Leading dietary supplement trade association makes strides in developing product registry.

  • As previously covered on this blog, a leading dietary supplement trade association — the Council for Responsible Nutrition (CRN) — has been pursuing the goal of creating a Voluntary Product Registry for Dietary Supplements.  According to CRN, the goal of the registry is to increase transparency and give regulators greater access to information about the composition of supplement products currently on the market.
  • At a recent conference, CRN announced that it had retained the global science safety firm, UL, to develop and administer the product registry.  The current plan is to implement a two-tiered database.  Tier one will permit companies to add basic information about their products at no cost, and the information will be accessible to any interested party.  Tier two will provide companies with a fee-based opportunity to add more detail about their products, and access will be restricted to specific audiences (e.g., regulatory authorities, retailers).
  • CRN anticipates that the registry will be operational by the end of 2016, and member companies will be required as a condition of membership to input all their product labels into the registry by July 2017.

 

FSIS implements new Salmonella sampling “fix.”

  • The U.S. Department of Agriculture’s (USDA) Food Safety and Inspection Service (FSIS) regulates the production of poultry products.  As part of its regulatory activities, FSIS conducts testing for Salmonella.  In this context, concerns arose regarding whether the use of antimicrobial sanitizers in poultry facilities may be masking the presence of Salmonella during testing, effectively generating false negatives.  FSIS requested that USDA’s Agricultural Research Service (ARS) investigate the issue further.
  • Effective July 1, 2016, FSIS implemented a new “fix” to address the risk of false negatives.  In a two-page Notice issued to FSIS inspectors, the Agency now will require the use of a “neutralizing buffer” solution to reduce the effect of any carryover antimicrobial sanitizers on test results.
  • Particularly in light of FSIS’s broader “Salmonella Action Plan” and the Agency’s goal of a 25% reduction in Salmonella illnesses linked to meat and poultry products by 2020, the meat and poultry industry should stay tuned for developments in this area and their potential to affect or influence the use of antimicrobial solutions and technologies.

Vermont’s GM labeling requirements take effect.

  • As the food industry is well aware, Vermont’s labeling requirements for genetically modified (GM) foods have now gone into effect.
  • As covered earlier this week, Congress appears to have reached a bipartisan deal to establish a national labeling standard for GM foods that would pre-empt conflicting state requirements (including Vermont’s).  Sen. Bernie Sanders (I-Vermont) immediately opposed the bill and attempted to create a procedural block to its consideration.  Despite reports of procedural confusion on the Senate floor related to this issue, it now appears that the Senate is set to vote on the GM labeling bill next week.
  • It has become virtually impossible to predict whether the latest Congressional attempt actually will become law before the end of the Obama administration.  We continue to monitor this situation very closely and will report on any developments related to next week’s vote.

Best wishes from The Daily Intake to all those celebrating 4th of July weekend!

San Francisco approves comprehensive ban on sale of polystyrene.

  • Polystyrene food packaging and containers — typically referred to using one trade name, “Styrofoam” — have been the subject of criticism by stakeholders who claim that these non-biodegradable foam products pollute the environment and may harm wildlife.
  • On June 28, 2016, the San Francisco Board of Supervisors voted unanimously to ban the use of a wide variety of polystyrene products.  The legislation covers food packaging, packing peanuts, take-out containers and cups, among other items.
  • The board is expected to issue final approval of the ban on July 12.  Once enacted, the ban will take effect on January 1, 2017 for most products, although a later effective date of July 1, 2017 applies to meat and fish trays.  Although a number of cities have ordinances that restrict the use of polystyrene food service materials and/or packaging, San Francisco’s legislation is being described as the nation’s most extensive ban of this type.

Sen. Bernie Sanders stands in opposition to GM labeling deal.

  • As reported earlier this week, the Senate Agriculture Committee announced a bipartisan deal that would create a national labeling standard for genetically modified (GM) foods while pre-empting conflicting state laws, such as Vermont’s requirements (which take effect this Friday).
  • In an unsurprising move, Sen. Bernie Sanders (I-Vermont) has voiced his opposition to the deal.  Media reports indicate that he has put a “hold” on the legislation by initiating a procedural maneuver that requires at least 60 votes for the bill even to be considered by the Senate.
  • Many stakeholders have been watching for indications of when this bill may be introduced, voted on, and ultimately, enacted.  It remains to be seen whether Sanders’ hold will affect the timing and outcome in this case.  At this point in time, it remains virtually impossible to predict if and when the long-awaited deal will become federal law.

FDA highlights its use of whole genome sequencing to track foodborne illness outbreaks.

