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…
Tag Archives poultry
The World Trade Organization (WTO) recently agreed to a convene a dispute settlement panel to investigate India’s restrictions on the importation of U.S. poultry, eggs and other agriculture products purportedly due to concerns over avian influenza. The U.S. Trade Representative (USTR) apparently requested the panel after failing to resolve the dispute during an April 16-17, 2012, consultation with the Indian government, which has restricted the importation of various agricultural products from “those countries reporting Notifiable Avian Influenza (both Highly Pathogenic Notifiable Avian Influenza and Low Pathogenic Notifiable Avian Influenza).” According to USTR, however, these restrictions violate several provisions of the Sanitary and Phytosanitary Measures Agreement as well as the General Agreement on Tariffs and Trade 1994, in part “because India’s avian influenza measures are not applied only to the extent necessary to protect human or animal life or health, are not based upon scientific principles, and are maintained without sufficient…
The European Commission has apparently sent “a reasoned opinion” to 10 member states “that have failed to correctly implement Directive 1994/74EC which introduces a ban on the use of un-enriched cages for laying hens,” according to a June 21, 2012, EU press release. The Commission has given Belgium, Greece, Spain, France, Italy, Cyprus, Hungary, the Netherlands, Poland, and Portugal two months to ensure compliance with the directive before referral to the EU Court of Justice. These countries apparently still permit the use of “un-enriched cages” for laying hens “despite the ban which came into force in January 2012 for which they have had 12 years to prepare.” Under the directive, “all laying hens must be kept in ‘enriched cages’ with extra space to nest, scratch and roost,” or in systems with at least 750 square centimeters of cage area as well as “a nest-box, litter, perches and claw-shortening devices, allowing…
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.
An Australian court has reportedly awarded $8 million to the family of a girl who allegedly ate a Salmonella-contaminated chicken product from a KFC restaurant and became critically ill with organ system failures, septic shock, severe brain injury, and spastic quadriplegia. Samaan v. Kentucky Fried Chicken Pty Ltd., No. 2006/20457 (NSW Sup. Ct., decided April 4, 2012). The court exhaustively explores inconsistencies in the testimony and evidence concerning the source of the chicken that allegedly caused the injury, but concludes that the KFC “Twister” product “was the only common meal to the affected family members (and no others) and it was consumed within the incubation period for Salmonella poisoning.” According to the court, many of the inconsistencies could be attributed to language and translation issues given that the parents and one child were born in Sudan and were native Arabic speakers. Other inconsistencies could be attributed to concerns over the…
Based on documents obtained from the U.S. Department of Agriculture (USDA) under the Freedom of Information Act, Food & Water Watch has urged the agency not to expand its pilot HACCP-based inspection project, contending that inspections conducted by poultry processing plant employees miss many defects. While USDA hopes to expand the program, claiming it will save the federal government $90 million and eliminate more than 800 inspector positions over three years, Food & Water Watch asserts that consumer health would be compromised by any such expansion. According to the consumer watchdog, USDA’s pilot project, launched in 1998 and involving two dozen slaughter facilities, relies on untrained plant employees to inspect carcasses for food safety and other consumer protection issues. Many of the pilot plants have apparently been granted line speed waivers and have sped up their lines to 200 birds per minute. In plants where USDA inspectors still conduct conventional…
A federal court in Arkansas has reportedly certified a class of poultry-processing plant workers who allege that the company has violated federal and state employment laws by failing to compensate them for the time they spend donning, doffing and sanitizing required gear and equipment, as well as walking to and from the production floor and performing other job-related duties. Garner v. Butterball, LLC, No. 10 01025 (E.D. Ark., decided February 22, 2012). The plaintiffs apparently demonstrated that their claims met all of the class certification requirements, although the court modified the class definition to account for statutes of limitations applicable to claims filed under the Federal Labor Standards Act and Arkansas Minimum Wage Act. Thus, the class has been defined as hourly production employees who worked at two Butterball plants “at any time since October 1, 2006, through the date of final judgment in this action.” Meanwhile, the U.S. Supreme Court…
The U.S. Department of Agriculture’s National Organic Program (NOP) has issued a proposed rule that would regulate the use of synthetic methionine in organic poultry production after a current interim final rule expires on October 1, 2012. According to a February 6, 2012, Federal Register notice, the rule would amend the National List of Allowed and Prohibited Substances (National List) to permit the following maximum levels of synthetic methionine per ton of feed: (i) two pounds for laying and broiler chickens; and (ii) three pounds for turkey and all other poultry. NOP has requested public comments on the proposed rule by April 6. The National List currently classifies methionine “as an essential amino acid because it cannot be biologically produced by poultry and is necessary to maintain viability.” The substance occurs naturally in feed sources that include blood meal, fish meal, crab meal, corn gluten meal, alfalfa meal, and sunflower…
The U.S. Department of Agriculture’s (USDA’s) Food Safety and Inspection Service (FSIS) has issued a proposed rule to “expand the circumstances under which FSIS will generically approve the labels of meat and poultry products.” Under the proposal, which would also combine regulations into a new CFR part, FSIS would reportedly allow establishments “to label a broader range of products without first submitting the label to FSIS for approval.” As the agency explained in a December 5, 2011, press release, “all mandatory label features would still need to comply with FSIS regulations.” In particular, FSIS noted that the current generic label regulations are too restrictive in practice, compelling the agency to pre-approve “a significant amount of labeling” instead of dedicating resources to other consumer protection and food safety activities. “For example, the label for a nonstandardized product, such as pepperoni pizza (bearing no special statements or claims) that was sketch approved…
The U.S. Department of Agriculture’s Food Safety and Inspection Service (FSIS) has issued a final rule amending the definitions and standards of classes of poultry ready for market. Effective January 1, 2014, the measure aims to “ensure that the labeling of poultry products is truthful and not misleading.” According to FSIS, poultry classes have been defined mostly by the bird’s age and sex, but improvements in poultry feeding and management have reduced the “grow-out” period for some classes, allowing producers to have the birds ready for sale much quicker. The new classifications, which have been in the rulemaking process since 2003, reflect “more accurately and clearly describe the characteristics of poultry in the market today,” FSIS noted. The new classifications lower the age of poultry ready for market in five classes—roaster or roasting chickens, broiler or fryer chickens, Rock Cornish game hens, capons, and fryer-roaster turkeys. Roaster chickens, for example,…
