Regulatory Update: Food Safety and Nutrition

Similar documents
TITLE III--IMPROVING THE SAFETY OF IMPORTED FOOD

Subpart K Administrative Detention of Food for Human or Animal Consumption. Food and Drug Administration, HHS 1.379

Jason Foscolo, Esq. (631) Food Safety Modernization Act Enforcement Prepared by Lauren Handel, Esq.

FDA ADVISORY. President Signs Sweeping Food Safety Reform. Title I. January 5, 2011

Food Act 1. Passed RT I 1999, 30, 415 Entered into force in accordance with 66.

Criteria Used to Order Administrative Detention of Food for Human or Animal

The Food Industry's Current and Future Regulatory Environment. Jessica P. O Connell May 23, 2017

Food Act 1. Passed RT I 1999, 30, 415 Entered into force in accordance with 66.

LAW ON PLANT PROTECTION PRODUCTS I. MAIN PROVISIONS

FY2018 and FY2019 Agriculture Appropriations: Federal Food Safety Activities

FSSA Regulatory Framework DNV Chennai. Jevanand Rajaram, Food Safety Lead auditor, DNV Chennai

Important Regulatory Developments: FDA's Reportable Food Registry and Other Reporting Obligations

Department of Health and Human Services Food and Drug Administration

MEMORANDUM. Joseph A. Levitt Elizabeth Barr Fawell. Date: December 21, Congress Passes Landmark Food Safety Legislation

Feed Act (86/2008, amendments up to 565/2014 included)

Seafood Safety and Compliance with FDA and CBP Regulations

H. R SEC ENHANCING TRACKING AND TRACING OF FOOD AND RECORDKEEPING.

Supplementary Order Paper

EUROPEAN COMMISSION GUIDANCE DOCUMENT. Key questions related to import requirements and the new rules on food hygiene and official food controls

2010 No (W. 220) AGRICULTURE, WALES. The Animal Feed (Wales) Regulations 2010 W E L S H S T A T U T O R Y I N S T R U M E N T S

To continue reading. FDA Deskbook A Compliance and Enforcement Guide

Food Safety Compliance Under Trump

A Review Of Public Health Pesticides Registration System In Selected SEA Countries

(Legislative acts) REGULATIONS

(Acts whose publication is obligatory) of 23 February 2005

Food Recalls and Other FDA Administrative Enforcement Actions

DGB 3B EUROPEAN UNION. Brussels, 5 November 2015 (OR. en) 2013/0435 (COD) PE-CONS 38/15 DENLEG 90 AGRI 362 CODEC 956

Transition document Transition document, Version: 4.1, October 2017

FDA's Consideration of Codex Alimentarius Standards in Light of International Trade Agreements

This document is meant purely as a documentation tool and the institutions do not assume any liability for its contents

Sanitary and Phytosanitary (SPS) Annex to the SADC Protocol on Trade:

The Food Safety Enhancement Act: Adjusting Food Safety Procedures for the 21 st Century

FY2016 Appropriations: Selected Federal Food Safety Agencies

FDA-2010-N-0371 FDA-2010-D-0354

FDA REFORM LEGISLATION Its Effect on Animal Drugs TABLE OF CONTENTS

Sanitary and Phytosanitary (SPS) Annex VIII to the SADC Protocol on Trade

THE RUSSIAN FEDERATION FEDERAL LAW ON TECHNICAL REGULATION

United States District Court

Ms. Debbie Barker International Program Director Center for Food Safety

FOOD SAFETY ACT Revised Edition CAP

Criminal Liability For Food Safety Violations: Jensen Farms and the FDA s Heightened Enforcement Efforts

FEDERAL LAW NO. 184-FZ OF DECEMBER 27, 2002 ON TECHNICAL REGULATION

Consultation draft 31 March, 2005

Codex 101 How To Guide. Dan Kunkel IR- 4 and Barbara Madden, Minor Use Team Leader Registration Division, U.S. EPA

13346/15 JDC/psc 1 DPG

LAW NO. 2003/10 LAW ON ARTIFICIAL FERTILIZERS

Codex 101 How To Guide

NADRO Annual Conference 2017 NMPF Update

P7_TA-PROV(2014)0125 Biocidal products ***I

Proposed Zero draft Pesticides Decree-Law for Timor-Leste CHAPTER I PRELIMINARY. Article 1 Purpose. Article 2 Definitions

Subtitle F Medical Device Innovations

A PUBLICATION FOR MEMBERS OF THE PET FOOD ASSOCIATION OF CANADA

FOOD LAW ENFORCEMENT POLICY

Act 1 Agricultural Chemicals (Control) Act 2007

Residues of veterinary drugs in food. WHO procedural guidelines for the Joint FAO/WHO Expert Committee on Food Additives. Geneva, January 2001

Food Safety Issues for the 113 th Congress

QUALITY CONTROL AND PREVENTION OF FOOD ADULTERATION ACT: CRITICAL APPROACH

REGULATION (EU) No 649/2012 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 4 July 2012 concerning the export and import of hazardous chemicals

Feed Law Enforcement Guidance Document (Northern Ireland)

Ministry of Agriculture and Forestry, Finland NB: Unofficial translation; legally binding texts are those in Finnish and Swedish.

