Food Industry Regulatory Update August 23, 2024

August 23, 2024

In This Week’s Edition:

Food Chemical Post Market Assessment
Bird Flu in Milk at Retail: FDA Sampling Results
FTC Publishes Final Rule on Use of Consumer Reviews and Testimonials
FSIS To Start H5N1 Beef Monitoring Sampling
USDA Seeks Nominations for the Agricultural Trade Advisory Committees
Adjustment Of Amounts Under the Dairy Tariff-Rate Quota Import Licensing Regulation
Assessment of Fees for Dairy Import Licenses for the 2024 Tariff-Rate Import Quota Year
FDA CORE Outbreak Investigation Status Update
FSIS Updates Lists of Foreign Establishments Eligible to Export to U.S.
FDA Import Alerts
FDA Warning Letters

Food Chemical Post Market Assessment

FDA has posted materials for the public meeting on the Development of an Enhanced Systematic Process for FDA’s Post-Market Assessment of Chemicals in Food. The materials include the meeting agenda, information on how to submit comments, and the discussion paper on the development of an enhanced systematic process for the FDA’s post-market assessment of chemicals in food. The meeting will be held on September 25, 2024, from 12:30-4:30 PM ET.

Bird Flu in Milk at Retail: FDA Sampling Results

FDA posted results and two tables for the second retail sample study, see Second Retail Sample Survey Results. FDA has updated Table 1: Breakdown of Retail Sample Results by State Where Fluid Milk Was Processed to accurately reflect the states where the retail products were manufactured for the second retail sample study, and the number of samples taken from each state for the study.

FTC Publishes Final Rule on Use of Consumer Reviews and Testimonials

The Federal Trade Commission has issued a final rule that prohibits selling or purchasing fake consumer reviews or testimonials, buying positive or negative consumer reviews, certain insiders creating consumer reviews or testimonials without clearly disclosing their relationships, creating a company controlled review website that falsely purports to provide independent reviews, certain review suppression practices, and selling or purchasing fake indicators of social media influence.

FSIS To Start H5N1 Beef Monitoring Sampling

On September 16, 2024, FSIS will be adding H5N1 influenza A monitoring in dairy cows at slaughter to its national surveillance programs for pathogens and chemical contaminants.

FSIS will leverage its existing National Residue Program (NRP) and conduct H5N1 sampling in the muscle samples of dairy cow carcasses already collected for this program. Samples will be tested by FSIS laboratory personnel using polymerase chain reaction testing. Carcasses sampled under the NRP are held by establishments pending results of residue testing. This process will not require additional holding time for carcasses beyond current residue testing protocols. In the event of a positive H5N1 finding, USDA will work with industry to ensure the carcass does not enter the food supply.

USDA Seeks Nominations for the Agricultural Trade Advisory Committees

The Secretary of Agriculture, in coordination with the United States Trade Representative, is soliciting nominations for the Agricultural Policy Advisory Committee (APAC) and the related Agricultural Technical Advisory Committees (ATACs) for Trade to provide detailed policy and technical advice, information, and recommendations regarding trade barriers, negotiation of trade agreements, and implementation of existing trade agreements affecting food and agricultural products, including the performance of other advisory functions relevant to U.S. agricultural trade policy matters.

Adjustment Of Amounts Under the Dairy Tariff-Rate Quota Import Licensing Regulation

This notice announces the transfer of amounts for certain dairy articles from the historical license category to the lottery license category pursuant to the Dairy Tariff-Rate Quota Import Licensing regulations for the 2024 quota year.

Assessment of Fees for Dairy Import Licenses for the 2024 Tariff-Rate Import Quota Year

This notice announces a fee of $325 to be charged for the 2025 tariff-rate quota year for each license issued to a person or firm by the Department of Agriculture authorizing the importation of certain dairy articles, which are subject to tariff-rate quotas set forth in the Harmonized Tariff Schedule of the United States.

FDA CORE Outbreak Investigation Status Update

This week’s updates are:

A new outbreak of Listeria monocytogenes illnesses (ref #1247) linked to a not yet identified product has been added to the table. There are a total of 3 cases, and FDA has initiated traceback.
For the outbreak of Cyclospora cayetanensis illnesses (ref #1245) linked to a not yet identified product, the case count has increased from 21 to 35. FDA has initiated an inspection and sampling.
For the outbreak of Salmonella Newport (ref #1248) linked to a not yet identified product, the case count has increased from 3 to 4. FDA has initiated an inspection.
For the outbreak of Cyclospora cayetanensis (ref #1237), FDA has initiated sampling.
For the outbreak of Salmonella Irumu (ref #1235), the outbreak has ended, and FDA’s investigation has closed. CDC, FDA, and state and local partners conducted epidemiologic and traceback investigations and identified mangoes as the source of illnesses in this outbreak. FDA collected and analyzed product samples as part of the investigation, but all samples were reported as negative for Salmonella. Due to the lack of additional supporting evidence, investigators were unable to determine a specific source of contamination while the outbreak was considered ongoing. This outbreak is over. All product is past shelf life and is no longer on the market. There is no ongoing risk to public health.
For the investigation of illnesses (ref #1233) linked to Diamond Shruumz-brand Chocolate Bars, Cones, and Gummies, the advisory has been updated to include updated sample results, additional illnesses, and an updated list of retailers that may have received recalled product.

CORE Investigation Table

FSIS Updates Lists of Foreign Establishments Eligible to Export to U.S.

Canada

FDA Import Alerts

The latest FDA import alerts include food products that appear to be misbranded, food with undeclared major allergens that fail to properly label them, and more.