Food Industry Regulatory Update July 19, 2024

July 19, 2024

In This Week’s Edition:

FDA Bans Use of Brominated Vegetable Oil
APHIS Prohibits Importation of Avian Commodities Originating from or Transiting Through the Certain Australian Territories
FDA and USDA Publish Study Showing Pasteurization Inactivates Highly Pathogenic Avian Influenza in Milk
USDA Invests Funds to Expand Independent Meat and Poultry Processing Facilities
USDA Expanding Nutrition Hub Network
USDA Announces $100 Million Investment in SUN Bucks Summer EBT Program
Meeting of the Codex Committee on Food Import and Export Systems
Tomatoes Grown in Florida; Increased Assessment Rate
USDA Releases Updated WTO Agricultural Quantity-Based Safeguard Trigger Levels
APHIS Prohibits Importation of Avian Commodities Originating from or Transiting Through the Certain Australian Territories
FDA and USDA Publish Study Showing Pasteurization Inactivates Highly Pathogenic Avian Influenza in Milk
Discontinuation of Cecal Sampling of Lamb and Sheep for the National Antimicrobial Resistance Monitoring System
FDA Releases Update of Priority Guidance Topics for Foods Program
Fair and Competitive Livestock and Poultry Markets
USDA Updates Requirements to Allow for the Safe Importation of Chilean Table Grapes into the United States
FDA CORE Outbreak Investigation Status Update
FSIS Updates Lists of Foreign Establishments Eligible to Export to U.S.
FDA Import Alerts
FDA Warning Letters

FDA Bans Use of Brominated Vegetable Oil

FDA is amending their regulations to revoke the authorization for the use of brominated vegetable oil (BVO) in food. This action is being taken because there is no longer a reasonable certainty of no harm from the continued use of BVO in food. Specifically, the final rule revokes the authorization for the use of BVO as a food ingredient intended to stabilize flavoring oils in fruit-flavored beverages. There are no authorizations for other uses of BVO in food.

APHIS Prohibits Importation of Avian Commodities Originating from or Transiting Through the Certain Australian Territories

APHIS is prohibiting the importation of poultry, commercial birds, ratites, avian hatching eggs, unprocessed avian products and byproducts, and certain fresh poultry products from the states and territories listed here. Importation of any of these commodities originating from or transiting these states or territories listed is prohibited, based on APHIS’ determination that highly pathogenic avian influenza (HPAI) exists in domestic birds. APHIS considers all other states and territories in Australia to be unaffected by HPAI and not subject to restriction.

FDA and USDA Publish Study Showing Pasteurization Inactivates Highly Pathogenic Avian Influenza in Milk

The FDA, along with the USDA, is announcing results from a first-of-its-kind study using the process typically used by commercial milk processors. The intention of this study was to further confirm that pasteurization is effective at inactivating Highly Pathogenic H5N1 Avian Influenza virus in fluid milk and other dairy products made from pasteurized milk.

USDA Invests Funds to Expand Independent Meat and Poultry Processing Facilities

USDA Secretary Tom Vilsack announced that the Biden-Harris Administration is investing $110 million investments to build and expand independently-owned meat and poultry processing plants with the intent of increasing competition and lowering food prices.

USDA Expanding Nutrition Hub Network

USDA announced the availability of $4.5 million in funding to establish three additional USDA Nutrition Hubs in communities across the country. The new Nutrition Hubs are intended to provide tailored and scalable approaches to advance food and nutrition security and help prevent diet-related chronic diseases, especially in historically underserved communities.

USDA Provides $100 Million Investment in SUN Bucks Summer EBT Program

USDA announced it is providing $100 million in grants to help states, Tribal Nations, and U.S. territories implement SUN Bucks – a new, permanent program that helps families buy groceries for their children during the summer. SUN Bucks, also known as Summer EBT, is part of the SUN Programs: USDA’s Summer Nutrition Programs for Kids that improve food and nutrition security during summer break when kids lose access to school meals. SUN Bucks provides families in participating states a $120 grocery benefit for each eligible school-aged child to buy food at grocery stores, farmers markets, and other authorized retailers.

