Confirming a December 2014 “hand-shake” agreement, the European Parliament has reportedly approved a law giving member states the authority to regulate the cultivation of genetically modified organisms (GMOs) within their borders. Until the new rules take effect in spring 2015, EU member states can limit cultivation of approved GMOs only if they present new evidence to the European Food Safety Authority that demonstrates the crop is not safe for consumption. The new rules allow member states to prohibit GMO growth and cultivation on several grounds, including “town and country planning requirements, socio-economic impact, avoiding the unintended presence of GMOs in other products and farm policy objectives.” The legislation also creates a procedure allowing a GMO crop company to consent to proposed restrictions to avoid a unilateral ban on its product. Additional information about the 2014 political agreement appears in Issue 548 of this Update. See European Parliament Press Release, January 13,…
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A “hand-shake” agreement between the European Union’s Parliament and Council will reportedly end an ongoing dispute over member state control of internal food markets in relation to genetically modified organism (GMO) cultivation. European Commissioner for Health and Food Safety Vytenis Adriukaitis reportedly said, “The agreement, if confirmed, would meet member states’ consistent calls since 2009, to have a final say on whether or not GMOs can be cultivated on their territory, in order to better take into account their national context and, above all, the views of their citizens.” Under the proposal, each EU country would have the authority to prohibit or restrict GMO cultivation for reasons other than food safety, including those involving socioeconomic effects, environmental concerns and agricultural policy goals. Current law allows member states to petition the European Food Safety Authority to limit such cultivation, but they must present scientific evidence showing the product is not safe to…
The European Food Safety Authority (EFSA) has launched a risk assessment in response to the European Commission’s urgent request for scientific advice on the H5N8 avian influenza A virus detected in Germany, the Netherlands and the United Kingdom. Focusing on the role of wild birds as vectors, EFSA plans to release a December 2014 report that will provide risk managers “with independent scientific advice and assistance on animal health and welfare related to avian influenza and any possible food safety issues.” See EFSA News Release, November 26, 2014. In a related development, the U.S. Department of Agriculture’s Animal and Plant Health Inspection Service has amended an interim rule restricting the importation of live birds and poultry, hatching eggs and poultry products “from regions where any subtype of highly pathogenic avian influenza (HPAI) is considered to exist.” Effective December 1, 2014, the final rule now permits the importation of HPAI-resistant species, including pigeons…
The European Union’s (EU’s) Court of Justice has determined that the law requires fresh poultry meat to satisfy the microbiological criteria for foodstuffs and that national law may impose a penalty on “a food business operator which is active only at the distribution stage” for placing a contaminated food product on the market. Reindl v. Bezirkshauptmannschaft Innsbruck, No. C-443/13 (E.C.J., decided November 13, 2014). The issue arose from an Austrian proceeding involving a fine imposed on a food retail manager after a sample from her store of vacuum-packed fresh turkey breast produced and packed by another company was found to be contaminated with Salmonella Typhimurium. The Unabhāngiger Verwaltungssenat in Tirol stayed the proceeding and referred to the EU court the questions whether (i) food business operators “active at the food distribution stage” are subject to the full regime under Regulation (EC) No 2073/2005, and (ii) the microbiological criterion in the…
The Center for Food Safety and two other public interest organizations have filed a lawsuit against the U.S. Food and Drug Administration (FDA) seeking to overturn its approval of 11 animal drugs containing ractopamine hydrochloride on the ground that the agency failed to undertake the analysis purportedly required under the National Environmental Policy Act (NEPA) before approving them. Ctr. for Food Safety v. Hamburg, No. 14-4932 (N.D. Cal., filed November 6, 2014). The Center previously petitioned FDA to reduce the allowable levels of ractopamine, administered in animal feeds to boost growth and leanness in meat production, and to study its potential effects on human health and animal welfare. Information about the petition appears in Issue 466 of this Update. The complaint sets forth the effects these drugs allegedly have on livestock, like pigs, and on the environment. The plaintiffs claim that the company that makes ractopamine has acknowledged the “risk…
