Food Industry Regulatory Update October 11, 2024
In This Week’s Edition:
- USDA Meat Retail Competition Report
- FDA Posts Recording of Public Meeting on Post-Market Assessment of Chemicals in Food
- Guidance Published by FDA on Cat Food Claims on Urinary Tract Health
- AMS Seeks Comment on Proposals to Improve Price Transparency in Fed Cattle Markets
- FDA Releases Annual Summary of Sales and Distribution of Antimicrobials in 2023 for Use in Food-Producing Animals
- FDA CORE Outbreak Investigation Status Update
- FSIS Updates Lists of Foreign Establishments Eligible to Export to U.S.
- FDA Import Alerts
- FDA Warning Letters
USDA Meat Retail Competition Report
USDA has published an interim report that assesses competitive conditions in the meat retail industry. The report draws on over 1,600 comments received from the public in response to USDA requests for information, interviews with small, medium, and large meatpackers, distributors, retailers, academics, and farmer or advocacy organizations. It identifies hidden fees and unjust/anticompetitive pricing strategies present in the beef market as a case study.
USDA states it will be expanding and deepening its investigation, issuing subpoenas focused on (i) potential unfair or deceptive fees that may be unfairly harming market participants or reflect undue preferences and also on (ii) pricing practices that may tilt the playing field in favor of those with market power and may reflect unfair practices harming markets or undue preferences. Based on the investigative efforts reflected in and accelerated as a result of this report, USDA intends to issue regulations that clarify illegal conduct under the P&S Act and more vigorously enforce the P&S Act in meat merchandising. This effort will commence with an Advanced Notice of Proposed Rulemaking to invite further comment on the competitive impact of practices highlighted in this report, as well as the contours of potential prohibitions, disclosures, and other interventions.
FDA Posts Recording of Public Meeting on Post-Market Assessment of Chemicals in Food
The U.S. Food and Drug Administration (FDA) has posted the recording, transcript, and meeting summary for the public meeting on the Development of an Enhanced Systematic Process for FDA’s Post-Market Assessment of Chemicals in Food, which was held on September 25, 2024.
During the meeting, FDA shared information about the development of FDA’s enhanced systematic process for post-market assessment of chemicals in food including considerations for identifying and prioritizing food chemicals currently in the market for safety reviews. There were also presentations from stakeholders and comments from the public sharing their perspectives on this topic.
Comments related to the event topic are still being accepted and must be submitted on or before December 6, 2024. Submit electronic comments to https://www.regulations.gov/ to docket number FDA-2024-N-3609.
Guidance Published by FDA on Cat Food Claims on Urinary Tract Health
The Center for Veterinary Medicine has evaluated the use of relative supersaturation (RSS) methodology to support urinary tract health (UTH) labeling for certain adult maintenance cat food. RSS is a measurement that estimates the potential for crystal formation and bladder stone (urolith) growth, which is a common affliction in cats. This guidance provides recommendations for how pet food manufacturers can use RSS methodology to substantiate labeling that an adult maintenance cat food supports urinary tract health by promoting a healthy mineral content in the urinary tract. The recommendations FDA provides in this guidance include: (1) the wording of UTH adult maintenance cat food UTH labeling based on RSS methodology; (2) the RSS criteria to substantiate UTH labeling; and (3) the study data CVM requests from pet food manufacturers that demonstrate the utility and target animal safety of the cat food.
AMS Seeks Comment on Proposals to Improve Price Transparency in Fed Cattle Markets
AMS is addressing complaints from producers around beef packers using reported regional cash or spot prices as base prices for fed cattle formula pricing agreements, commonly known as Alternative Marketing Agreements (AMAs). AMS is issuing an Advanced Notice of Proposed Rulemaking to seek comment on several possible interventions to develop new benchmarks as AMA base prices and approaches to trading when using benchmarks.
FDA Releases Annual Summary of Sales and Distribution of Antimicrobials in 2023 for Use in Food-Producing Animals
FDA has published the 2023 Summary Report on Antimicrobials Sold or Distributed for Use in Food-Producing Animals. The 2023 data indicate that U.S. sales and distribution of medically important antimicrobial drugs approved for use in food-producing animals decreased by two percent between 2022 and 2023; this represents a 37 percent decrease in sales since the sales peaked in 2015. The antimicrobial sales data do not necessarily reflect how much of the drugs are actually used in animals, only the volume that is sold.
FDA CORE Outbreak Investigation Status Update
This week’s updates are:
- A new outbreak of Salmonella Liverpool (ref #1265) linked to a not yet identified product has been added to the table.
FSIS Updates Lists of Foreign Establishments Eligible to Export to U.S.
FDA Import Alerts
The latest FDA import alerts include food products that appear to be FSVP, salmonella and heavy metal contamination.
FDA Food Industry Warning Letters
| JC Finest Produce Inc |
| Foreign Supplier Verification Program (FSVP) |
| Green Day Produce, Inc. |
| Foreign Supplier Verification Program (FSVP) |