It is mid-summer and it should be the time for vacations and relaxing. But, not so as Mr. Pandemic is still here among us and unfortunately will be for the foreseeable future. And in some states, COVID-19 is on the rise again and rearing its ugly head once more as some businesses are forced to re-close. Yet our friends on Capitol Hill, mainly staff and regulatory folks, continue their daily grind with many still working from home. As much as I wish there was lots of news to report that highlighted legislative and regulatory activity other than that related to the coronavirus, there is not a lot going on as addressing pandemic issues remains in the forefront for lawmakers and regulatory staff. Following is a run-down of issues important to our food industry at this mid-year juncture.
Dietary Guidelines: The Argument Continues
Since my last update to you on the roll-out of the critically important Dietary Guidelines, numerous trade publications have reported on the continuing argument among several dietary focused factions over the content of the draft 2020 Dietary Guidelines. The reason for the current media attention was an eight hour, online recent meeting of the 2020 Dietary Guidelines advisory committee (a government-appointed strategic advisory group made up of food professionals from academia, science and other professional advisory organizations) in which it presented its preliminary recommendations to interested parties. A number of the online groups, including the Nutrition Coalition, the Academy of Nutrition and Dietetics and proponents of low-carb and high-fat diets, continued to argue for delaying the report to ensure that there was enough time to review all of the scientific evidence. However, Politico’s Morning Agriculture reported that a lot of the preliminary recommendations were similar to those that occurred during the last review period during the Obama administration, except for reducing recommended alcohol consumption for men to one drink per day and the consumption of added sugars from 10 percent to 6 percent of daily calorie intake. Nothing major changed but some non-government organizations still want their say. What is next?
Once the committee finishes its official report, the document moves on to the U.S. Department of Agriculture and Health and Human Services for final drafting and then public comment hearings. The latest draft unveiled last month is still not finalized at presstime but the release of the final report to USDA and HHS is expected to be done by the end of July. However, there could be a delay which would not be that unusual. The advisory committee’s charter extends until October, so their work could continue through the summer and beyond, if necessary. The 2015-2020 Dietary Guidelines are currently in effect until the 2020-2025 Dietary Guidelines are released. There are still lots of moving parts. Stay tuned.
Food And COVID-19
The Centers for Disease Control (CDC) in Atlanta has recently published “Food and Coronavirus Disease 2020,” which discusses the risk of contracting COVID-19 through food. It concluded that currently there was no evidence that handling or consuming food is associated with contracting COVID-19. And to reinforce that message, USDA Secretary Sonny Perdue and FDA Commissioner Stephen Hahn released a joint statement that there is “no evidence that people can contract COVID-19 from food or from food packaging,” and that moves by some countries to restrict food exports are “not consistent with the known science of transmission.” You may recall that last month China suspended poultry imports from a Tyson Foods plant in Arkansas because of a coronavirus outbreak at the site. Not to worry, says the CDC.
By the way, the CDC has published a proposed COVID-19 testing strategy for workers in critical industries, including food and agriculture, after a coronavirus case is uncovered. The strategy comes with a diagram that explains the procedures to follow. Check the CDC website (www.cdc.gov/cdc-info/index.html) for more information. You can also find very useful resources at www.usa.gov/coronavirus and at www.USA.gov/Coronavirus.
Pandemic’s Impact On Eating Habits
“The Weekly,” a publication of the Institute of Food Technologists, reported that the International Food Information Council’s 2020 Food & Health Survey found that 85 percent of Americans polled had made at least some change in the food they eat or how they prepare food due to the pandemic. The greatest change was that 60 percent of those surveyed are cooking more of their meals at home. Forty-nine percent were concerned about the safety of food prepared outside their homes. In addition, 32 percent were snacking more, 30 percent were washing fresh produce and 27 percent were thinking of food more often. That should give your marketing folks something to think about.
FDA Labeling Flexibility Challenged By F.A.R.E.
Food Navigator-USA reported that the Food Allergy Research and Education (F.A.R.E.) group has met with FDA to express its concerns about the temporary flexibility the agency has granted food manufacturers in labeling substitutes used to replace sourced ingredients due to the pandemic. Even though the FDA guidance spells out that none of the big eight allergens on a long list of other ingredients can be used, FA.R.E. expressed concern that some consumers with food allergies and sensitivities could be negatively affected.
Sugar Industry Seeks Leadership Help
The Sugar Association has filed a citizen’s petition asking FDA to require “complete and accurate labeling of low-and no-calorie sweeteners on food packages.” The petition would require food manufacturers to label all non-nutritive sweetener ingredients on packaging as a “sweetener.” The Sugar Association also wants to see that products marketed to children list the name and amount of sweeteners on the front of the package. The association is basically claiming that no sugar or reduced added sugar claims lead consumers to conclude that the reformulated products are healthier. And the Sugar Association is now questioning that conclusion.
The FDA has 180 days to respond to the petition. Politico reports that it is unclear how receptive the folks at FDA will be to the group’s request as FDA officials have already spent several years on a major update to nutritional labeling. Nevertheless, some tweaking may yet occur on the labeling of sugar substitutes.
SNAP Redemptions Increase
We know that the number of Supplemental Nutritional Assistance Program (SNAP) clients has increased significantly throughout the country, especially since March when the pandemic started to rear its head. Anti-hunger groups, food banks, and House and Senate Democrats recognized the problem early on and have pleaded with Congress to increase food assistance benefits. Sad to say that the pitch fell on deaf ears on the House and Senate Republican side of the aisle but we believe there is still hope that food assistance benefit programs will be expanded soon especially as a new economic recovery package begins to take shape.
Senate Democrats are also calling on USDA to step up assistance for so-called food deserts amid the pandemic, according to Politico. In a formal letter orchestrated by Agriculture Committee members Amy Klobuchar (D-MN) and Sherrod Brown (D-OH), 20 senators asked Perdue to ”support local and regional food development projects to minimize areas with less access to healthy food options.”
Remember the $3 billion contract USDA put together for the development and fulfillment of food boxes for those in need that I wrote about last month? This month’s update is that USDA reported that more than 5 million food boxes have now been delivered to the needy. There were a lot of doubts that the program would work because it was created rather quickly with the goal of moving excess meat, dairy, fruits and vegetables from farms to food banks amid the pandemic. While food banks have appreciated the assistance, they have also reported significantly higher costs and logistical issues that they did not anticipate. In most cases, the food banks had to “eat” their increased costs.
WIC News
The Agriculture Department has made it easier for states to continue serving Women, Infants and Children (WIC) participants during the pandemic including allowing families to sign up and get their benefits remotely, according to a Politico news brief that crossed my desk. However, Senate Agriculture Chair Pat Roberts (R- KS) and ranking member Debbie Stabenow (D-MI) are now urging Perdue to extend these regulatory flexibilities through September 30, 2020.
USDA is currently granting month-to-month extensions, but lawmakers argue this setup makes it harder for states to plan effectively and essentially amounts to an administrative burden. “Extending these existing state-based waivers through September 30 would provide certainty and availability to WIC participants, providers and vendors navigating variable phased re-opening procedures across public, private, and health sectors,” read a letter signed by nearly the entire Sente Ag Committee.
Finally, did you know that there are now about 100 days to go to Election Day? So, in the meantime, stay safe and try to have a great summer. Your vote will be needed come November!
Barry Scher is associated with the public policy firm of Policy Solutions LLC and may be reached at [email protected].