Tag Archives import/export

The U.K. Food Standards Agency (FSA) has announced a moratorium on the production of “desinewed meat” (DSM) from cattle, sheep and goats after the European Commission decided “that DSM does not comply with European Union [EU] single market legislation.” Produced using “a low pressure technique” to remove meat from bone but retain the structural integrity of the muscle fibers, DSM reportedly resembles “minced meat” and “is regarded as meat” by FSA. Although the Commission evidently does not view DSM as a health concern, it reportedly threatened to ban U.K. meat exports unless FSA issued a moratorium and reworked legislation to comply with the EU definition of “mechanically separated meat” (MSM), that is, “the product obtained by removing meat from flesh bearing bones after boning or from poultry carcasses, using mechanical means resulting in the loss or modification of the muscle fibre structure.” Meanwhile, the British Meat Processors’ Association (BMPA) has…

The U.S. Department of Agriculture’s (USDA’s) Animal and Plant Health Inspection Service (APHIS) has issued a 66-page proposed rule that would update import rules for bovine spongiform encephalopathy (BSE). The topic was discussed in Issue 427 of this Update. Current U.S. trade rules prohibit beef imports from countries that have outbreaks or high risks of BSE, commonly known as mad cow disease. Under the proposal, APHIS would adopt criteria used by the World Organization for Animal Health (OIE) that identify a country’s BSE risks as negligible, controlled or undetermined. Basing its import policy for a particular country on that country’s risk classification, APHIS would also conduct its own assessment, such as when a country is not yet classified by the OIE for BSE risk and requests APHIS to conduct a risk evaluation using OIE criteria. Countries would be considered an undetermined BSE risk unless officially recognized as negligible or controlled. Calling…

According to news sources, a 25-year-old trade dispute pitting European Union (EU) laws prohibiting the import of beef treated with growth hormones and U.S. and Canadian trade sanctions imposing hundreds of millions of dollars of duties on EU exports of Roquefort cheese, truffles, chocolates, and other comestibles has been resolved. The U.S. and Canadian tariffs reportedly cost EU exporters more than US$250 million annually. In exchange for lifting a 100 percent ad valorem duty against EU products, the EU has agreed to increase quotas on imports of hormone-free beef to 48,200 metric tons under the deal. The agreement will allow the EU to maintain its ban on imports of hormone treated beef. Additional details about the dispute appear in Issues 103, 255, 262, 278, and 289 of this Update. See Law 360 and European Parliament News, March 14, 2012.

Polish officials have reportedly withdrawn from commerce more than 500,000 pounds of food possibly contaminated with industrial salt intended for de-icing roads in winter conditions. According to media sources, Poland’s Central Bureau of Investigation has arrested five individuals accused of selling road salt to food processors for use in dairy, fish, meat, and baked goods. The Chief Sanitary Inspectorate (GIS) has since identified the non-iodized salt, which contains “minimal” levels of dioxin and heavy metals, at 48 different locations, but has reportedly emphasized the overall low risk to human health. “It can be concluded with a very high probability that the amounts of these compounds per 100 g of the food products do not pose a health hazard,” one GIS investigator was quoted as saying. See Polskie Radio, February 27 and March 7, 2012; Warsaw Business Journal, March 5, 2012; EurActiv.com, March 7, 2012. Despite this finding and the precautionary…

The Centers for Disease Control and Prevention (CDC) has released an analysis showing that disease outbreaks linked to imported foods apparently increased in 2009 and 2010. CDC experts reviewed data collected by the Foodborne Disease Outbreak Surveillance System from 2005 to 2010, finding that 39 outbreaks and 2,348 illnesses were tied to imported foods from 15 countries. According to CDC, 17 of the 39 outbreaks occurred in 2009 and 2010. Since 2005, imported fish was the most common source with 17 total outbreaks, followed by spices with six outbreaks, including five from fresh or dried peppers. Nearly 45 percent of the imported foods linked to outbreaks came from Asia. “It’s too early to say if the recent numbers represent a trend, but CDC officials are analyzing information from 2011 and will continue to monitor for these outbreaks in the future,” said CDC epidemiologist and lead author Hannah Gould. See CDC…