The European Commission (EC) and European Food Safety Authority (EFSA) have launched public consultations seeking comments on endocrine active substances and draft genetically modified (GM) plant guidance. In accordance with regulations governing biocides and plant protection products, the commission has asked the public “to help define criteria for endocrine disruptors” as part of its effort to identify and regulate substances that interact with human and animal hormone systems. “Endocrine disrupting chemicals have triggered a substantial debate: there are strong signals from science, there is increasing public and political concern and awareness, while some stakeholders still have doubts,” said European Commissioner for the Environment Janez Potočnik. “Europe is watching—we need these criteria to improve protection and give industry the certainty it requires. Citizens and stakeholders can help us make an informed decision.” See EC Press Release, September 29, 2014. In addition, EFSA’s Panel on Genetically Modified Organisms has requested views on…
Animal rights organization People for the Ethical Treatment of Animals (PETA) is currently engaged in a campaign to ban foie gras production throughout the European Union (EU). Writing in the September 17, 2014, issue of The Parliament Magazine, PETA UK Director Mimi Bekhechi urges readers to sign a letter to EU officials calling on them to stop the production of foie gras, produced by force-feeding ducks and geese to enlarge their livers, in Belgium, Bulgaria, France, Hungary, and Spain. Bekhechi cites scientific evidence as clear proof “that the production of foie gras is not only cruel but also incompatible with the European Commission’s regulations on food production.” According to PETA, more than 200,000 individuals have already signed the letter. PETA also claims that “many animals on foie gras farms are kept in cramped cages that do not comply with Council of Europe recommendations.” Issue 538
Russia has relaxed its food ban against the European Union by clarifying that it will allow imports of salmon and trout hatchlings, potato and onion seed, sugar maize hybrid and peas for planting, lactose-free milk, flavor additives, and food fibers. The move follows criticism from within the country on the effects the import prohibitions would have on Russians, and according to the Moscow Times, it will also ease the bans’ burden on neighboring Finland. To soften the effects on the markets for fruits and vegetables for the rest of Europe, the European Union has set aside €125 million to compensate producers for keeping several of their perishable products off the market to avoid a price collapse. Further information on Russia’s food bans appears in Issue 533 of this Update. See CNN, August 18, 2014, and Moscow Times, August 21, 2014. Within Russia, consumer protection agency Rospotrebnadzor has introduced fines—between 20,000 and…
The European Union (EU) and the Southern African Development Community (SADC)—Botswana, Lesotho, Mozambique, Namibia, South Africa, and Swaziland—have agreed to protect each other’s geographical indication (GI) names on agricultural products. The EU lists 251 GIs it seeks to protect for a variety of products, focusing especially on dairy products like cheese, while South Africa’s 105 GIs are primarily wine-related. As a result of the agreement, the countries will allow the labeling of a product as the GI only if it originated from a designated area, but they will respect previously registered trademarks. “[GIs] are a key tool to protect the know-how of farmers and develop added value in quality agricultural products,” said EU Agricultural Commissioner Dacian Ciolos. See Law360, July 22, 2014. Issue 531
At the request of 13 member states, the Council of the European Union (EU) has adopted a draft directive granting its member states “more flexibility to decide whether or not they wish to cultivate genetically modified organisms (GMOs) on their territory.” In a July 23, 2014, press release, the council states that it sought “to provide a sound legal basis in the related EU legal framework in order to allow member states to restrict or prohibit the cultivation, in all or part of their territory, of GMOs that have been authorised or are under authorisation at the EU level.” The measure was originally proposed in 2009 but stalled after a 2011 draft; in June 2014, the EU Environmental Council reached a political agreement that led to this draft directive, which the council projects will be adopted in 2015. See Law360, July 23, 2014. Issue 531