  • FDA has a host of tools at its disposal to help track the causes of foodborne illness outbreaks.  In recent years, the Agency has been relying more and more on whole genome sequencing as an investigative technique.
  • In a recently-issued constituent update, FDA provided information about the Agency’s use of the GenomeTrackr network.  Essentially, FDA is leading a global effort to build a network of labs that are able to perform whole genome sequencing of foodborne pathogens.  The goal is to build a robust database of known sequences against which potential “suspects” can be matched to help identify the cause of a particular foodborne illness outbreak.
  • FDA’s push to use this new technology goes hand-in-hand with the increased attention being paid to global food safety.  Particularly as the Agency begins to implement concrete requirements under the FDA Food Safety Modernization Act (FSMA), it will be interesting to see whether and how emerging food safety technologies will be incorporated into the future of food regulation and enforcement.

Senate reaches bipartisan deal on federal GM labeling standard.

  • As the food industry is well aware, many eyes have been on Congress to determine whether federal legislation addressing the labeling of genetically modified (GM) foods could be enacted before the July 1 effective date of Vermont’s GM labeling requirements.
  • On June 23, the Senate Agriculture Committee reached a bipartisan deal that would establish a national disclosure standard and preempt conflicting state laws (including Vermont’s).  If enacted, the bill would amend the Agricultural Marketing Act to require the U.S. Department of Agriculture (USDA) to establish and administer a national GM disclosure standard.  The bill prescribes exemptions from disclosure for:  (1) products derived from animals that consume GM feed; (2) food sold by restaurants and similar retail food establishments; and (3) very small food manufacturers.  USDA also will have to determine the amount of GM material that may be present for the food to be considered a GM food and establish a process by which one can request a determination as to whether a food is GM.  The GM disclosure may take the form of text, symbols, or electronic/digital links, with the disclosure option to be selected by the food manufacturer.
  • Although an accord finally appears to have been reached, this is not yet a “done deal.”  Further, because the House of Representatives is on recess until July 5, the agreement cannot possibly become law before Vermont’s law takes effect.  We will stay tuned for developments on this front and will report in more detail on the implications of a national GM labeling standard if and when the law is enacted.

Philadelphia approves tax on soft drinks.

  • As previously covered on this blog, stakeholders have been monitoring the degree of interest in, and the potential effectiveness of, sugar “sin taxes” here in the U.S.  In 2014, Berkeley became the first city to pass an excise tax (1 penny per ounce) on sugar-sweetened beverages.
  • On June 16, 2016, the Philadelphia city council voted 13-4 to approve a 1.5 cent per ounce tax on sugar-sweetened beverages.  The tax will cover a variety of beverages, including soda and diet soda, non-100% fruit drinks; sports drinks; flavored water; energy drinks; pre-sweetened coffee or tea; and non-alcoholic beverages intended to be mixed into alcoholic drinks.  The tax will be levied on distributors, and the city is slated to begin collecting tax revenues on January 1, 2017.  Philadelphia’s mayor has indicated that the goal of the tax is revenue generation, but public health advocates are lauding the potential benefits from the standpoint of reducing sugar consumption.
  • The reaction to Philadelphia’s tax is predictably mixed, with the American Beverage Association (ABA) opposed to the measure while the Center for Science in the Public interest is in favor.  Industry stakeholders and public health advocates also have voiced divergent predictions regarding whether taxes of this nature are likely to take root in other U.S. jurisdictions.  The ABA has stated its intent to take legal action to stop implementation of the tax, arguing that the city has overstepped its taxation authority in violation of Pennsylvania’s state constitution.

The Daily Intake will return on June 27.

FDA issues third edition of guidance regarding prior notice for imported food.

  • Under Section 801(m) of the Federal Food, Drug, and Cosmetic Act, FDA requires the submission of “prior notice” in advance of an article of food arriving at the U.S. border.  “Food” is defined broadly to include finished foods, ingredients, and raw materials.  The prior notice requirements have been in effect since 2003.
  • On June 16, 2016, FDA issued its third edition of a guidance document addressing prior notice of imported food.  The guidance provides a list of questions that frequently have been asked about the prior notice requirements, and the answers to those questions.
  • Interested parties may find the updated guidance helpful, particularly as it addresses a relatively recent amendment to the prior notice regulations as required by the FDA Food Safety Modernization Act (FSMA).  Specifically, under FSMA, a person submitting prior notice of imported food now must report the name of any country to which the article has been refused entry.

IARC concludes that very hot drinks are “probably carcinogenic.”

  • The International Agency for Research on Cancer (IARC) is a part of the World Health Organization (WHO) that conducts and coordinates research on cancer and carcinogens worldwide.  The IARC made global headlines in Fall 2015 when it reported that processed meat was carcinogenic and that red meat was “probably carcinogenic” to humans.
  • On June 15, 2016, the IARC reported that scientific evidence suggests that very hot beverages — around 65 degrees Celsius or higher — probably cause esophageal cancer.  Although the organization previously had rated coffee as “possibly carcinogenic,” it has now reversed this classification.  On the contrary, some studies indicate that coffee may reduce the risk of developing certain types of cancer.
  • The WHO has indicated that the hot drink conclusion is based on limited evidence in humans and animals, and that more research is needed.  However, in light of the preliminary evidence, the recommendation is that consumers allow drinks to cool down — at least so that they are no longer “very hot” — prior to consumption.