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The Humane Society of the United States (HSUS) has filed a complaint with the U.S. Department of Agriculture’s (USDA’s) Inspector General requesting an investigation into the use of pork checkoff funds. HSUS contends that “federal pork checkoff program monies are being used to fund the NPPC’s [National Pork Producers Council’s] Pork Alliance program, which is the council’s state and federal lobbying operation. Further, the NPPC publicly lists the [National] Pork Board on its website among the high donor ‘partners’ of its Alliance program, a public endorsement that would also violate the Pork Board’s prohibition against involvement in lobbying activity.” The federal pork checkoff program apparently requires pork producers to pay into a fund overseen by the National Pork Board, which HSUS claims “is to use the funds for ‘promotion, research, and consumer information plans and projects’ or for the Board’s own administrative expenses. However, both federal law and USDA regulations…

The Los Angeles City Council has reportedly approved a resolution endorsing the international “meatless Mondays” campaign, which aims to reduce meat consumption for health and environmental reasons. According to news sources, in a unanimous 12–0 vote, the council approved the resolution endorsing the campaign and encouraging residents to give up meat for one day a week. The resolution apparently makes Los Angeles the largest city to adopt the campaign started in 2003 in conjunction with the Johns Hopkins Bloomberg School of Public Health. Other U.S. cities that have reportedly endorsed meatless Mondays include Washington, D.C., San Francisco and Raleigh, N.C. Introduced by Councilwoman Jan Perry and Councilman Ed Reyes, the resolution cites statistics showing that more than one half of Los Angeles County residents are overweight. The campaign claims that cutting meat consumption can reduce the risk of cancer, heart disease, diabetes, and obesity. See The Los Angeles Times, November 12,…

The U.S. Department of Agriculture’s Food Safety and Inspection Service (FSIS) has issued instructions for inspection program personnel (IPP) to follow “when verifying that large official establishments (with 500 or more employees) that produce meat and poultry products have prepared and are maintaining required written recall procedures.” According to FSIS, the notice complies with a May 8, 2012, final rule outlining requirements for notifying the agency of adulterated or misbranded products and maintaining written recall procedures. It also calls on IPP to remind large establishments “of the availability of food defense plan guidance because food defense plans also facilitate the removal of adulterated products from commerce.” Although food defense plans are currently voluntary, FSIS has stressed that their purpose is to help meat and poultry companies “respond to intentional contamination of products” and may be used with other recall systems. Written recall procedures, however, must “specify how the official establishment…

A federal court in California has denied Chipotle Mexican Grill’s motion to dismiss putative class claims alleging that the company fraudulently represents that it uses only naturally raised meat in its menu items. Hernandez v. Chipotle Mexican Grill, Inc., No. 12-5543 (C.D. Cal., order entered August 23, 2012). According to the court, “Plaintiff need not show that he consumed non-naturally raised meat on one of his visits to Chipotle [because] the harm alleged [is that] Plaintiff purchased food at Chipotle, at a premium, based on Defendant’s representations that non-naturally raised meat was not used there.” The court also determined that the plaintiff adequately alleged a claim for fraudulent concealment and denied as premature that part of the defendant’s motion addressing the class allegations. The court did, however, order briefing on whether plaintiff’s counsel “would be adequate counsel to represent the class if a class were certified.” In this regard, the…

U.S. Representative Louise Slaughter (D-N.Y.) has released the responses to a February 16, 2012, letter sent to 60 food producers and retailers “asking them to disclose their policies on antibiotic use in meat and poultry production.” After analyzing the results, Slaughter has purportedly revealed that “while a small number of industry leaders provide antibiotic-free meat and poultry products, an overwhelming majority of food production companies routinely feed low-doses of antibiotics to healthy food-animals.” In particular, Slaughter has used these findings to bolster support for the Preservation of Antibiotics for Medical Treatment Act (PAMTA), “which would end the routine use of antibiotics on healthy animals” and “preserve the effectiveness of medically important antibiotics.” To this end, she has also highlighted a recent Consumers Union report, “Meat On Drugs,” as evidence that consumers would purchase antibiotic-free products in supermarkets. “Through my survey, the food industry has provided us valuable information, and with…

On remand from the U.S. Supreme Court, the Ninth Circuit Court of Appeals has issued an order which reinstates a district court ruling that a California law regulating swine slaughterhouses and nonambulatory animals was preempted by federal law. Nat’l Meat Ass’n v. Harris, Nos. 09-15483 and -15486 (9th Cir., order entered June 8, 2012). Additional details about the case and the unanimous U.S. Supreme Court ruling appear in Issue 424 of this Update.

Oklahoma State University’s (OSU) Robert M. Kerr Food and Agriculture Products Center has reportedly signaled its intention to patent a new kind of steak after unveiling the product at the “Protein Innovation Summit” held April 16-17, 2012, in Chicago, Illinois. According to media sources, OSU researchers have dubbed the cut of beef a “Vegas Strip Steak” and said it derives from a part of the animal previously used for hamburgers. “It’s an un-obvious chunk of meat that has just been sitting there—a little diamond surrounded by a bunch of coal. The patent actually claims the kind of knife strokes that you make in order to create this cut of meat,” explained OSU Associate Vice President for Technology Development Steve Price in a May 23, 2012, NPR interview. “You take this muscle, you make cuts here, here and here and you end up with this Vegas Strip Steak.” Because it would be…

The U.S. Department of Agriculture’s Food Safety and Inspection Service (FSIS) has issued a notice requiring inspectors to make establishments aware of how to comply with a May 8, 2012, final rule on misbranded meat and poultry. The rule requires establishments to prepare and maintain recall procedures, notify FSIS within 24 hours when adulterated or misbranded meat and poultry products that could harm consumers have entered the marketplace and document their Hazard Analysis and Critical Control Point system food safety plans. The final rule was discussed in Issue 439 of this Update.

California Senator Ted Lieu (D-Torrance) has sent a May 3, 2012, letter to the U.S. Department of Agriculture’s (USDA’s) Food Safety and Inspection Service, asking the agency to investigate the restaurant industry’s use of transglutaminase or “meat glue” to allegedly bind together “disparate parts of meat products to form a larger piece of meat.” Citing unnamed media reports, Lieu claims that caterers and other facilities sometimes use transglutaminase to combine meat scraps into whole steaks, which are then sold as more expensive cuts like filet mignon. According to the letter, this practice not only deceives customers who believe they have purchased a higher quality product, but purportedly poses a health risk insofar as “reformed” steak may contain contaminated meat that is not thoroughly cooked or served rare. “I respectfully request the USDA’s Food Safety and Inspection Service to thoroughly investigate the industry’s use of meat glue, the possible dangers posed…

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…

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