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A majority of EU countries reportedly voted against allowing the cultivation of two genetically modified (GM) types of maize as well as the extension of approved cultivation areas for another GM maize already grown in Spain. Neither vote was decisive under EU rules, which require 65 percent of countries’ votes to decide, so the determination will go to European Commission President Jean-Claude Juncker. See Reuters, March 27, 2017. In an April 4, 2017, press release, members of European Parliament urged the European Commission to halt plans to allow the import of GM maize, highlighting "the lack of data on the many sub­combinations of the variety—all of which would also be authorised" and arguing for reform of the GM authorization procedure.   Issue 630

Sen. Jon Tester (D-­Mont.) and Rep. Rosa DeLauro (D­-Conn.) have urged the federal government to act in response to a Brazilian investigation allegedly finding that more than 100 of the country's health inspectors allowed the sale of rancid meat, falsified export documents or failed to inspect meatpacking plants. Tester introduced a bill in the U.S. Senate purporting to temporarily ban Brazilian beef imports. "A 120-­day ban will provide the U.S. Department of Agriculture time to comprehensively investigate food safety threats and to determine which Brazilian beef sources put American consumers [at] risk," Tester's March 21, 2017, press release asserts. In a March 22 press release, the U.S. Department of Agriculture's (USDA's) Food Safety and Inspection Service announced additional pathogen testing of all raw beef and ready-­to-­eat products from Brazil. "Keeping food safe for American families is our top priority,” Acting Deputy Secretary of Agriculture Mike Young was quoted as saying.…

A Georgia court has dismissed with prejudice a complaint against television personality Mehmet Oz accusing the physician of making false claims about the quality of olive oil in the United States, finding that Oz’s statements were protected under a state anti-SLAPP (strategic lawsuit against public participation) law protecting speech made in connection with an issue of public concern. N. Am. Olive Oil Assoc. v. Oz, No. 2016­-283156, (Sup. Ct. Ga., Fulton Cty., order entered March 3, 2017.) The North American Olive Oil Association alleged that Oz and his guests made “false statements regarding the quality and purity” of olive oil sold in U.S. supermarkets. One of the guests was employed by olive oil producer California Olive Ranch, but the guest’s ties to the company were allegedly not disclosed on the show. The court said it had “grave concerns that the motivation for the present action falls directly within the purpose…

The North American Olive Oil Association (NAOOA) has filed a lawsuit against Mehmet Oz of "The Dr. Oz Show" alleging he falsely told his audience in a May 2016 episode that 80 percent of olive oil sold in supermarkets is fraudulent. N. Am. Olive Oil Ass'n v. Oz, No. 283156 (Ga. Super. Ct., Fulton Cty., filed November 29, 2016). The complaint asserts that Oz told viewers: "So how does it become fake, if it's just fresh olive juice? . . . Adulterated oil . . . takes some of the real oil and mixes it with fake olive oil substitute. To make the fake olive oil, you take an oil with no flavor or color like sunflower oil, add some coloring in there like chlorophyll to give it that rich green hue, then you mix that in with some of the real stuff, into extra virgin olive oil, and then,…

The U.S. Department of Agriculture’s Agricultural Marketing Service (AMS) and the National Service for Animal and Plant Health, Food Safety and Quality of Mexico (SENASICA) have announced a joint Organic Compliance Committee to “ensure the integrity of organic products trade between the United States and Mexico.” With implementation of Mexico’s organic regulations slated for 2017, the two countries agreed to form a committee to achieve “equivalency in organic production and trade,” as well as enhance enforcement controls on organic products. According to an October 19, 2016, press release, the committee will “establish requirements for the use of import certificates in both countries within six months to provide verification of each shipment of organic products between the United States and Mexico.” Under the new arrangement, the committee will sample organic products for chemical residues, share the results with AMS and SENASICA, and “engage with certifiers operating in Mexico by conducting listening…

