Tag archives: Food Safety

FDA finalizes FSMA Foreign Supplier verification programs rule

On November 16, 2015, the Food and Drug Administration (“FDA”) finalized the Foreign Supplier Verification Programs rule (“FSVP”) for importers of food for humans and animals under the Food Safety Modernization Act (“FSMA”). The final rule lays out risk-based requirements for importers to follow that would verify that the food imported in the United States … Continue reading

Chipotle sued for non-GMO claims

A California woman has filed a class action lawsuit in federal court against Chipotle Mexican Grill, Inc. (“Chipotle”) taking issue with Chipotle’s ads touting its restaurants as serving only ingredients that are free from genetically modified organisms (“GMOs”). Colleen Gallagher alleges that Chipotle’s advertisements violated California’s Consumer Legal Remedies Act, Cal. Civ. Code §§ 1750, … Continue reading

Push for industrial hemp for human consumption in Australia grows

State and Federal Tasmanian Members of Parliament have stepped up the pressure on the Federal Government to allow production of industrial hemp for human consumption. In Australia, the National Standard for the Uniform Scheduling of Medicines and Poisons (SUSMP) includes the genus Cannabis as a ‘Prohibited Substance’, except as processed hemp fibre containing 0.1 per … Continue reading

FSANZ calls for submissions on GM soybean

Food Safety Australia New Zealand (FSANZ) has opened submissions into a request by Monsanto Australia (Monsanto) to market (but not cultivate) food based on a genetically modified soybean line, MON-87751. MON-87751 has been genetically engineered to express two proteins, which provide protection from feeding damage caused by particular insects. The GM soybean would be cultivated … Continue reading

Australian Government begins second awareness campaign for Health Star Rating

The Australian Government has begun further awareness raising for its multi-million dollar Health Star Rating (Health Star) system. The Health Star system aims to aid in the education of Australians regarding their food choices, through a complicated 5 star rating system. The Health Star system awards points to foods based on their protein, fibre and … Continue reading

Australian – Stock and Pet Food Regulation

The Australian Government recently made substantial amendments to the Agricultural and Veterinary Chemicals Code Regulations 1995 (Agvet Code Regulations)[1]. These amendments were intended to reduce the impacts of regulation on low risk stock food and pet foods, and are estimated to save $7.8 million per year in regulatory costs. The Government has now released a … Continue reading

Australian Parliament introduces food import and export bills

The Australian Parliament has recently introduced two suites of bills, relating to charges for the import of food into, and export of food out of, Australia. The Export Charges (Collection) Bill 2015, Export Charges (Imposition – General) Bill 2015, Export Charges (Imposition – Excise) Bill 2015 and Export Charges (Imposition – Customs) Bill 2015 (collectively … Continue reading

Australia – new country of origin food labelling regime

In a surprise announcement, Australian Prime Minister Tony Abbot announced on 21 July 2015 the new labelling regime, earlier than expected. This announcement follows a large public survey on the issue of country of origin food labelling, which had almost 18,000 responses. In a press conference, along with the Hon. Ian Macfarlane, Minister for Industry … Continue reading

City of Toronto launches controversial food safety pilot program

The City of Toronto recently launched a pilot program that allows individuals to anonymously report suspected cases of food poisoning to Toronto Public Health. The program, which Toronto has dubbed “GastroBusters”, allows residents to anonymously report the details of their illness online or by telephone. Opponents of the GastroBuster program have pointed out that the … Continue reading

House approves anti-GMO labeling bill

On Thursday afternoon, the U.S. House of Representatives passed H.R. 1599 which, if enacted into law, would prohibit state and local governments from mandating the labeling of foods made with genetically engineered crops. Significantly, the law would invalidate GMO labeling laws that have already been enacted, although are not yet in effect, in Vermont, Connecticut, … Continue reading

FDA proposes new user fee program to provide for accreditation of auditors to conduct food safety audits

FDA has issued a proposed rule (“User Fee Rule”) to amend the previously-proposed rule entitled “Accreditation of Third-Party Auditors/Certification Bodies to Conduct Food Safety Audits and to Issue Certifications” (“Accreditation Rule”) and to propose to establish a user fee program, as required by section 808(c)(8) of the Food, Drug, and Cosmetic Act. The purpose of … Continue reading

Proposed regulations on food nutritional labelling in Canada

On June 13, 2015, the Canadian government published proposed Regulations Amending the food and Drug Regulations – Nutrition Labelling, Other Labelling Provisions and Food Colours, for a 75 day comment period.  The pre-publication of the regulations follows a two year history of public and industry consultations, which aim to effect a large scale overhaul of … Continue reading

