Summary of Key Provisions of the Food Safety Modernization Act

The FDA Food Safety Modernization Act (FSMA), which signed into law by President Obama on January 4, 2011, amends the Federal Food, Drug, and Cosmetic Act to shift the focus of the Food and Drug Administration (FDA) from primarily reacting to food safety problems to prevention.

A summary of key new provisions and their impact is available on the Institute for Food Laws & Regulations website here.

EFFL-Workshop on Health Claims

On Wednesday, 29 June 2011, the EFFL-Workshop on Health Claims will be held at the Club University Foundation in Brussels. This half-day workshop will present a number of currently debated issues regarding the regulation on health and nutrition claims. Special rates are offered for subscribers of the European Food and Feed Law Review EFFL and for full-time academics. Visit here for more information and online registration.

Note:  Summer Academy on Global Food Law & Policy +++ 25-29 July 2011 +++ Lake Como, Italy +++ few places available +++  www.lexxion.eu/conferences +++ Apply now!

U.S. Dept. of Commerce’s seeks comments on regulatory cooperation between U.S., EU

The Dept. of Commerce's International Trade Administration (ITA) seeks input on opportunities for cooperation to reduce or eliminate divergent regulatory measures that impede trade in goods in the transatlantic marketplace. The ITA identified specific possible types of regulatory cooperation (e.g., mutual recognition agreements) for which it invites comments. The U.S. Administration also seeks recommendations for specific current or emerging product sectors that may benefit from regulatory cooperation between the EU and U.S. Interested parties are encouraged to submit comments jointly. Details of this notice and comment submittal are accessible at:http://www.gpo.gov/fdsys/pkg/FR-2011-05-03/pdf/2011-10713.pdf

Public Morals Proposed as a Grounds to Ban GMOs

Public morals, public order, "social policy objectives," and "historical heritage" are some of the reasons the European Commission has proposed as grounds for a national ban of genetically modified crops. The plan presented by John Dalli, the European commissioner for health and consumer policy, is to give governments greater leeway to ban GM crop cultivation for factors other than health or environmental grounds. The legal service of the Council of Ministers criticized the proposal as contrary to World Trade Organization (WTO) rules and the EU's own single market. More information is available from Jennifer Rankin, Growing GM crops 'could pose a threat to public order,' EuropeanVoice.com (Feb. 3, 2011).

International European Food and Feed Law Conference

5th International European Food and                      Feed Law Conference                     Regulation of Innovations                     6/7 October 2011 · Logenhaus, Berlin
		This year's EFFL Conference has been scheduled for Thursday and Friday, 6 and 7 October 2011, at the Logenhaus in Berlin. The Regulation of Innovation is the theme of the agenda and will include experts from institutions, sciences, the industry and private legal practice to give insight into the following aspects of this issue: • The new regulation on novel food • Nanotechnology in food and feed • Challenges of the common authorization procedure • Risk assessment of innovations • Specific labelling requirements – an innovation killer? An early bird discount of 10 % is available for registration by 30 June. For more information please visit www.lexxion.eu/conferences.

Summer Academy on Global Food law & Policy 2011

The third Summer Academy in Global Food Law & Policy will take place at Como Lake - Italy, July 25-29, 2011, at the beautiful Villa La Collina. A distinguished faculty from relevant food organizations (WTO, Codex, EFSA, EU Commission), industry (CocaCola) as well as academia (Michigan, Bocconi, HEC Paris) will be animating cutting-edge discussions on the latest developments in global food governance, from food private standards to health claims, from US Food Modernization Act to novel food regulation. 

Among the those presenting are four faculty from the Institute for Food Laws and Regulations (IFLR) at Michigan State University: Neal Fortin, Professor at MSU and IFLR Director along with IFLR guest instructors Alberto Alemmano, Associate Professor of Law at HEC Paris, Gretchen Stanton,  Senior Counsellor at WTO, and Raymond O'Rourke, Barrister, Ireland.

For more information on the program and the faculty, please find the brochure here and more information here and here. Please don't hesitate to contact Nikola Bock (bock@lexxion.de) for more information.

Chinese ban benzoyl peroxide and calcium peroxide as food additives

According to China Daily, on March 1 Chinese authorities banned the production of two food additives used to bleach flour. The additives, benzoyl peroxide and calcium peroxide, were banned because "there is no need to use them in flour processing anymore" as the country's processing techniques and wheat planting have improved, the ministry said in a statement on its website.