TITLE: FDA Inspection SOP NUMBER: VERSION NUMBER: 1.0

Biotechnology, Food, and Agriculture Disputes or Food Safety and International Trade

DIRECTIVE 2009/39/EC OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL

Having regard to the Treaty establishing the European Economic Community, and in particular Article 100 thereof;

Case 4:18-cv KGB Document 30 Filed 04/19/18 Page 1 of 21

AGROCHEMICALS CONTROL ACT

Article 1 General principles and objectives

NATIONAL AGENCY FOR FOOD AND DRUG ADMINSTRATION AND CONTROL (NAFDAC)

FEDERAL LAW No. 184-ФЗ, dated

The Food Safety Act, 2013 (Act No. 43 of 2013) [10 th October, 2013]

National Advisory Committee on Microbiological Criteria for Foods. AGENCY: Food Safety and Inspection Service, USDA.

B REGULATION (EC) No 1831/2003 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 22 September 2003 on additives for use in animal nutrition

PESTICIDES ACT Revised Edition CAP

Legislative Brief The Food Safety and Standards Bill, 2005

AGRICULTURE AND GENDER: WOMEN AND AGRICULTURE

(Legislative acts) REGULATIONS REGULATION (EU) 2017/625 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL. of 15 March 2017

2015 Food No. 16 SAMOA

Review of Existing General Regulatory and Information Collection Requirements of the

(6) The adulteration or contamination of any pesticide sold in this state. (8) Violations of a stop order issued by the commissioner.

21 CFR Part 50 - Protection of Human Subjects

21 USC 360c. NB: This unofficial compilation of the U.S. Code is current as of Jan. 4, 2012 (see

FOOD PROCESSING/SAFETY & STANDARDS

Kansas Law Regulating the Sale of Conecentrated

Additional Issue Published by the Authority. Bangladesh Parliament

Objectives of this presentation

Annex to the Decision 28

AAFCO Structure. Andy Gray, Committee Coordinator 2008 Feed Administrator s Seminar Bass Lake, CA

General Chapters Overview

The Biocidal Products Ordinance (2000:338)

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ILLINOIS EASTERN DIVISION

Case 2:15-cv MWF-MRW Document 9 Filed 03/26/15 Page 1 of 32 Page ID #:70 UNITED STATES DISTRICT COURT FOR THE CENTRAL DISTRICT OF CALIFORNIA

E U C O P E S y n o p s i s

Official Journal of the European Union L 334/7

Federal Act on Foodstuffs and Utility Articles

Provisions on the Administration of the Registration of Foreign Manufacturers of Imported Foods

United States District Court

NEW ZEALAND RUGBY SUPPLEMENTS REGULATIONS

21 USC 350h. NB: This unofficial compilation of the U.S. Code is current as of Jan. 4, 2012 (see

KEY QUESTIONS: THE FOOD SAFETY AND STANDARDS BILL, 2005

JOINT FAO/WHO FOOD STANDARDS PROGRAMME CODEX ALIMENTARIUS COMMISSION

Transcription:

Regulatory Update: Food Safety and Nutrition Ricardo Carvajal Hyman, Phelps & McNamara, P.C. www.hpm.com www.fdalawblog.net North American Millers Association March 2015

Today s Agenda Ø FSMA Update Ø Biological and chemical hazards Ø Reportable foods Ø Gluten-free labeling Ø GMOs and FDA Ø 2015 Dietary Guidelines Ø Revamp of nutrition labeling 2

Ø Who s out: Commissioner Margaret Hamburg Ø Who s in: CFSAN Director Susan Mayne Chair, Chronic Disease Epidemiology, Yale School of Public Health CSPI Scientific Advisory Board Ø Who s still in: Michael Taylor, Deputy Commissioner for Foods and Veterinary Medicine 3

Status of FSMA Rules 4 Ø August 30, 2015 Preventive Controls for Human Food Preventive Controls for Animal Food Ø October 31, 2015 Foreign Supplier Verification Program Produce Safety Standards Accreditation of Third Party Auditors Ø March 31, 2016 Sanitary Transport of Food and Feed Ø May 31, 2016 Intentional Contamination

