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The U.S. Food and Drug Administration (FDA) has proposed to allow the import of raw bivalve molluscan shellfish—including clams, mussels, oysters and scallops—harvested in the Netherlands and Spain by officially acknowledging that the EU food-safety system provides "at least the same level of sanitary protection as the United States' system and is therefore equivalent." The United States and the European Commission have not yet reached equivalence findings on food labeling requirements, maximum levels for food additives, maximum pesticide residue limits, drug residue limits or limits on other contaminants. "These critical determinations are a result of a multi-year, in-depth and cooperative review of shellfish safety systems in the U.S. and the EU, in which technical experts on both sides of the Atlantic have concluded that many of the safety controls in the EU and the U.S are equivalent," FDA Commissioner Scott Gottlieb said in a statement. "Both governments recommended these actions…

The Swiss government has reportedly banned the culinary practice of boiling live lobsters, mandating that the lobsters must be killed instantly by “mechanical destruction” or stunned before they are killed. Passed in response to concerns over studies that suggest crustaceans such as lobsters and crabs can feel pain, the law also outlaws transport of live crustaceans on ice, instead requiring that “aquatic species must always be kept in their natural environment." Experienced chefs may also use a traditional method of inserting a sharp knife into the lobster’s head to kill it quickly. The law takes effect March 1, 2018.

The U.S. Food and Drug Administration (FDA) has denied a February 9, 2012, petition filed by the Center for Science in the Public Interest (CSPI) that requested “a performance standard of non-detectable as determined by the best available method of detection for Vibrio vulnificus in molluscan shellfish intended for raw or processed raw consumption.” Citing V. vulnificus as “the leading cause of seafood-associated deaths in the United States,” the petition notes that FDA already enforces a zero tolerance standard for V. vulnificus in ready-to-eat fish and a non-detectable standard of less than 30 most probable numbers per gram (MPN/g) for post-harvest processed shellfish. According to CSPI, the Food Safety Modernization Act directs the agency to set performance standards for significant foodborne contaminants. In rejecting the petition, FDA notes that other strategies—including state adherence to and federal oversight of control measures designed to manage V. vulnificus risk—have effectively reduced oyster-associated V.…

The Center for Science in the Public Interest (CSPI) has filed a lawsuit seeking to compel the U.S. Food and Drug Administration (FDA) to act on the organization’s 2012 citizen petition seeking establishment of a performance standard for controlling Vibrio vulnificus, bacteria responsible for several deaths related to seafood consumption. Ctr. for Sci. in Pub. Interest v. FDA, No. 16-0995 (D.D.C., filed May 25, 2016). CSPI argues that FDA has violated the Administrative Procedure Act by delaying its response to CSPI’s citizen petition urging the agency “to establish a performance standard of nondetectable for V. vulnificus in raw molluscan shellfish” under the Food Safety Modernization Act. “Every year, people are getting sick and some are dying from what is a completely preventable disease,” CSPI Senior Food Safety Attorney David Plunkett said in a May 26, 2016, press release. “For too long the FDA has observed these illnesses and deaths from…

In its October 2014 issue, Consumer Reports will publish an analysis of the U.S. Food and Drug Administration’s (FDA’s) data that supported the agency’s recommendations for fish intake by pregnant women and children, released jointly as draft guidance with the U.S. Environmental Protection Agency (EPA) in June 2014. The magazine compiled a list of low-mercury—including haddock, trout, catfish, and crab—and lowest-mercury fish—including shrimp, tilapia, oysters, and wild and Alaska salmon—and detailed the amounts considered safe for consumption for young children and women of childbearing age. The guide includes more conservative advice than the draft guidance from FDA and EPA, such as recommending that most women and young children avoid marlin and orange roughy in addition to the listed swordfish, shark, king mackerel, and gulf tilefish. The magazine cites Deborah Rice, co-author of the EPA document that established the current limit on methylmercury consumption as 0.1 microgram per kilogram of body weight…

