Del Monte Fresh Produce N.A., Inc. has sued the Food and Drug Administration (FDA), seeking a declaration that the agency has “engaged in a pattern or practice that constitutes agency action unlawfully withheld or unreasonably delayed” in connection with several cantaloupe shipments from Guatemala. Del Monte Fresh Produce N.A., Inc. v. U.S., No. 08-02161 (D.D.C., filed December 11, 1008). According to the complaint, the FDA denied release of the shipments until it completed testing for salmonella. The FDA has purportedly failed to respond to company requests for expedited testing and has yet to release the fruit, which is “overripening” and will cost the company more than $4.5 million in losses. A 10-day hold in 2007 allegedly cost the company almost $1 million. Del Monte claims that independent tests have failed to show that the shipments are infected with salmonella and contends that it “has never had a positive test for salmonella…
Tag Archives import/export
The Canadian government has reportedly filed a complaint with the World Trade Organization (WTO), challenging the U.S. country-of-origin labeling (COOL) law. According to a news source, Canada alleges that COOL will impose unnecessary costs on meatpackers that use Canadian livestock and could lead to additional and more stringent labeling requirements in other countries. Canadian Trade Minister Stockwell Day was quoted as saying, “We believe that the country-of-origin legislation is creating undue trade restrictions to the detriment of Canadian exporters.” The complaint initiates a consultation period, which, if unsuccessful, could lead to resolution by a WTO dispute settlement panel. Canadian beef and pork producers recently called on the government to institute such action; further details about their concerns appear in issue 281 of this Update. See Meatingplace.com, December 2, 2008.
FDA this week released a progress report on the Food Protection Plan launched in November 2007 to address “both food safety and food defense for domestic and imported products.” The report states that federal regulators are "working collaboratively across the agency to implement the three-core elements of protection: prevention, intervention and response.” It particularly notes that FDA has (i) established offices in China and India, with the intention of expanding its presence in Europe, Latin America and the Middle East; (ii) developed melamine and cyanuric acid testing for animal feed; (iii) developed rapid detection methods for E. coli and Salmonella; (iv) enhanced its ability to track foodborne illness outbreaks; (v) signed cooperative agreements with six states to form rapid response teams to handle emergencies; and (vi) approved the use of irradiation for iceberg lettuce and spinach. FDA also inspected 5,930 high-risk domestic food establishments in fiscal year 2008 and plans…
FDA has reportedly opened the first of several overseas offices in Beijing, China, where eight U.S. officials described as “inspectors and senior technical experts in foods, medicines and medical devices” will work with Chinese regulators to improve export safety. FDA plans to launch two additional branches in Shanghai and Guangzhou, as well as expand its presence in India and Latin America. The agency will also train and certify third-party inspectors to ensure the safety of products bound for the U.S. market. FDA has lately come under fire for failing to “[keep] pace with the growing number of food firms,” according to the U.S. Government Accountability Office, which said federal regulators have “little assurance that companies comply with food-labeling laws and regulations.” Furthermore, China’s reputation has suffered both domestically and abroad as reports of melamine-tainted infant formula and agricultural products continue to surface. “We're opening up a new era, not just new…
The U.S. Department of Agriculture (USDA) and Food and Drug Administration (FDA) have announced a November 4, 2008, public meeting to consider agenda items coming before the 17th Session of the Codex Alimentarius Committee on Food Import and Export Inspection and Certification Systems (CCFICS). Slated for November 24-28 in Cebu, Philippines, the Codex session will address (i) the proposed draft “Principles and Guidelines for the Conduct of Foreign On-Site Audits and Inspections;” (ii) the proposed draft “General Model Health Certificate;” and (iii) the annex to the “Guidelines for Design, Production, Insurance and Use of Generic Official Certificates.” In addition, the committee will discuss “the need for guidance for national food inspection systems, the need for further guidance on traceability and product tracing, and the development of guidance on the prevention of international contamination of food,” according to USDA. Codex was formed in 1963 by the United Nations, the Food and…
Japanese health officials have reportedly warned consumers that particular lots of frozen green beans imported from China are tainted with the organophosphate insecticide dichlorvos, resulting in the illness of at least three people. Residents of Kashiwa in the Chiba Prefecture experienced mouth numbness, vomiting and other symptoms after eating adulterated beans manufactured by Shandong-based Yantai Beihai Foodstuff Co. and sold in Japan under the Ingen brand. Japanese regulators stated that the beans contained 6,900 parts per million of the pesticide, or approximately 34,000 times the legal limit. At this level, a 132- pound person would feel acute symptoms if she consumed just 0.07 gram of the product, according to officials. Quarantine authorities have since halted all food imports originating with the company, urging retailers to pull 265 tons of the frozen beans from shelves pending an investigation. The ministry also noted that it was willing to work with Beijing to resolve…
The WTO has reportedly issued a ruling supporting the United States in its decision to impose duties on European imports in response to a ban on beef from animals treated with growth hormones. According to the U.S. trade representative, “The Appellate Body’s report confirms that WTO members that are subject to additional duties for failing to bring themselves into compliance with the WTO’s rulings and recommendations must do more than simply claim compliance in order to obtain relief from such duties.” The ruling ends an EU appeal from a March 2008 ruling by the trade organization finding that the EU failed to justify its ban on these imports and allowing the United States and Canada to impose duties on Roquefort cheese, truffles and chocolates because the EU’s practice violated international trade rules. The WTO Appellate Body apparently reversed that part of the March ruling which criticized the United States for…
A GAO report has claimed that the Food and Drug Administration (FDA) “examined less than 1 percent of the 7.6 million fresh produce lines imported from fiscal years 2002 through 2007.” “Moreover, FDA acknowledged that it has not yet been able to conduct certain fresh produce work crucial to understanding the incidence of contamination of produce by pathogens such as E. coli O157:H7 or Salmonella,” according to GAO, which attributed the failures to a lack of resources for either extramural research grant programs or internal research agendas. The report also noted that the agency “has no formal program devoted exclusively to fresh produce” and has not “reliably tracked its fresh produce spending. “What I found most interesting is that fresh produce has been a priority for FDA for nearly a decade, but all the initiatives the agency said it needs to implement to improve its oversight efforts have been delayed because…