Who s going to pay for this? Ø In 2016 budget, FDA asks for $84M increase in budget authority $169M increase through proposed user fees (e.g., imports and facility registration) Ø 20% of foods program budget would be paid by fees 5

Without the requested $$$ Ø Delays in FSMA implementation Ø Inadequate staffing Ø Inadequate training of FDA and state inspectors Ø Unable to provide guidance and technical assistance to industry Ø Inadequate implementation of import safety system 6

The rules keep moving along Ø On 9/29/14, FDA issued proposed supplemental rules for: Preventive controls (human and animal food) Foreign supplier verification program (FSVP) Ø Some additional flexibility mostly additional obligations 7

Changes to Preventive Controls 8 Ø Surprise! (not) product testing and environmental monitoring requirements have been added Ø Product testing required to verify implementation and effectiveness of preventive controls, as appropriate Ø Environmental monitoring required if contamination of an RTE food with an environmental pathogen is a significant hazard

Also in 9 Ø supplier controls required if: hazard analysis identifies significant hazard for incoming ingredient hazard is controlled before receipt (in other words, by supplier) Ø choice* of verification activities onsite audit sampling testing Ø hazard analysis to include economic adulteration?

Small & very small businesses Ø Small businesses: < 500 employees 2 years to comply Ø VSBs: qualified facilities subject to modified requirements given 3 years to comply < $1M in total annual sales (human food) < $2.5M in total annual sales (animal food) 10

Changes to FSVP Ø Hazard analysis: more comprehensive evaluation of risks combines hazard analysis with compliance status review Nature of hazard Entity applying controls Supplier s food safety SOPs Supplier s compliance with U.S. food safety regulations Food safety performance history 11

Supplier verification 12 Ø Proposed rule included 2 options, one of which required on-site audits where there is a reasonable probability of SAHCODHA for hazard controlled by supplier Ø Supplemental rule provides more flexibility Determine verification measures based on food and supplier risks On-site audits required if SAHCODHA, unless you can show something else will work If have supplier verification as manufacturer, no need to duplicate

Biological hazards Ø No news is good news Ø FDA to designate high-risk foods additional recordkeeping requirements Ø Not on most recent regulatory agenda 13

Chemical hazards Ø Allergens cumin recall due to undeclared peanut Ø Agricultural cross-contact? Ø Economic adulteration? Ø Is advisory labeling a fix? 14

Pesticides Ø A food is adulterated if it bears or contains an unsafe pesticide residue Ø Unsafe = unapproved Ø Act prohibits residues, not use Ø In import context, zero tolerance 15

Reportable foods Ø Standard is reasonable probability of serious adverse health consequences or death Ø 24 hours to report unless narrow exception applies Ø Should determination be made in reference to hazard posed by finished food? 16

Gluten-free labeling claims Ø Final rule published in August 2013 Ø Compliance date of August 5, 2014 Ø Noisy roll-out Ø Total silence since then 17

Enforcement strategy? Ø Misbranding results where gluten is > or = 20 ppm Ø What is to be tested? Ø Highly consequential decision, for commerce and public health 18

GMOs and FDA Ø Still no credible challenge to safety of GMO foods Ø Some consumers claim right-to-know Ø Why FDA is sitting it out Ø Marketplace is moving on 19

2015 Dietary Guidelines Ø Dietary Guidelines Advisory Committee (DGAC) issued Scientific Report on February 23 Ø Public meeting on report is scheduled for March 24 Ø Members of the Dietary Guidelines Advisory Committee greatly exceeded their scope in developing recommendations Ø Agencies failed to keep the Committee focused on nutritional recommendations and away from areas such as sustainability and tax policy, which are outside of the Committee s purview. 20

Whole grains 21 Ø The 2010 Dietary Guidelines for Americans recommended that half of all grain intake should come from whole grains. The 2015 DGAC brings forward this recommendation and here we give rationale and results to support this decision. Ø The majority of the U.S. population has low intakes of key food groups that are important sources of the shortfall nutrients, including whole grains

Whole grains (cont d) Ø The overall body of evidence examined by the 2015 DGAC identifies that a healthy dietary pattern is higher in whole grains and low in refined grains. Ø Because the average intake levels of dietary fiber are half the recommended levels, achieving the recommendation requires selecting high-fiber cereals and whole grains Ø [A] major shift from refined to whole grains is needed in order to meet recommendations. 22

Revamp of nutrition facts Ø FDA harmonizing definition of dietary fiber with Institute of Medicine Ø Certain isolated and synthetic carbohydrates would qualify as dietary fiber only if FDA approves petition demonstrating physiological effect beneficial to human health E.g., ß-glucan and barley ß-fiber Ø Increase in DRV for fiber from 25g to 28g 23

24 QUESTIONS?