EU BPA Ban Now in Effect

A ban prohibiting the manufacture in the European Union of baby bottles containing Bisphenol A (BPA) became effective March 1, 2011. BPA is an organic molecule that is used in the manufacture of polycarbonate plastics. Small amounts of BPA can be released from plastic containers into the food they carry if these containers are heated at high temperatures. According to scientific evidence, infants' ability to eliminate BPA is still building up during their first six months of life. 
The ban of the manufacture of baby bottles with BPA was adopted in January (EU Directive (2011/8/EU) and entered into force on 1 March. For more information, visit Alberto Alemanno's blog here.

Indian Supreme Court bans industry from advisory committee

FoodProductionDaily reports that the Indian Food Safety and Standards Authority (FSSA) has been blocked from including representatives from the food and beverage industry in a scientific panel set up to advise on safety and standards.The Indian Supreme Court found that involvement of food industry figures breached the Food Safety and Standards Act because such panels could not be said to be manned by independent experts.

"We are sorry to say that the panel does not consist of independent persons. It is contrary to the [Food Safety and Standards] Act." stated the ruling.The ruling stated that representatives from the relevant industry and consumer representatives could be invited for deliberations but could not form part of the body giving recommendations.

INFOSAN meeting in Abu Dhabi

The International Food Safety Authorities Network (INFOSAN) began with a keynote speech by Dr. Alan Reilly, Chief Executive of the Food Safety Authority of Ireland. He highlighted the importance of global cooperation in aims to provide the best food safety standards for consumers worldwide.

"The global nature and growing complexity of the food chain means that risks posed by unsafe foods have the potential to quickly evolve from a local problem to an international incident in a short period of time," Dr. Reilly said.

Gowan Risk Regulation Judgment

On December 22 2010, the European Courts delivered their most important risk regulation judgment since Pfizer. It is not possible to do justice to the reasoning of the Court in a few lines, but Alberto Alemanno has brought this important judgment to our attention, The Gowan judgment: celebrating the EU risk regulation paradigm for decision-making.

UK unveils new labelling responsibilities

Food Navigator.com reports on the  UK Government's change of food responsibilities. The Food Standards Agency (FSA) will retain responsibility for food safety aspects of labelling. This will cover:

• scientific advice on the food safety aspects of date marking

• assessment and labelling of ingredients/foods with food safety implications (e.g. allergens, glycols, high caffeine, high glycyrrhizinic acid)

• food safety aspects of organic food and of foods controlled by compositional standards

• treatments and conditions of use with food safety implications (e.g. quick frozen foods, raw drinking milk and pasteurisation, food contact materials)

• GM and novel foods (including use of nanotechnology)

• EU General Food Law regulation, including traceability of food

• Codex Committees on Food Hygiene, Methods of Analysis and Sampling, Food Additives, Contaminants in Foods

The Department for Environment, Food and Rural Affairs will continue to cover its current labelling responsibilities, such as welfare, marketing standards and eco labelling. It will also now deal with labelling where this does not relate to food safety or nutrition. This includes:

• general lead on food labelling legislation and relevant EU negotiations

• lead on the EU Food Information proposal

• country of origin labelling

• food composition standards and labelling such as fruit juice and fruit nectars, jams and bottled water

• technical advice on compositional standards for food without specific legislation, such as soft drinks and cereal products

• fish labelling

• use of marketing terms e.g. natural, fresh, clear labelling, vegan and vegetarian labelling

• food authenticity programme

• Codex Committees for: Food Labelling, Processed Fruits and Vegetables, Fresh Fruits and Vegetables, Fats and Oils, Fish and Fishery Products, Europe, General Principles

• lead on Codex Alimentarius Commission, General Principles and Coordinating Committee for Europe

The Department of Health will cover nutritional labelling policy (and relevant EU negotiations).This will include:

• nutrition related aspects of the EU food information regulation

• front of pack labelling

• food for particular nutritional uses (PARNUTS)

• infant formula and follow on formula

• health and nutrition claims

• food supplements

• calorie information in catering establishments

• Codex Committee on Nutrition and Foods for Special Dietary Uses

Canada to Place BPA on List of Toxic Substances

Environment Canada intends to place bisphenol A (BPA) on the country's list of toxic substances within eight to 10 weeks.  In April 2008, the government first banned polycarbonate baby bottles. According to a recently released letter from Environment Minister Jim Prentice, the agency has formally rejected the American Chemistry Council's July 15, 2009, request for a review board because the group did not supply "any new scientific data or information with respect to the nature and extent of the danger posed by bisphenol A." 