The White House has issued a policy directive intended to promote “authorized engagements with Cuba to advance cooperation on areas of mutual interest, and increase travel to, commerce with, and the free flow of information to Cuba.” To this end, the Department of the Treasury’s Office of Foreign Assets Control (OFAC) and the Department of Commerce’s Bureau of Industry and Security have announced amendments to the Cuban Assets Control Regulations and Export Administration Regulations that will lift restrictions on travelers bringing Cuba-origin alcohol, cigars and other products back to the United States for personal use. According to the announcement, OFAC considers “personal use” of imported merchandise “to include giving the item to another individual as a personal gift, but not the transfer of the item to another person for payment or other consideration.” In addition, the new rules permit a range of specific healthcare, humanitarian, trade, and commerce transactions, and…

A California federal court has granted certification to a class of consumers alleging that Salov North America Corp., maker of Filippo Berio olive oil, misleads consumers by labeling its oil as “Imported from Italy” even though most of the oil is produced in Tunisia, Greece and Spain. Kumar v. Salov N. Am. Corp., No. 14-2411 (N.D. Cal., order entered July 15, 2016). The court dismissed Salov’s arguments against the plaintiff serving as class representative because of her felony record and her friendship with class counsel, finding that the charge of driving under the influence does not call her honesty and integrity into question and that the plaintiff’s friend is one of several class counsel in the case. Additional details about the case appear in Issues 554 and 590 of this Update, while details on class certification in the plaintiff’s lawsuit against Safeway involving similar allegations appear in Issue 606.  …

The U.S. Food and Drug Administration (FDA) has banned the import of genetically engineered (GE) salmon just two months after deeming AquaBounty Technologies, Inc.’s AquAdvantage® salmon safe for human consumption. Issued in compliance with the Fiscal Year 2016 Omnibus Appropriations Act, the January 29, 2016, import alert directs that “any shipment of suspected or known GE salmon or product composed in whole or in part of GE salmon should be promptly forwarded to the District Compliance Branch.” Although AquaBounty Technologies produces GE salmon at fish farms based in Canada and Panama, the company has not yet sold its product in the United States. But after FDA ruled that the salmon posed no environmental or human health risks, U.S. Sen. Lisa Murkowski (R-Alaska) moved to block confirmation proceedings for the next FDA commissioner until the agency required labeling for all products containing GE salmon. “This is a huge step in our…

The Grain Inspection, Packers and Stockyards Administration (GIPSA) has requested public comments on the services provided to support “the marketing of grain and related commodities.” The agency seeks input from producers, handlers, processors, food manufacturers, exporters, importers, and other industry stakeholders to determine how GIPSA “can best facilitate the marketing of grains, oilseeds, rice, pulses, and related products or products made from them, including co-products of ethanol production, commonly referred to as distillers’ grains, based on market-identified quality attributes.” In particular, GIPSA asks respondents to consider the following questions: (i) “Are there any market-identified quality attributes that GIPSA does not currently describe (or provide testing) that would facilitate the marketing of grain, oilseeds, and related products?”; (ii) “What role should GIPSA take, if any, in standardizing the testing of inputs and outputs of ethanol coproduct processing?”; and (iii) “Are there any other services that GIPSA could offer to facilitate the…

An Illinois federal court has sentenced the former president of a Wisconsin cheese company to five days in jail, one year of probation and a $750,000 fine for lying to U.S. Food and Drug Administration inspectors about Queso Cincho de Guerrero cheese imported from Mexico and tainted with E. coli and Salmonella. U.S. v. Zurita, No. 12-0290 (N.D. Ill., sentence entered May 8, 2015). In 2007, Mexican Cheese Producers, Inc. reportedly received tainted cheese returned by retailers. Company workers apparently scraped and washed the cheese, and it was later resold. No illnesses related to the cheese were reported, and the government could not show that company owner Miguel Leal had ordered the workers’ actions, but he pled guilty in 2014 to charges of distributing tainted food and lying about it to federal inspectors. Government prosecutors asked for prison time of 10-16 months. “I don’t think I would have put him…

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