Meeting of the Codex Committee on Food Import and Export Systems

The U.S. Codex Office is sponsoring a public meeting on August 21, 2024. The objective of the public meeting is to provide information and receive public comments on agenda items and draft U.S. positions to be discussed at the 27th Session of the Codex Committee on Food Import and Export Inspection and Certification Systems of the Codex Alimentarius Commission. The public meeting is scheduled for August 21, 2024, from 1:00-4:00 p.m. ET.

Tomatoes Grown in Florida; Increased Assessment Rate

AMS has issued a rule which implements a recommendation from the Florida Tomato Committee to increase the assessment rate established for the 2023-2024 and subsequent fiscal periods from $0.025 to $0.035 per 25-pound container of tomatoes or equivalent. The assessment rate will remain in effect indefinitely unless modified, suspended, or terminated.

USDA Releases Updated WTO Agricultural Quantity-Based Safeguard Trigger Levels

The notice lists the updated quantity-based trigger levels for products which may be subject to additional import duties under the safeguard provisions of the WTO Agreement on Agriculture. This notice also includes the relevant period applicable for the trigger levels on each of the listed products.

Discontinuation of Cecal Sampling of Lamb and Sheep for the National Antimicrobial Resistance Monitoring System

This notice informs veterinary medical officers, supervisory consumer safety inspectors and consumer safety inspectors that the National Antimicrobial Resistance Monitoring System Program for lamb and sheep cecal sampling discontinues on October 1, 2024.

FDA Releases Update of Priority Guidance Topics for Foods Program

FDA released the draft and final guidance topics that are a priority for the agency’s Foods Program to complete during 2024. Since January, the FDA has issued the following guidances that were on the list:

New Dietary Ingredient (NDI) Notifications and Related Issues: NDI Notification Procedures and Timeframes: Guidance for Industry
New Dietary Ingredient Notification Master Files for Dietary Supplements; Draft Guidance for Industry
Foods Derived from Plants Produced Using Genome Editing; Guidance for Industry
Recommendations for Collecting Representative Samples for Food Testing Used as Evidence for Release of Certain Fish and Fishery Products Subject to Detention Without Physical Examination (DWPE) and Removal of a Foreign Manufacturer’s Goods from DWPE: Guidance for Industry
Hazard Analysis and Risk-Based Preventive Controls for Human Food; Appendix 1: Potential Hazards for Foods and Processes; Draft Guidance for Industry

AMS Proposes GIPSA Rule Defining Unfair Practices

USDA’s AMS proposes to amend the regulations under the Packers and Stockyards Act of 1921 to clarify the unfair practices that the P&S Act prohibits. The proposed rule would define unfair practices as conduct that harms market participants and conduct that harms the market. Combined, these comprehensively define the contours of “unfair practices” under the P&S Act. The purpose of this proposed rule is to promote fair and competitive markets in the livestock, meats, poultry, and live poultry markets.

USDA Updates Requirements to Allow for the Safe Importation of Chilean Table Grapes into the United States

USDA’s APHIS is publishing a final notice that will allow certain table grapes to be safely imported from parts of Chile. The new requirements, which build on the existing rules, will allow table grapes from areas of Chile where European grapevine moth is either absent or at a low prevalence. The new requirements will also protect U.S. agriculture from Chilean false red mite.

FDA CORE Outbreak Investigation Status Update

This week’s updates are:

For the outbreak of Salmonella Irumu (ref #1235) linked to a not yet identified product, the case count has increased from 26 to 29.
For the outbreak of Salmonella Typhimurium illnesses (ref #1234) linked to a not yet identified product, the case count has increased from 80 to 87.
For the investigation of illnesses (ref #1233) linked to Diamond Shruumz-brand Chocolate Bars, Cones, and Gummies, the advisory has been updated to include additional illnesses. FDA is aware that recalled Diamond Shruumz-brand products are still on the shelves at several smoke/vape shops, and at retailers that sell hemp-derived products such as cannabidiol (CBD) or delta-8 tetrahydrocannabinol (delta-8 THC). All Diamond Shruumz-brand products have been recalled and retailers should not sell or distribute any flavor of Diamond Shruumz-brand Chocolate Bars, Cones, or Gummies.

CORE Investigation Table

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

FDA Import Alerts

The latest FDA import alerts include foods imported from suppliers who are not in compliance with FSVP regulations, food products that are or contain unsafe food additives, and more.