The Food and Drug Administration (FDA) has issued a request for “comments and scientific data and information on acrylamide in food,” noting that the agency is considering industry guidance on this issue. Describing acrylamide as “a chemical that can form in some foods during certain types of high-temperature cooking,” the agency is seeking information from manufacturers on how to measure and reduce
acrylamide levels in food. The agency has also asked responders to provide detailed feedback about: (i) techniques for acrylamide mitigation; (ii) best monitoring practices; (iii) standard practices for the delivery, storage, temperature control, reconditioning, and screening of potatoes; (iv) changes to food packaging instructions and other measures that can reduce acrylamide levels during a product’s final preparation by consumers; (v) food types for which the agency could recommend target acrylamide levels; and (vi) achievable acrylamide levels for french fries, potato chips, breakfast cereals, coffee, cookies, and other baked goods and corn-based snacks. FDA will accept written comments and scientific data until November 24, 2009. See Federal Register, August 26, 2009.

Meanwhile, Health Canada has recommended adding acrylamide to schedule 1 of the Canadian Environmental Protection Act (CEPA 1999), the Health Canada Cosmetic Ingredient Hotlist and the Environmental Emergencies Regulations of CEPA 1999. The government aims to reduce Canadians’ exposure to acrylamide by following a three-pronged risk management approach that includes (i) “pressing the food industry to develop and implement acrylamide reduction strategies for use by food processors and the food service industry”; (ii) “regularly updating consumption advice”; and (iii) “coordinating risk management efforts for acrylamide in food with key international food regulatory partners.” Health Canada apparently reached its final assessment on acrylamide despite several recent studies finding no link between acrylamide and various cancers. See Health Canada Press Release, August 21, 2009; FoodNavigator-USA.com, August 26, 2009.

About The Author

For decades, manufacturers, distributors and retailers at every link in the food chain have come to Shook, Hardy & Bacon to partner with a legal team that understands the issues they face in today's evolving food production industry. Shook attorneys work with some of the world's largest food, beverage and agribusiness companies to establish preventative measures, conduct internal audits, develop public relations strategies, and advance tort reform initiatives.

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