The U.S. Food and Drug Administration (FDA) has issued a final rule, effective April 14, 2014, amending its food additive regulations to allow the use of ionizing radiation on crustaceans (e.g., crab, shrimp, lobster, crayfish, and prawns) to control foodborne pathogens and extend shelf life. In response to a petition first filed in 2001, FDA concluded that use of irradiation to treat chilled or frozen raw, cooked or partially cooked crustaceans, or dried crustaceans, with or without spices, minerals, inorganic salts, citrates, citric acid and/or calcium disodium EDTA used in accordance with applicable laws and regulations, is safe, provided that the absorbed dose does not exceed 6.0 kGy. At this dose, FDA notes, ionizing radiation will reduce but not entirely eliminate, the number of illness-causing microorganisms in or on crustaceans. The agency also observes that irradiation is not a substitute for proper food-handling practices and that crustaceans treated with ionizing…

The Center for Science in the Public Interest (CSPI) has petitioned the Food and Drug Administration (FDA) to establish performance standards for the shellfish industry to reduce the threat of a “naturally occurring but deadly contaminant” found primarily in raw or undercooked oysters. According to a CSPI letter to FDA Commissioner Margaret Hamburg, Vibrio vulnificus (V-vulnificus) bacteria in contaminated shellfish is responsible for sickening approximately 30 people and killing 15 annually. Claiming that an annual “outbreak” occurs between April and November when Gulf Coast water temperatures create an ideal environment for the contaminant to grow, CSPI has urged FDA to “act now” to enforce regulations in 2011’s Food Safety Modernization Act requiring performance standards for significant contaminants such as V-vulnificus. “If we knew a serial killer were going to kill a dozen people like clockwork each year, the police would spring into action to stop it,” said David Plunkett ,…

The Food and Drug Administration (FDA) has denied requests to delay a final rule amending food additive regulations “to provide for the safe use of ionizing radiation for the control of Vibrio species and other foodborne pathogens in fresh or frozen molluscan shellfish.” According to FDA, it has reviewed opposition to the final rule and requests for a hearing, but concluded that objections filed by groups such as Public Citizen and the Center for Food Safety did not “justify a hearing or otherwise provide a basis for revoking the regulation.” In particular, the agency’s latest decision dismisses allegations that (i) FDA failed to consider evidence indicating “harmful effects from consumption of irradiated molluscan shellfish”; (ii) the final rule does not ensure a product “that is microbiologically safe”; (iii) there is no reasonable certainty of no harm; (iv) FDA failed to consider “several factors that could make irradiated molluscan shellfish unsafe”;…

A molecular biologist has allegedly found that waterborne chemicals such as bisphenol A (BPA) are a contributing factor to lobster shell disease, a bacterial infection linked to population die-offs in the Long Island Sound. Undertaken on behalf of the New England Lobster Research Initiative and presented during the 9th Annual Ronald C. Baird Sea Grant Science Symposium, the study reportedly suggests that alkylphenols from plastics, paint and detergents can delay new shell growth, making lobsters more susceptible to pathogens during the molting process. These substances also apparently prolong maturation in juveniles, while mothers who contract shell disease are often forced to molt midway through the reproductive cycle and thus lose their offspring. As University of Connecticut Research Professor Hans Laufer explained in an August 10, 2010, press release, “[a]lkylphenols have phenomenal juvenile hormone activity,” which affects “growth, reproduction, metamorphosis, and development.” He further noted that 90 percent of the U.S.…

The Food and Drug Administration (FDA) and the National Oceanic and Atmospheric Administration (NOAA) have announced joint efforts to secure the safety of Gulf of Mexico seafood in the wake of the April 20, 2010, oil spill. “It is important to coordinate seafood surveillance efforts on the water, at the docks and at seafood processors to ensure seafood in the market is safe to eat,” FDA Commissioner Margaret Hamburg said in a joint press release. The agencies plan a “multi-pronged approach” that includes precautionary closures of fishing areas, increased seafood testing inspections and a “re-opening protocol” for affected Gulf waters. NOAA has apparently created a “seafood sampling and inspection plan” and is using “ongoing surveillance to evaluate new seafood samples to determine whether contamination is present” outside closed fishing areas. If the samples have elevated levels of oil compounds, NOAA said it will consider expanding the closed areas. FDA, which…

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