Earlier, Statistics Canada released a study examining lead and BPA concentrations in the Canadian population. Researchers used data from the 2007-2009 Canadian Health Measures Survey to determine that 91 percent of the population ages 6 to 69 had BPA in their urine.

EFLA Congress on Private Food Law

The European Food Law Association (EFLA) Congress, which will take place in Amsterdam from September 15–17, 2010, is entitled "Non-regulatory dimensions of food law." Lawrence Busch, University Distinguished Professor, Michigan State University, will present the talk, "Quasi-States? The Unexpected Rise of Private Food Law."  He discusses how the retreat of the state led to the rise of a wide range of 'quasi-states' of firms, industry groups, and private voluntary organisations, pursuing their own aims and interests through private codes, laws, rules, and regulations. Whether they can achieve legitimacy and democratic modes of governance remains to be seen.

For more information, please visit www.efla-aeda.org. 

Health Canada seeks comments on gluten-free labeling revision

Health Canada intends to modernize Canada's current gluten-free labeling policy in order to minimize the risk of inadvertent consumption of gluten by sensitive individuals and to maximize the choice of gluten-free foods for consumers following a gluten-free diet. The agency is seeking comments. More information is available here and here.

Summer Academy in Global Food Law & Policy, Como - Italy

The 2^nd EFFL Summer Academy in Global Food law & Policy will be held on July 26-30, 2010, at the beautiful Villa La Collina on the shores of the Como Lake, Italy. Building on the successful previous edition, the academy will offer scientific reflection and discourse on key legal and policy issues in European and World food law as well as information and updates on the latest developments. This will be achieved through a dynamic, informal and highly interactive five-day programme, which includes lectures, presentations, discussion groups and social activities. The faculty of the academy consists of food experts coming from relevant authorities, European and US institutions, academia, legal practice and the industry.

Speakers

Alberto ALEMANNO Associate Professor of Law HEC, Paris

David BYRNE S.C. Former EU Commissioner for Health and Consumer Protection

Dirk DETKEN Head of the Units Legal & Policy, European Food Safety Authority (EFSA)

Marsha A. ECHOLS, Director of the World Food Law Institute, Washington D.C.

André EVERS, Food and Veterinary Office, European Commission

Andreas KADI, Chief Science Officer, Red Bull GmbH

Susanne KETTLER, Scientific and Regulatory Affairs Director, Coca-Cola Company

Vittorio SILANO, Chair of the Scientific Committee, European Food Safety Authority

Topics

 The summer academy will cover main aspects of the law and policy of food regulation. Thereby, it will give a broad overview on the subject from a legal as well as a public policy point of view. In particular, it will discuss on the following:

- The global and international food regulation (WTO, SPS/Codex Alimentarius, WHO/FAO)

- The State of Play of WTO trade disputes (Hormones II, COOL, Australia Apples, EC-Poultry) and EU Food regulation (Food Supplements, enriched foodstuffs, novel food and Food Improvement Agents Package)

- The emergence of private standards
- Food quality and labelling issues

- The new challenges facing EFSA (Health Claims; Animal Cloning; Safety and claims of botanical) and its relationships with US FDA/USDA

- The risk analysis framework as applied in the food regulation sector

- The system of official controls
- Data sharing, protection and compensation in pre-market approval regimes

Please apply no later than May 30, 2010.