The Office of the U.S. Trade Representative (USTR) has announced a “historic new partnership” with the European Union that recognizes its organic standards as essentially equivalent to those administered by the U.S. Department of Agriculture (USDA). Effective June 1, 2012, the trade agreement will allow organic products certified by EU or USDA officials to be sold “as organic in either region.” “Previously, growers and companies wanting to trade products on both sides of the Atlantic had to obtain separate certifications to two standards, which meant a double set of fees, inspections and paperwork,” explains a February 15, 2012, USTR press release. “This partnership eliminates significant barriers, especially for small and medium-sized organic producers. All products meeting the terms of the partnership can be labeled as certified organic produce, meat, cereal, or wine.” According to USTR, the two parties conducted “thorough on-site audits” to ensure that their organic programs were compatible.…

The U.S. Department of Agriculture’s (USDA’s) Foreign Agriculture Service recently issued a Global Agricultural Information Network (GAIN) report concluding that a French proposal to prohibit all food packaging and materials containing bisphenol A (BPA) would “very likely… impact and jeopardize U.S. processed and other food exports to France.” Introduced after a French National Agency for Food Safety and Occupational and Environmental Health report questioned BPA’s safety, the legislation apparently reflects “strong political pressure from environmental and consumers’ groups,” as well as public distrust of the regulatory system following “the mad cow scandal, the Mediator diabetes drug scandal and even the PIP breast implant scandal.” As a result, the French food industry has evidently expressed concern that a BPA ban is unavoidable “in a short to medium term” even if the current bill is challenged at the EU level. The GAIN report warns U.S. companies that the proposed measure would require…

“Maybe we’re too inclined to believe the worst about supermarket food,” writes NPR’s Dan Charles in a November 25, 2011, column about a recent Food Safety News report suggesting that most honey sold in the United States does not deserve the name. According to NPR, the article in question implied that producers use a process known as “ultrapurification” to remove pollen from honey, thus preventing “anyone from detecting illicit honey from China.” “Food that doesn’t deserve its name, processed beyond recognition, probably adulterated, maybe unsafe, of unknown origin. It sounded so right, plenty of people decided that it just had to be true,” opines Charles, who upon further investigation found the entire story “misleading” at best. His research showed that most packers use diatomaceous earth before filtration to eliminate the microscopic particles of pollen, dust and bee parts which otherwise promote crystallization. Moreover, audits of the raw or pretreated honey…

A federal court in Illinois has determined that the government did not allege facts sufficient to pierce the corporate veil of related U.S. and foreign corporations and thus could not bring the foreign corporations before the court on charges of avoiding $80 million in customs duties on honey imported into the United States between 2002 and 2009. United States v. Alfred L. Wolff GMBH, No. 08-417 (N.D. Ill., decided September 26, 2011). A federal grand jury indicted the foreign defendants and a U.S. corporate entity on 44 counts in August 2010. The U.S. entity’s attorneys voluntarily accepted service on its behalf and on behalf of its parent and then appointed, via a shareholder resolution, a limited-authority corporate representative to appear before the court and enter a not-guilty plea for the U.S. defendants. This representative did so, and, immediately after the arraignment, the government served the representative with summonses for each of…

Del Monte Fresh Produce N.A. has filed a notice of dismissal in a Maryland federal court after the Food and Drug Administration (FDA) agreed to lift the import alert it imposed on cantaloupes from Guatemala that had purportedly been linked to a Salmonella outbreak. Del Monte Fresh Produce N.A., Inc. v. United States, No. 11-2338 (D. Md., dismissed September 27, 2011). Additional details about the case appear in Issue 407 of this Update. According to an FDA spokesperson, the agency lifted the restrictions on the basis of a company submission that included an independent audit showing that the Guatemalan farm was following good agricultural practices and tests indicating that none of the farm’s cantaloupes were positive for Salmonella. Public health advocates had reportedly called the lawsuit a bullying tactic, and Center for Science in the Public Interest’s Caroline Smith DeWaal said, “We would certainly hope that FDA has proof that…

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