Written by M. Sean High—Staff Attorney
The following information is an update of recent
local, state, national, and international legal developments relevant to
agriculture:
Animal
Welfare: USDA Seeks Comment on Animal Welfare Licensing Requirements
On August 24, 2017, the USDA Animal and Plant Health
Inspection Service (APHIS) published notice in the Federal Register soliciting
public comment regarding potential revisions to the licensing requirements
under the Animal Welfare Act (82
FR 40077). According to APHIS, public
comment is being sought in order “to help [APHIS] consider ways to reduce
regulatory burden and more efficiently ensure the sustained compliance of
licensees with the Act.” Accordingly, APHIS “will consider all comments [received]
on or before October 23, 2017.”
COOL:
Italy to Require Country of Origin Labels on Pasta and Rice
On August 25, 2017, Food
Navigator reported that Italy has passed measures requiring that rice and
pasta sold in the country must contain a country of origin label (COOL). According
to the article, “[t]he COOL requirements echo standards implemented by Italy
last year that mean manufacturers have to indicate the origin of raw materials
used to produce dairy products, including milk, cheese, butter and yogurt.” Food
Navigator stated that “food makers have 180 days to adapt their packaging to
the new standards and ‘dispose’ of labels and packaging already produced.”
Food
Safety: USDA Seeks Nominations for National Advisory Committee on
Microbiological Criteria for Foods
On August 28, 2017, USDA published notice in the
Federal Register soliciting nominations to fill 17 vacancies on the National
Advisory Committee on Microbiological Criteria for Foods (NACMCF) (82
FR 40744). According to the notice, previously,
on December 7, 2016, USDA had sought nominations for 15 vacancies on NACMCF
with a January 6, 2017 closing date. As
a result of USDA’s latest notice, the nomination period is reopened with a scheduled
close date of September 27, 2017.
Regarding the increased number of committee vacancies, USDA stated that “[s]ince
the original announcement was made two additional members have left the
committee.”
Menu
Labeling: FDA Announces Menu Labeling Guidance
On August 25, 2017, the FDA announced
that the agency will be providing “additional, practical guidance on the menu
labeling requirements by the end of this year.” The FDA stated that the “additional
guidance will address concerns that were raised about challenges establishments
faced in understanding how to meet their obligations under the new regulations.”
According to the FDA, “[t]hese new policy steps should allow covered
establishments to implement the requirements by next year’s compliance date.”
FSMA:
FDA Releases Preventive Controls for Human Food Rule Guidance
On August 30, 2017, “the FDA announced
the availability of guidance for food facilities that explains how to establish
and implement a heat treatment, such as baking or cooking, to prevent
contamination by disease-causing bacteria.” According to the FDA, the guidance is
“entitled “Draft
Guidance for Industry: Hazard Analysis and Risk-Based Preventive Controls for
Human Food,” [and is] designed to help food facilities comply with the
preventive controls for human food rule, mandated by the FDA Food Safety
Modernization Act.” The FDA stated that the “guidance is intended to help food
facilities comply with specific requirements of the rule, such as developing a
written food safety plan, establishing preventive controls, and taking
corrective actions.”
FSMA:
FDA Announces FSMA Third-Party Certification User Fee Rate for FY 2018
On August 29, 2017, the FDA published notice in the
Federal Register announcing the Food Safety and Modernization Act (FSMA) third-party
certification program user fee rate for fiscal year 2018 (82
FR 41035). According to the FDA, under
FSMA, the program covers the “accreditation of third-party certification bodies
conducting food safety audits and issuing food and facility certifications to
eligible foreign entities (including registered foreign food facilities) that
meet our applicable requirements.” The FDA stated that the announced third-party
certification program user fee rate will become “effective on October 1, 2017,
and will remain in effect through September 30, 2018.”
FSMA:
FDA Releases FSMA Intentional Adulteration Rule Guidance
On August 24, 2017, the FDA announced
“the availability of an SECG [Small Entity Compliance Guide] to help small
businesses comply with the Final Rule on Mitigation Strategies to Protect Food
Against Intentional Adulteration (or Intentional Adulteration Rule), mandated
by FSMA [Food Safety Modernization Act].
According to the FDA, “[t]he SECG was prepared in accordance with the
Small Business Regulatory Enforcement and Fairness Act…[and] provides
nonbinding recommendations on such topics as developing a food defense plan and
records management.” The FDA stated that the “compliance date for small
businesses under the Intentional Adulteration Rule is July 27, 2020. According to the FDA, “[v]ery small
businesses are exempt from the rule, except for a documentation requirement
described in the SECG, which has a compliance date of July 26, 2021.”
Pennsylvania
Actions and Notices
Department of Agriculture
- Fiscal year 2015-2016 Annual Plan for awarding grants under the Pennsylvania Agricultural Fair Act
- Fiscal year 2016-2017 Annual Plan for awarding grants under the Pennsylvania Agricultural Fair Act
AgLaw HotLinks:
- Glyphosate case leaks under scrutiny – Politico
- Feed mills face food safety deadlines – Farm and Dairy
- Farmers face vendor lock-in as agriculture goes digital – Venture Beat
- Bill Would Create New Visa Category – Farm Journal’s MILK
- Hurricane Harvey brings food safety challenges to millions – Food Safety News
- Is ‘Food Waste’ Really Such a Waste? – The Wall Street Journal
- Engineering Honesty: USDA Moves to Disclose “GMOs” – Center for Science in the Public Interest
- NYC Agrees to Wait on Calorie Counts for Convenience Stores – The Wall Street Journal
- More Questions than Answers on Dicamba – Brownfield
- Advocacy group sues USDA over CAFO approval – Feedstuffs
- Group sues USDA over GE labeling – Feedstuffs
- US and Mexico united on dairy trade priorities amid NAFTA renegotiation talks – Dairy Reporter
- Americans OK with GMs for health care, but still wary about food – Purdue University
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