Two weeks after opening a comment period on an interim final rule on hemp farming, the U.S. Department of Agriculture (USDA) has received more than 600 comments. The rule set limits for the amount of tetrahydrocannabinol (THC) that can legally be produced by the crop, and farmers have reportedly told the agency that the limit is unmanageable. One issue is that the regulations do not acknowledge a difference between Delta-9 THC and THC-A, according to a former hemp farmer interviewed by Law360 who also reportedly said he had never seen a test result as low as the limit set by USDA. Another possible issue is that the crop must be tested by a laboratory registered with the Drug Enforcement Administration, which may reduce the number of qualified firms to a single laboratory. Comments on the interim final rule will be accepted until December 31.
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The U.S. Department of Agriculture (USDA) has issued an interim final rule "specifying the rules and regulations to produce hemp." The rule outlines provisions for USDA "to approve plans submitted by States and Indian Tribes for the domestic production of hemp" and "establishes a Federal plan for producers in States or territories of Indian Tribes that do not have their own USDA-approved plan." Under the rule, hemp producers must obtain licenses, maintain "information on the land on which hemp is produced," comply with procedures for testing tetrahydrocannabinol concentration levels and dispose of non-compliant plants. The rule took effect October 31, 2019, and the agency will accept comments until December 30, 2019.
The U.S. Department of Agriculture (USDA) has published a set of changes to the National List of Allowed and Prohibited Substances, which documents the synthetic materials allowed or banned in the production and handling of organic agriculture. The amendments include the addition of "elemental sulfur for use as a molluscicide," the addition of "polyoxin D zinc salt to control fungal diseases" and the reclassification of magnesium chloride "from an allowed synthetic to an allowed nonsynthetic ingredient in organic handling." USDA also published a list of proposed changes and will accept comments on the proposal until December 17, 2019. The proposed rule would "add blood meal, made with sodium citrate, to the National List as a soil fertilizer," "add natamycin to the National List to prohibit its use" and "add tamarind seed gum as a non-organic agricultural substance for use in organic handling when organic forms of tamarind seed gum are…
An international union and several of its local chapters have filed a lawsuit seeking to compel the U.S. Department of Agriculture (USDA) to change its final rule promulgated on October 1, 2019, that eliminates maximum processing speeds and permits processing plants to employ their own health and safety monitors. U. Food & Commercial Workers Union, Local No. 663 v. USDA, No. 19-2660 (D. Minn., filed October 7, 2019). “As thousands of commenters told USDA during the rulemaking process, the Rule will jeopardize the lives and safety of both consumers of pork products and workers like Plaintiffs’ members,” the complaint argues. USDA erroneously dismissed such comments by arguing that it did not have authority to “regulate issues related to establishment worker safety,” the complaint asserts. “For decades, USDA has considered its actions’ impacts on worker safety,” the union argues. “USDA’s failure to consider the impacts of its actions on worker safety…
The U.S. Department of Agriculture (USDA) and Food and Drug Administration (FDA) announced a number of developments in their work on organic food, poultry and food safety. FDA released an update on the implementation of the Food Safety Modernization Act (FSMA), announcing it will track outcomes for FSMA rules for inspections and recalls via the Food Safety Dashboard. One metric the agency will track is how quickly a company issues a public notice for a Class 1 recall for human and animal food. FDA has also released guidance on recall plans for its multipart guidance on “how to comply with the requirements for hazard analysis and risk-based preventive controls under our rule entitled ‘Current Good Manufacturing Practice, Hazard Analysis, and Risk-Based Preventive Controls for Human Food.’” USDA updated the National Poultry Improvement Plan (NPIP) Program Standards to incorporate proposed changes published in April 2019, including the amendment of the testing…
The Center for Science in the Public Interest (CSPI) and Consumer Reports have petitioned the Food Safety and Inspection Service, requesting the agency "clarify the labeling of processed meats." "Specifically, we ask that the agency cease requiring that such products be labeled 'Uncured,' and/or 'No Nitrate or Nitrite Added' when they have been processed using non-synthetic sources of nitrate and nitrite, such as celery powder, rather than traditional synthetic sources, such as sodium nitrite." The petition asserts that both "synthetic and non-synthetic nitrites and nitrates may cause cancer," and the petition coincided with the release of a Consumer Reports investigation purportedly finding that "consumers are confused by the 'No Nitrate or Nitrite Added' statements, which are currently accompanied by a fine-print disclaimer on product labels identifying the non-synthetic source of nitrates or nitrites." "We therefore urge the agency to stop requiring, and instead prohibit, the 'No Nitrate or Nitrite Added'…
In testimony before the House Agriculture Subcommittee, Under Secretary of Agriculture Greg Ibach suggested that genetically modified organisms (GMOs) could potentially be used in the production of organic foods eventually. "As the National Organic Standards Board set the rules originally, right now GMO or transgenics are not eligible to be in the Organic Program, but we've seen new technology evolve that includes gene editing that accomplishes things in shorter periods of time that can be done through a natural breeding process," Ibach stated. "I think there is the opportunity to open the discussion to consider whether it is appropriate for some of these new technologies that include gene editing to be eligible to be used to enhance organic production and to have resistant varieties—drought-resistant, disease-resistant varieties as well as higher-yielding varieties—available." Meanwhile, the European Food Safety Authority (EFSA) released guidance on how human dietary exposure to newly expressed proteins in…
The U.S. Department of Agriculture (USDA) has released guidance on meal kits requiring inspection by the agency's Food Safety and Inspection Service (FSIS). The guidance indicates that meal kits do not require assembly subject to FSIS inspection if (i) the "meat or poultry component is prepared and separately packaged under FSIS inspection and labeled with all required features"; (ii) the "outer kit label identifies all of the individual components in the kit"; and (iii) the "outer kit label clearly identifies the product as a single unit or 'kit,' such as 'Chicken BBQ Dinner Kit' and 'Beef Lasagna Meal.'"
U.S. Sen. Dick Durbin (D-Ill.) and Rep. Rosa DeLauro (D-Conn.) have introduced the Safe Food Act of 2019, "which would create a single, independent food safety agency." In addition, the proposed law would "[r]equire full food traceability to better identify sources of outbreaks" and "[s]trengthen oversight of foreign food facilities and improve food import inspections." The proposal echoes similar legislation the pair proposed in 1999.
The U.S. Department of Agriculture and Health and Human Services have announced meetings to hear public comments on the 2020 dietary guidelines revisions. The 2020 Dietary Guidelines Advisory Committee will allow three-minute pre-registered comments from the public at its meetings on July 11, 2019, and January 25, 2020, and registration for the July meeting closes at 5:00 p.m. on July 1.