Further information

For further details, please visit: http://www.lexxion.de/2nd-effl-academy/ 

Food Labeling Workshop at MSU July 28-29

Institute for Food Laws & Regulations
	» Hurry, registration is limited Food Labeling Workshop   July 28-29, 2010   ·   Lansing, Michigan This workshop presents the FDA requirements for US food labeling.  The workshop format and materials are designed to provide a user-friendly approach for those new to food labeling and also provide a thorough system and reference for those experienced with food label design and review.  The workshop format allows time for questions. The focus is practical, and students are encouraged to bring problem labels for hands-on review.     For more information, click here. Early bird discount (by May 14, 2008):  $895 Register Online or Download a Registration Form (PDF)    Free Bonus Workshop participants will receive the Guide to U.S. Food Labeling Law (Vol. I) by Peter Barton Hutt, Esq. The Guide provides practical guidance and expert advice on FDA, FTC, and USDA labeling requirements in plain English. The Guide is an invaluable resource for regulatory officials, industry personnel, and anyone reviewing food labels.  The Instructors Neal Fortin, is Professor and Director of the Institute for Food Laws & Regulations, Michigan State University.  His law practice experience concentrated on food law, labeling, ingredient evaluation, advertising, legislation, and administrative law. Professor Fortin also has 20 years experience in food regulatory work with the state of Michigan, including being the primary drafter of Michigan Food Law of 2000.  He has trained more than 1,500 people on the labeling law.  Constance Henry, U.S. Food and Drug Administration (FDA).  James E. Hoadley is a senior consultant with EAS Consultant Group. In Dr. Hoadley's 20-year FDA career he served ten years a Senior Regulatory Scientist in the Office of Nutritional Products, Labeling and Dietary Supplements (ONPLDS) with primary responsibilities in food label claim regulations. Dr. Hoadley has been directly involved in the scientific review and drafting of authorizing regulation, or denials, of nearly all health claim petitions received by CFSAN over the last decade. Dr. Hoadley has received the CFSAN Distinguished Career Service Award.  John Spink is the Director of the Packaging for Food and Product Protection Initiative at Michigan State University (MSU) and a faculty at the MSU School of Packaging. John developed and teaches the graduate classes “Packaging for Food Safety” and “Food Protection & Defense – Packaging Module”, and the “Future of Sustainability.” IFLR Internet Courses International Food Laws and Regulations Food Regulation in the United States Food Regulation in the European Union Food Regulation in Latin America Food Regulation in Canada Codex Alimentarius (The Food Code) IPPC (International Plant Protection Convention) Food Regulation in Asia New Summer Course Offering:  Animal Health, World Trade, and Food Safety (OIE)  Learn more about IFLR at: www.IFLR.msu.edu or call (517) 355-8295       Email: IFLR@msu.edu                       Telephone: (517) 355-8295 Fax: (517) 432-1492                        web: www.IFLR.msu.edu    Institute for Food Laws and Regulation Michigan State University, 140 G.M. Trout Building, East Lansing, MI 48824

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Health Canada completes safety assessment of caffeine use in non-cola beverages

After an review of available science, Health Canada has authorized broader use of caffeine as a food additive from cola-type beverages to all carbonated soft drinks. (Similar levels of caffeine are currently allowed in non-cola soft drinks in the United States and Europe.) Health Canada has determined that adding synthetic caffeine to non-cola soft drinks in concentrations no higher than 150 parts per million (ppm) poses no health risk to consumers when they follow Health Canada’s recommendations for maximum daily caffeine intake. The authorized concentration for non-cola beverages is lower than the maximum of 200 ppm authorized under the Food and Drug Regulations for cola beverages. The current prohibition against adding synthetic caffeine to other foods remains in place.

Health Canada is urging manufacturers to voluntarily identify on product labels the total caffeine contained in a product from both natural ingredients such as guarana and from direct addition as a food additive. Health Canada is also asking industry to go beyond food additive labeling requirements (i.e., mandatory declaration of caffeine in the list of ingredients) and identify the presence of caffeine on the front of package labeling of newly caffeinated beverage formulations.

Conference on consumer and regulatory acceptance of functional foods

An US and EU Conference entitled "Consumer and Regulatory Acceptance of Functional Foods: Implications for Innovation" will be held in Fermoy Co. Cork, Ireland on March 12th 2010. The schedule for the event is available here.  Registration details are available here.

FAO Report: State of Food and Agriculture: Livestock in the Balance

The Food and Agriculture Organization recently released this report, State of Food and Agriculture: Livestock in the Balance. The FAO report analyzes the rapidly changing global livestock production. Around one billion poor people depend on livestock production. The report stresses that livestock is essential to the livelihoods of around one billion poor people. Livestock provides income, high-quality food, fuel, draught power, building material and fertilizer, thus contributing to food security and nutrition. For many small-scale farmers, livestock also provides an important safety net in times of need. But the agency stressed the need for substantial investments and stronger institutions at global, regional, national and local levels, to ensure that continued growth of the livestock sector contributes to livelihoods, meets growing consumer demand and mitigates environmental and health concerns.