers, and it is hard to detect. No charges have been filed against Port Organic, and federal officials were reportedly not commenting on their investigation, but a county environmental health services department evidently imposed fines on the company for improperly storing thousands of gallons of aqua ammonia, a common synthetic nitrogen…

The Center for Science in the Public Interest (CSPI) has criticized the National Collegiate Athletic Association’s (NCAA’s) policy on alcohol marketing during sanctioned events, claiming that beer was the “second most-advertised product” in the Final Four basketball tournament. CSPI allegedly found that beer promotions constituted 12 percent of all advertisements during the Final Four, but only 6 percent of those featured during the Bowl Championship Series, where “beer was the seventh most-advertised product.” The consumer watchdog has purportedly sent a letter to NCAA President Myles Brands, reiterating its long-standing request for NCAA to prohibit all alcohol advertising during its games. In addition, CSPI noted that hundreds of college presidents, athletic directors and coaches last year petitioned the association to further restrict its alcohol marketing policies. “The NCAA lags far behind other organizations when it comes to protecting its young audience from beer ads,” stated CSPI’s George Hacker. See CSPI Press…

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