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Legislative Line

Legislative Line

Published October 19, 2021 at 4:03 pm ET

Barry Scher

Barry Scher is a government and retail consultant with Policy Solutions LLC. He is a 42-year veteran of Giant/Landover, where he held several key positions, including Vice President of Corporate Public Affairs. He can be reached at [email protected].

Now that fall is almost here and summer vacations over, there is a desire on Capitol Hill to roll up sleeves and get down to critical needs. And there are indeed many critical issues coming up before Congress. At press time, the trillion-dollar spending plan is being ironed out as some states continue to look to Washington for help with a myriad of state infrastructure needs. Then there are spending, and tax changes being contemplated. Then the end of the fiscal year is coming up in just a few weeks, and with it the risk of a U.S. default if a cap on the nation’s borrowing authority is not raised. Since the Democrats still control a slim majority, they have also vowed to revive a doomed voting rights fight and are also still sparring with critics on the lingering fallout from the U.S. troop withdrawal from Afghanistan.

There are also a lot of important social safety net issues on the Congressional agenda. Some lawmakers back additional funding legislatively that would boost global COVID-19 vaccine manufacturing, arguing that the president needs to do more to fight the worldwide pandemic. There is a report circulating that says the administration has only spent a small fraction of funding already provided for worldwide vaccine manufacturing. Then there are continued issues involving jobless benefits and food and nutrition concerns resulting from the pandemic’s devastating blow to at-risk Americans. As you can see, there is a lot on our House and Senate members’ plates. What else is happening pertinent to our food industry? Read on.

Shoppers’ Fall Concerns

Our friends at the Food Marketing Institute (FMI) have issued a new report stating that most U.S. adults do not expect a “return to normal” this fall because of the pandemic. In addition, half of adults surveyed say that food shopping is as stable as it is going to be for the near future.

The research also found, according to the Specialty Food Association, that 77 percent of consumers reported that having vaccine and mask requirements for both staff and shoppers would make them feel acceptably safe at stores and 87 percent said that hygiene or distancing measures can make in-store shopping more attractive. Respondents reported concerns about getting sick from other shoppers (40 percent), touching shopping carts (30 percent), store employees (29 percent), and surface contamination (29 percent). Less than one-quarter said they were worried about spreading illness.

FSIS Prepares To Update Guidelines For Food Safety At Retail

The Department of Agriculture’s Food Safety and Inspection Service (FSIS) plans to revise and update its guidance on helping retailers prevent foodborne pathogens from meat products sold at retail, according to Meatingplace News. The FSIS effort stems from a series of focus group studies that began in 2019 to address the clarity and utility of the agency’s guidance for Listeria monocytogenes to protect the public from foodborne outbreaks from retail sources. The focus groups – conducted with Food and Drug Administration (FDA) and the Centers for Disease Control (CDC) – recommended that FSIS improve the consistency, clarity and overall content of the outreach materials produced by FSIS. Stay tuned.

More News On Labeling Of Meat And Poultry Products Derived From Animal Cells

The FSIS has published an advance notice of proposed rulemaking to solicit comments and information regarding the labeling of meat and poultry products made using cultured cells derived from animals under FSIS jurisdiction. FSIS will use these comments to inform the industry, including food retailers, pertaining to future regulatory requirements for the labeling of such food products.

I reported earlier this year that USDA and FDA announced a formal agreement to jointly oversee the production of human food products made using animal cell culture technology and derived from the cells of livestock and poultry to ensure that such products brought to market are safe, unadulterated, and truthfully labeled. Other than new labeling regulations concerning this product, FSIS does not intend to issue any other new food safety regulations for the cell-cultured food products under its jurisdiction. FSIS has already received thousands of comments on the topic in response to a 2018 joint public meeting with FDA. The agency, however, needs specific types of comments and information that will pinpoint the process of developing labeling regulations for meat and poultry products made using animal cell culture technology. There is currently a 60-day period for comments on the advance notice of proposed rulemaking so another “stay tuned” is in order. For more information, visit FSIS at: www.fsis.usda.gov/policy/federal-register-rulemaking/federal-register-rules.

USDA Invests $700 million In Grants – Retailers Included

Last month Agriculture Secretary Tom Vilsack announced that $700 million in competitive grant funding will be available through the new Farm and Food Workers Relief (FFWR) grant program to help farmworkers and meatpacking workers with pandemic related health and safety costs. Additionally, to recognize the essential role and costs borne by front-line grocery workers, $20 million of this amount has been set aside for at least one pilot program to support grocery workers and test options for reaching them in the future. This new program is funded by the Consolidated Appropriations Act of 2021 and is part of USDA’s Build Back Better efforts to respond and recover from the pandemic.

This new investment is a good move that has been widely applauded. United Food and Commercial Worker’s International (UFCW) President Marc Perrone said, “America’s meatpacking and grocery workers have been on the frontlines since the pandemic began, risking their health every day to keep our food supply secure during this crisis. This new USDA grant program recognizes the incredible service and sacrifices of our country’s essential food workers by providing the critical financial support they need.”

HSA Coverage For Supplements

A bill has been introduced in the House of Representatives that would allow Health Savings Account (HSA) funds to be used to pay for dietary supplements. The bill mirrors most of the provisions of a bill already in the Senate. If the bill is enacted, most likely retail stores will have to do little, if any, additional paperwork when selling dietary supplements.

The bill, which is co-sponsored by John Curtis (R-UT) and Josh Gottheimer (D-NJ), would allow consumers who are putting before-tax funds into Health Savings Accounts to use those funds for the purchase of dietary supplements. Currently HSA funds can only be used for approved health care costs such as doctor’s visits and hospital co-pays, medications, and medical devices. That eligibility was extended in 2020 to OTC drugs and feminine care products.

McDonald’s To Debut McPlant Burger

In yet another story about plant-based products, McDonald’s is gearing up to take a bite out of the alternative burger market as it recently announced plans to debut its McPlant plant-based burger at select locations in the United Kingdom and Ireland. The new sandwich is the result of an ongoing three-year partnership with Beyond Meats, which is providing the vegan burger patty. Concern over how a fast-food vegan burger is prepared is also being addressed by McD’s, as the company confirmed that the McPlant will be cooked on separate grills from its other products according to Meatingplace News. The partnership with Beyond Meat is expected to result in further plant-based offerings, including chicken sandwiches and breakfast items.

McDonald’s is a huge player, and a lot of eyes will be watching this test program to see if it expands elsewhere in the world. Hmmm, for those of you who play the stock market, this may be a good time to do a bit of market research into Beyond Meat, Inc.

Local Guy Makes Good

America’s busiest ports have said that congestion and bottlenecks may continue into 2022 thus you should anticipate continued delays of food and general merchandise products from reaching retailers and distributors in the U.S. Last month, the White House announced that John Porcari will be the port envoy to the Biden-Harris administration supply chain disruptions task force. If anyone can address and solve these huge bottlenecks, it is Porcari. I have known John ever since he worked for former Prince George’s County, MD executive Parris Glendenning and as secretary of transportation for Maryland and deputy secretary and COO of the federal Department of Transportation under the Obama-Biden administration. He brings a wealth of knowledge to the table to find solutions to unclog our ports thus getting products quicker to the consumer. Now if John can only also solve the shortage of truck drivers we would be in much better shape.

Barry Scher is associated with the public policy firm of Policy-Solutions LLC and may be reached at [email protected].

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