The European Commission (EC) has issued a draft rule amending Regulation 1169/2011—a food information and labeling rule adopted in 2011—with regard to use of the term “nano” to describe food additives. The amended rule requires adherence to the definition of “engineered nanomaterial” provided in Recommendation 2011/696/EU, because this rule “reflects the technical and scientific progress to date.” The revised rule further states that the definition of a nanomaterial should be “linked” to the International Organization for Standardization’s definition that an engineered nanomaterial is “a nanomaterial designed for a specific purpose or function.” According to the revised regulation, some food additives, which had been registered as “nano,” may no longer be categorized as such. Noting that it would be “unsuitable” and confusing for certain food additives to be preceded by the word “nano,” the revision states that “food additives included in the [Union lists] should not be mandatorily qualified as ‘nano’ in the…
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According to news sources, French President François Hollande has said that the country will maintain its prohibition on growing genetically modified (GM) corn sold by Monsanto, despite a Council of State court ruling reversing the moratorium on the ground that it had little legal basis. The ban on MON810 corn has been in effect in France since February 2008 and was extended in 2012. The July 29, 2013, court ruling was the second to overturn the ban—the first ruling, in 2011, was also ignored by former President Nicolas Sarkozy. While Monsanto was not a party, it said in response to the verdict, “The decision by the Conseil d’État is welcome support for a science- and evidence-based approach to GM crop policy in France and the EU. The decision confirms that farmers throughout the EU should have the right to use seeds that European authorities have approved for use throughout the…
Responding to a request from the European Commission, the European Food Safety Authority (EFSA) has announced plans to complete a draft scientific opinion on acrylamide by mid-2014 using “hundreds of scientific studies” as well as new data from food business operators, consumer organizations and other stakeholders. According to a July 15, 2013, news release, EFSA’s Panel on Contaminants in the Food Chain (CONTAM Panel) will use information and research solicited in April 2013 to assess “the toxicity of acrylamide for humans and update its estimate of consumer exposure through the diet.” After a public consultation, the CONTAM Panel aims to finalize its assessment during the first half of 2015. “In 2005, EFSA stated that acrylamide may be a human health concern and that efforts should be made to reduce exposure to this substance through the diet,” said the agency. “EFSA’s comprehensive assessment of this scientific issue will allow EU decision-makers to…
The U.K. Food Standards Agency (FSA) has requested public comments about a novel foods application submitted by a U.S. company seeking permission to use refined oil from Bugglossoides arvensis seeds in its food products. The company suggests in the application that the oil is a rich source of omega-3 and omega-6 fatty acids and could be consumed by people who want to increase their intake of omega-3 fatty acids, but are unwilling or unable to consume fish oils—vegetarians, for example. The applicant also indicated that oil made from Bugglossoides arvensis seeds is similar in composition to Echium oil, which is already approved for use in foods in the European Union. FSA will accept comments until July 15, 2013. See FSA News Release, June 25, 2013.
The European Food Safety Authority (EFSA) recently published its recommendations for improving meat inspection procedures in the European Union (EU) after a previous assessment found that “traditional practices... are not always suitable for detecting the main meat borne hazards such as Campylobacter and Salmonella or contamination by chemical substances.” Billed as “a major piece of work that will provide the scientific basis for the modernization of meat inspection across the EU,” the four new opinions address the potential public health risks of meat derived from solipeds, farmed game, sheep, goats, and cows, in addition to setting “harmonized epidemiological indicators” for identifying biological hazards. Looking at data on the incidence and severity of foodborne diseases in humans as well as the outcomes of various residue testing programs, EFSA’s experts ranked the biological and chemical hazards of particular concern for each species, singling out verocytotoxin-producing E. coli, dioxins and dioxin-like polychlorinated biphenyls as…
The European Commission (EC) has announced a public consultation on the Nanomaterial Annexes to the regulations governing the Registration, Evaluation, Authorization and Restriction of Chemical (REACH) substances. As recommended in the General Review of REACH published in February 2013, the consultation will contribute to the Commission’s “impact assessment of relevant regulatory options, in particular possible amendments of REACH Annexes, to ensure further clarity on how nanomaterials are addressed and safety regulations demonstrated in registration dossiers.” To this end, the EC has asked “informed experts user[s]” to complete a questionnaire about the technical provisions of the REACH Annexes, including whether the current definition of nanomaterials has changed the way companies account for nanomaterials in their portfolio or conduct safety assessments. The survey also seeks input on five proposals being considered by the Commission as it looks to update REACH’s registration requirements by the end of 2013. These proposals include (i) altering…
The European Parliament has reportedly passed legislation regarding the labeling and content of baby formula and other foods for special medical purposes. Included in the new rules, which reportedly take effect in 2016, is a ban on the use of images of babies on infant formula packaging. Specifically, the new rules state that the labeling, presentation and advertising of infant formula and follow-on formula (for babies ages 6 to 12 months old) must not include “pictures of infants, or other pictures or text which may ideali[z]e the use of such formula[]” in order “not to discourage breast-feeding.” Graphic representations intended for “easy identification of the formula and for illustrating methods of preparation” will evidently still be permitted. See European Parliament News Release, June 11, 2013.
The U.S. Department of Agriculture’s Food Safety and Inspection Service (FSIS) recently issued a notice directing import inspectors to increase “species sampling and testing” on products from countries affected by the European Union’s ongoing investigation into beef contaminated with horsemeat. According to the new order, FSIS has scheduled “increased species sampling for product from Iceland, Ireland, Poland, the United Kingdom, and Northern Ireland via PHIS [Public Health Information System],” but dropped Brazil from the list of those countries requiring special attention from inspectors. “We are confident that the inspection system at ports of entry ensures the safety of products that come into our country every day,” said FSIS spokesperson Catherine Cochran. “However, in response to recent events and consumer concerns, we are increasing species testing to enhance current safeguards and prevent fraudulently labeled products from entering the country.” See Bloomberg, April 4, 2013.
Citing public concerns about the presence of horsemeat in beef products, European Union (EU) Health and Consumer Policy Commissioner Tonio Borg recently called an emergency meeting of agricultural ministers and urged member states to conduct random DNA testing on processed beef products for three months beginning March 1, 2013. The measure builds on an ongoing investigation initiated by the U.K. Food Safety Agency (FSA) and Food Safety Authority of Ireland, which first reported finding equine and porcine DNA in beef products in January 2013 and have since ramped up testing protocols after other member states, including France and Germany, allegedly received contaminated products from suppliers across the European Union. See European Food Safety Authority, February 11, 2013. According to various media reports, retailers in 16 countries have sold mislabeled horsemeat to millions of consumers, a development that has prompted officials to demand criminal sanctions against those deemed responsible for what…
Dutch social and political science professors have presented a case study on marketing a functional food in the European Union (EU) to demonstrate that nontextual marketing, which the European Food Safety Authority (EFSA) is apparently ill-equipped to regulate, plays a larger role in consumer purchasing decisions than textual product messages. Herman Lelieveldt and Cris Boonen, “EU Health Claims Regulation and the Marketing of Functional Foods: A Regulatory Void?,” 3 European Journal of Risk Regulation 577 (2012). They considered a marketing campaign for Optimel Control®, a yogurt drink first launched in the Netherlands in 2007 with great success but later withdrawn after expansion to other countries due to insufficient sales volume. It contained an ingredient that EFSA ruled in 2011 was not effective to control or manage weight. According to the study, the textual health claims constituted “a relatively small element in conveying the ‘stay in control’ message of Optimel Control.” Those claims,…