Eighth issue of Cultivate now available

* posted by Cori Goldberg on June 25, 2015 Cultivate – Food and agribusiness newsletter Issue 8: We invite you to read about these developments affecting the food and agribusiness industry and welcome your thoughts on areas to cover in future issues. In this issue: The dairy sector – key issues relating to process plant … Continue reading

FDA bans trans fats: food manufacturers to stop using trans fats within three years

On Tuesday, June 16, 2015, the Food and Drug Administration (”FDA”) announced its Final Determination Regarding Partially Hydrogenated Oils. According to the determination, by June 18, 2018, food sold in the United States may not contain partially hydrogenated oils, which are generally known as trans fats. Specifically, the FDA banned the use of “those fats … Continue reading

New procedural rules for Canada Agricultural Review Tribunal reflect competing needs of flexibility and predictability in administrative proceedings

New rules have come into force for the Canadian Agricultural Review Tribunal (the “Tribunal”). In Canada, certain decisions affecting the food industry have been delegated to quasi-judicial administrative tribunals. Administrative tribunals have been created for the purpose because they facilitate the appointment of decision-makers with expertise in the subject area, and they facilitate more informal … Continue reading

FDA limits use of antibiotics in food-producing animals

By December 2016, it will be illegal to use certain antibiotics in food-producing animals’ feed or water unless (1) the animal producer obtains authorization from a licensed veterinarian and (2) the drug is used only for prevention, control, or treatment of a specifically identified disease. The U.S. Food and Drug Administration (“FDA”) announced the new … Continue reading

Nutrition content and health claims

The Australia New Zealand Food Standards Code (the Code) sets out Food Standards that are legislative instruments under the Legislative Instruments Act 2003. A new Standard to regulate nutrition content claims and health claims on food labels and in advertisements became law on 18 January 2013 (Standard 1.2.7) (the Standard). The Standard sets out conditions … Continue reading

USDA Report: foodborne pathogens cause $15.5 billion economic burden annually

A USDA report published earlier this month estimated that foodborne pathogens impose a $15.5 billion burden on the U.S. public annually. The report notes that there are 9.4 million foodborne-pathogen caused illnesses in the U.S. annually, despite the fact that government and the food industry “expend considerable resources in trying to prevent the foodborne illnesses.” … Continue reading

WTO Ruling: US Must Revise or Repeal COOL to avoid Sanctions

Earlier this week, the World Trade Organization rejected a US appeal of the WTO’s decision that country-of-origin-labeling (COOL) on beef and pork improperly discriminates against meat imports and to the benefit of domestic meat products. The WTO’s May 18 decision constitutes the WTO’s final ruling as the US has exhausted the trade body’s appeal process. … Continue reading

Australia – Country of Origin Labelling developments

Prompted by the frozen berries Hepatitis A scare, Agriculture Minister Barnaby Joyce and Industry Minister Ian Macfarlane have been asked by Prime Minister Tony Abbott to prepare a cabinet submission on reforms to country-of-origin labelling laws. Mr MacFarlane has promised major changes to Australia’s food labelling laws in the wake of the frozen berries scare, … Continue reading

Panera Bread to remove certain food additives

Panera Bread has identified approximately 150 artificial additives and preservatives that will be removed from the restaurant’s food by 2016. The now-banned substances range from tert-butyl-hydroquinone to high fructose corn syrup. Steps to remove these ingredients are already being taken in stores across the United States and Canada. Panera’s announcement represents a larger trend in … Continue reading

Food safety newsletter – April 2015

The monthly newsletter will provide a quick overview of legal issues affecting food safety, including the enactment of new statutes and regulations and significant case law developments, in the US and abroad. In this issue: World Health Organization announces food safety awareness initiative Chipotle goes GMO-free Tyson to phase out antibiotics in chicken Breast milk … Continue reading

Australia – Warning: Imported Food Ahead

On 2 March 2015, minority independent Federal Member, Bob Katter, introduced into the Australian Parliament the Imported Food Warnings Labels Bill 2015. This Bill seeks that all imported food products carry the label: Warning: Imported Food. This food has not been grown or processed under Australian health and hygiene standards and may be injurious to … Continue reading

Scotland’s Focus On Food Safety & Healthy Eating: Food Standards Scotland

Scotland launched the Food Standards Scotland (FSS) on April 1, 2015. FSS is Scotland’s public sector food agency that took over responsibilities previously carried out by the United Kingdom’s Food Standards Agency (FSA). In 2010, United Kingdom government had transferred the responsibility for nutrition and food labeling standards in England from the FSA to the … Continue reading