US regulatory news in May had much to do with trade – both policy and relations. President Bush continued his push for “fast track authority,” which would protect trade deals he negotiates from amendments when they reach Congress. Food industry groups such as the Grocery Manufacturers of America (GMA) argue that such authority would benefit the US food industry. However, Sen. Max Baucus (D-Mont), sent Bush a letter signed by 61 senators, promising to oppose trade agreements that weaken US protection against unfair imports or import surges.

Other trade-related news included a meeting between the Bush administration and the European Commission to discuss the long-running dispute over hormone-treated beef. Currently, the EU prohibits most US beef on the grounds that growth hormones make it unsafe. US Trade Representative Robert Zoellick and EU Farm Commissioner Franz Fischler now plan to pursue a solution based on compensation. Fischler met with Agriculture Secretary Ann Veneman in May to discuss this and other policy issues.


Under pressure from the EU, the US recently removed import restrictions on Austria, Belgium, Denmark, Finland, Germany, Italy, Luxembourg, Portugal, Spain, and Sweden, countries that have not found a case of food-and-mouth-disease (FMD). The UK, France, Ireland, the Netherlands, and Greece will continue to be affected by the restrictions.


Other regulatory news


A bill to establish a Federal interagency task force for coordinating actions to prevent the outbreak of bovine spongiform encephalopathy (BSE) and foot-and-mouth disease (FMD) passed both Houses of Congress at the end of May. The Mad Cow and Related Disease Prevention Act of 2001 requires that the Secretary of Agriculture report to Congress on coordinated interagency activities; government sources of information on FMD and BSE; and the need for legislative authority, appropriations and/or product bans.


“The US has prevented BSE and FMD from impacting the health of cattle, but we must remain vigilant if we are to keep US beef free of foreign animal diseases. An interagency task force, with oversight of the Secretary of Agriculture, is another great prevention tool,” said Jay Truitt, The National Cattlemen’s Beef Association (NCBA) executive director of Legislative Affairs.

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The National Food Processors Association (NFPA) has called on the Food and Drug Administration (FDA) to speed up implementation of the FDA Modernization Act (FDAMA), especially as it relates to health claims and irradiation labelling policies.


“FDA turned down the first nine health claims submitted under new FDAMA provisions. Two FDAMA claims were authorised – for whole grain foods and heart disease and cancer, and for potassium and reduced risk of hypertension – but these small achievements are not adequate proof that FDA has abandoned its restrictive policies on health claims,” said Dr Rhona Applebaum, NFPA’s executive vice president of Scientific and Regulatory Affairs.


“FDA’s labelling policy also discourages important food safety technologies, such as irradiation, from coming to market. In report language accompanying FDAMA, Congress called for amendment of the existing irradiation disclosure regulation, and instructed FDA to explore alternative labeling for irradiated food. But despite this Congressional directive, FDA has been slow to act.”


More complaints against the FDA were lodged by Congressman Frank Pallone, Jr., (D-NJ). Claiming the agency is in need of food safety modernisation, Pallone has introduced The Consumer Food Safety Act of 2001 (H.R. 1817), a programme to “be based on a comprehensive analysis of the hazards associated with different food products and with the harvesting, processing, and handling of different food products.” The proposed program would take into consideration the distinctive characteristics of food production and processing, and establish inspection and oversight procedures. It would also require each food processing facility to annually register with the government.


In public meetings held in May on proposed regulation to establish performance standards for ready-to-eat (RTE) products, including requirements for control of Listeria monocytogenes , the Food Safety and Inspection Service (FSIS) has estimated that approximately 75 establishments manufacturing fermented and dried products would be affected. The costs identified include validation costs and processing costs, which would be approximately US$2.72m the first year and US$4.41m in annually recurring costs.


Both the US Agricultural Research Service (ARS) and FSIS have initially determined that the benefits of the proposed rule would probably be greater than the costs. Moreover, after the proposed rule is adopted, the agencies estimate that the costs should decline while the benefits continue to rise.


Food Agency Appointments


The Environmental Protection Agency (EPA) has named Jean-Mari Peltier Counselor to the Administrator on Agriculture Policy. Peltier will serve as the central contact for EPA cooperation with the USDA and will work on joint policy, cooperative efforts between agency staff, and other interagency issues. The position has not existed since the earlier Bush administration.


USDA appointments in May included J.B. Penn, under secretary for farm and foreign agricultural services; Lou Gallegos, assistant secretary for administration; Mary Waters, assistant secretary for congressional relations; William Hawks, under secretary for marketing and regulatory programs; and Eric Bost, under secretary for food, nutrition and consumer services.


Check back next month for updates and new developments.


By Pam Ahlberg


Pam can be reached by email at: pahlberg@bellatlantic.net