Well folks, we have about four weeks to go until Election Day and that fact, coupled with the appointment of a new Supreme Court Justice, means that history will soon be made. The only thing that you can do to impact these critically important events is to remember to vote. But of course, you knew that. If only I had a reliable crystal ball. Since I do not, let us look at what is factual as we review what has been occurring on the Hill.
Product Of USA
Food Safety News reports that the latest attempt to force the U.S. Department of Agriculture (USDA) to reinstate country of origin labeling (COOL) rules fell short. A federal judge in New Mexico granted motions on August 27 by defendants Tyson Foods Inc., Cargill Meat Solutions, JBS USA, and the National Beef Packing Co., to dismiss the two consolidated cases involving the long-fought COOL issue. I had last written about this issue several months ago.
You may recall that USDA enacted the COOL rules just seven years ago which required that meat be labeled with information pertaining to where an animal was born, raised and slaughtered. Then Canada and Mexico cried out stating that they were hurt economically by the COOL labeling requirements and they then challenged the USDA rule before the World Trade Organization (WTO) and won! The WTO’s ruling allowed Canada and Mexico to impose billions in punitive tariffs unless the US repealed the COOL rule.
Then five years ago, Congress folded by eliminating COOL, and the USDA watered down its labeling requirements to Canada’s and Mexico’s liking. Critics say meat sold under “Product of USA” labels routinely include foreign product. Food Safety says that is because the “Product of USA” label can be used if the product is processed in the U.S. even if it is of foreign origin.
The consolidated cases that the judge tossed united cattle producers and consumers in claiming “Product of USA” labeling amount to fraudulent and misleading practices because cattle raised in a foreign country and imported for slaughter and processing can qualify for the label, thus fooling consumers. You still with me?
The judge, however, did not see it that way and found the governing statute for labeling leaves the matter within the USDA’s jurisdiction. And the judge ruled that USDA is within its authority of regulated COOL labeling and it was not necessary to determine if that labeling might be misleading.
The plaintiffs are reviewing their prospects for appeal. The USDA is also planning on rulemaking that might result in a tougher standard for use of a “Product of USA” labeling standard. Stay tuned.
FDA Promotes Nutrition Facts Label
The U.S. Food and Drug Administration (FDA) has updated many of its nutrition education resources with the introduction and use of the new “Nutrition Facts” label and wishes to remind your marketing folks that these resources are available online. The new label, which is based on updated scientific information and new nutrition research, is the first major update to the label in more than 20 years. The refreshed design and updated information make it easier for consumers to make informed food choices that contribute to lifelong healthy eating habits. The information FDA has made available is free and may be adopted for your own use. While it is generally aimed at young children, it is nevertheless useful information for your marketing efforts to reach out to your adult shoppers. Go to www.fda.gov for more information.
Free Meals For Kids Extended
U.S. Department of Agriculture Secretary Sonny Perdue has announced that his department will extend several flexibilities pertaining to hunger relief programs through as late as December 31, 2020. The flexibilities allow summer meal programs operators to continue serving free meals to all children into the fall months and also extends benefits for participants in the Women, Infants and Children (WIC) program. This unprecedented move will help ensure that children have access to nutritious food during the pandemic.
In making the announcement, the secretary also highlighted the fact that the “Farmers to Families Food Box Program” had distributed more than 90 million food boxes in support of American farmers and families affected by COVID-19. Following the president’s approval to include up to an additional $1 billion in the program, Perdue said his department had approved up to $1 billion in contracts to support American producers and communities in need through the food box initiative. This is all great news, but USDA is facing fresh scrutiny over reports that the administration is inserting signed letters from the president into the food boxes. House Democrats are seriously questioning the letters as a self-promoting tactic. Sound familiar? The president did the same thing when the first stimulus checks were sent out.
Leafy Greens Agreements
The Leafy Greens Marketing Agreements (LGMA) in California and Arizona have been amended by their formal advisory boards to require additional safety practices for growing leafy greens such as romaine lettuce in the two states that grow the vast majority of leafy green vegetables. According to Food Safety News, the additional safety measures follow costly and embarrassing outbreaks of E. coli 0157:H7 normally associated with cattle that were traced instead to romaine and other products being grown under the LGMAs’ voluntary rules.
You may recall the hundreds of multiple-state outbreaks that sickened nearly 500 people over the time period of a few years, resulting in a handful of deaths and creating bad publicity for growers and their retail partners. More than 50 new changes were approved by the LGMA board, including adopting new requirements that ensure the safety of water used during applications of pesticides and other approved enhancements to monitor growing practices.
Hemp-CBD Dietary Supplement Bill Introduced In House
House Representative Kurt Schrader (D-OR) and Representative Morgan Griffith (R-VA) have introduced the Hemp and Hemp-Derived CBD Consumer Protection and Market Stabilization Act of 2020 to allow hemp and hemp-derived CBD to be legally marketed in dietary supplements.
The act (HR 8179) directs the FDA to use its authority and resources to set a clear regulatory framework for hemp and hemp-derived CBD and assure consumer protection. The legislation would allow hemp and hemp-derived CBD to be legally marketed in dietary supplements so long as manufacturers comply with new dietary ingredient requirements and other Food and Drug Act dietary supplement policies. Well over a full year has passed since FDA held a public meeting to better understand hemp-derived substances and also two years have passed since the Farm Bill was enacted, legalizing hemp-derived CBD, but the agency has not taken any action to legalize this ingredient, facilitating an unregulated marketplace.
FDA Provides Added Flexibility Regarding Facts Labels
FDA has announced additional flexibility for manufacturers who need to comply with updated Nutrition and Supplement Facts label requirements by January 1, 2021. This upcoming compliance date applies to manufacturers with less than $10 million in annual food sales. Although the compliance date will remain in place, the FDA will not focus on enforcement actions during 2021 for these smaller food manufacturers. This additional flexibility includes manufacturers of packages and containers of single-ingredient sugars, regardless of the size of the manufacturer.
The FDA has heard from some manufacturers that more time may be needed to meet all the requirements, especially during the COVID-19 pandemic.
The FDA provided the same flexibility for manufacturers with $10 million or more in annual sales, as I previously reported, who were required to comply with the Nutrition and Supplement Facts label requirements by January 1, 2020, by indicating it would not focus on enforcement actions during 2020.
U.S. Regulatory Update On Food Safety
You may want to alert your food safety staff that the October 27 International Association for Food Protection 2020, a virtual annual meeting, will feature a “U.S. Regulatory Update on Food Safety” from Frank Yiannas, FDA deputy commissioner for food policy and response, and Mindy Brashears, deputy undersecretary for food safety of USDA. Yiannas and Brashears are scheduled to provide insight into the latest information from FDA and USDA and there will also be a question and answer period. Participants will join thousands of food safety professionals from around the world for remote sharing, learning, and networking. The actual conference starts on October 26 and runs till October 28. More than 3,800 food professionals from six continents usually attend the conference. For more information, call IAFP at (515) 276-3344.
Barry Scher is associated with the public policy firm of Policy Solutions LLC and may be reached at [email protected]
