Food Industry Regulatory Update September 20, 2024

September 20, 2024

In This Week’s Edition:

FDA Publishes Retail Shellfish Factsheet
Pasta Antidumping Duties
FDA Releases Results of Sampling of Retail Dairy-Free Dark Chocolate and Chocolate-Containing Products for Milk Allergen
Avocados Grown in South Florida and Imported Avocados; Change in Maturity Requirements
FDA CORE Outbreak Investigation Status Update
FSIS Updates Lists of Foreign Establishments Eligible to Export to U.S.
FDA Import Alerts
FDA Warning Letters

Pasta Antidumping Duties

The ITC has extended the antidumping and countervailing duty orders on certain pasta from Italy and Turkey on the basis that revocation of the duties would be likely to lead to continuation or recurrence of material injury to an industry in the United States within a reasonably foreseeable time.

FDA Publishes Retail Shellfish Factsheet

FDA released a factsheet entitled, Maintaining “Molluscan Shellfish” Identification, that focuses on an additional option in the 2022 FDA Food Code for the Person in Charge to ensure proper identification of molluscan shellfish is maintained within the food establishment. The update allows invoices, that contain the required information, in lieu of tags or labels to be kept in the food establishment as a means of maintaining molluscan shellfish identification for traceback purposes. The factsheet addresses why invoices was included as an additional option in the Food Code, outlines the required information needed to be acceptable, and provides a graphic depiction of an example invoice.

FDA Releases Results of Sampling of Retail Dairy-Free Dark Chocolate and Chocolate-Containing Products for Milk Allergen

FDA, in cooperation with the Pennsylvania Department of Agriculture and the Michigan State Department of Agriculture and Rural Development, has released results from retail sampling of dark chocolate and chocolate-containing products labeled as “dairy free” that were collected and tested for unintended milk in 2022 and 2023. The sampling was conducted to better understand the extent to which these products potentially contain unintended milk at levels that may be hazardous to people with milk allergy.

Avocados Grown in South Florida and Imported Avocados; Change in Maturity Requirements

This proposed rulemaking would implement a recommendation from the Avocado Administrative Committee to change the maturity requirements under the marketing order for avocados grown in South Florida. This action would update the avocado maturity shipping schedule to allow certain sizes and weights of the Beta avocado variety to be shipped earlier. A corresponding change would be made to the avocado import regulation as required under the Agricultural Marketing Agreement Act of 1937.

Status Chart for Active Equivalence Requests; Slovenia Update

FSIS has updated the chart that lists active equivalence requests for eligibility to export meat, poultry or, egg products. Slovenia has been added to the chart.

FDA CORE Outbreak Investigation Status Update

This week’s updates are:

For the outbreak of Cyclospora cayetanensis illnesses (ref #1245) linked to a not yet identified product, the case count has increased from 54 to 56.
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.

CORE Investigation Table