The USDA has issued a new “strategy” document that outlines the agency’s direction with regard to implementing the Food Safety Modernization Act (“FSMA”). The document is intended to “to guide the next phase of FSMA implementation by outlining broadly the drivers of change in FDA’s approach to food safety and the operational strategy for implementing that… Continue Reading
Category Archives: Agriculture Law
Subscribe to Agriculture Law RSS FeedDTSC Announces Three Priority Products under the Green Chemistry Regulations
Posted in Agricultural Law, Agriculture Law, Food Safety, Green Chemistry, Prop 65DTSC on Thursday March 13, 2014 announced the first three Priority Products under the Green Chemistry Regulations. The manufacturers of these products that sell into California are now on a regulatory time schedule to try to find alternatives to the use of the identified chemicals in the specified products. We have set out this timetables… Continue Reading
New Proposed Prop 65 Warning Label Regulations
Posted in Agricultural Law, Agriculture Law, Food Safety, Green Chemistry, Prop 65The Office of Environmental Health Hazard Assessment (OEHHA) under the auspices of Governor Brown’s declaration in May 2013 (after a failed legislative effort) that he would further reform Prop 65, last week OEHHA released the proposed regulations with respect to Prop 65 warnings. Regulations can be found here. A workshop is scheduled for April 14, 2014…. Continue Reading
Proposition 65 – Twenty-Seven Years Later And Still No Observable Effect
Posted in Agriculture Law, Food Safety, Prop 65, Water Law, Water QualityProfessor Michael L. Marlow of Cal Poly San Luis Obispo recently published a preview of his paper on cancer rates and Proposition 65 entitled, “Too Much (Questionable) Information?” See Wall Street Journal, page A13, January 21, 2014. Proposition 65 is the popular name for the California Safe Drinking Water and Toxic Enforcement Act of 1986,… Continue Reading
Weintraub Attorney to Speak on Prop 65 at Northwest Food Processors Association Meeting
Posted in Food Safety, Food Safety Modernization Act, Prop 65, UncategorizedWeintraub Shareholder Lee N. Smith will be speaking on Prop 65 at the NW Food Processors Expo and Conference on January 14, at 10:00. More information can be found at their web site.
Intentional Adulteration Strategies Released for Comment by FDA
Posted in Agricultural Law, Food Safety, Food Safety Modernization ActThe FDA has released a proposed rule “(Focused Mitigation Strategies to Protect Food Against Intentional Adulteration”) that requires domestic and foreign facilities to address potentially vulnerable processes in their operations to prevent acts on the food supply intended to cause what they term, ” large scale public harm,” (terrorism). The rule requires that large businesses have… Continue Reading
FDA Announces that it will Revise Produce Safety and Preventive Controls for Human Food in Response to Farmers’ Significant Comments
Posted in Agricultural Law, Agriculture Law, Food Safety, Food Safety Modernization Act, Water QualityThe comment period on the proposed FDA Food Safety Modernization Act (FSMA) rules on produce safety and preventive controls for human food, originally published in January 2013, was recently closed after being extended several times due to the volume of comments that they received. The rules consist of new far reaching controls imposed on producers including farmers… Continue Reading
Arsenic In Rice At Safe Levels Per FDA Above Average Consumption May Exceed Prop 65 Levels
Posted in Agricultural Law, Agriculture Law, Food Safety, Prop 65As part of its ongoing effort to monitor food safety, the U.S. Food and Drug Administration (“FDA”) posted the results of testing for the presence of arsenic in rice and rice products. The FDA found that although levels varied depending on the product, overall the levels of detectable arsenic is too low in the rice… Continue Reading
Weintraub Attorneys are Presenting as Part of Webinar on Food Safety Modernization Act
Posted in Agricultural Law, Agriculture Law, Construction, Food Safety, Food Safety Modernization ActFSMA Made Simple: Strategic and Tactical Approaches In Preparing For New Regulations August 14, 11 AM PST –http://foodseminarsinternational.com/August_14th__2013.html Overview: After participating in this webinar, attendees will have knowledge of how to realistically analyze the effects of FSMA regulations on their operations and build an action plan of next steps for their company. The Food… Continue Reading
FDA Proposes Arsenic Action Level for Apple Juice
Posted in Agricultural Law, Agriculture Law, Food Safety, Food Safety Modernization Act, Prop 65, UncategorizedJuly 12, 2013 the FDA announced a proposed action level of 10 ppb (parts per billion) for arsenic in apple juice. The 10 ppb is the same as EPA arsenic in drinking water standards. “The FDA is committed to ensuring the safety of the American food supply and to doing what is necessary to protect public… Continue Reading
Environmental Due Diligence and Risk Management in San Francisco Soon to Become Even More Important
Posted in Agriculture LawBy Guest Blogger: Pawel Woloszyn, President Pacific Environmental Management, Inc. A new ordinance that would expand the boundaries and types of projects where soil sampling would be required and add the requirement for groundwater sampling under certain circumstances appears set to be passed. An approved site mitigation plan would be required where applicable appearing most… Continue Reading
Court Requires FDA to Final FSMA Regulations by June 2015
Posted in Agricultural Law, Agriculture Law, Food Safety, Food Safety Modernization ActJudge Phyllis Hamilton of the U.S. District Court of Northern California ruled that the FDA must publish all of the final regulations required under the Food Safety Modernization Act by June 30, 2015. This ruling expressly rejected the FDA’s proposed target timeline for 2015-2016 for the publication of the final rules. As stated in the… Continue Reading
Weintraub Tobin Participating in Food Safety Webinar
Posted in Agriculture Law, Food Safety, Food Safety Modernization ActFood Safety Product Liability Claims Mastering the Standards for Fault, Causation and Damages in Foodborne Illness Litigation A live 90-minute CLE webinar/teleconference with interactive Q&A Thursday, June 13, 2013 (2 days) 1:00pm-2:30pm EDT, 10:00am-11:30am PDT This CLE webinar will provide product liability defense and plaintiff counsel with a review of the legal issues particular to… Continue Reading
Weintraub Tobin Co-Sponsors Food Safety Act Briefing
Posted in Agricultural Law, Agriculture Law, Food Safety, Food Safety Modernization Act, UncategorizedCourt Enjoins BPA Prop 65 Reproductive Listing, More to Come.
Posted in Agricultural Law, Food Safety, Prop 65On April 19, 2013 Superior Court Judge Cadei on Motion for Preliminary Injunction enjoined OEHHA from listing or taking further action with respect to Bisphenol A (“BPA”) with respect to its listing as a Prop 65 Reproductive hazard. The fact that the Court issued the injunction indicates that the Court believes that the Petitioners are likely… Continue Reading
Xylene Not Added to the Prop 65 List
Posted in Food Safety, Prop 65The OEHHA DART committee which identifies reproductive hazards for the Prop 65 list declined to list xylene as a reproductive or developmental toxicant. Xylene is used as a solvent in an number of products including paint, ink and leather products. The reason the committee did not list the chemical appears to be that the studies… Continue Reading
BPA Listing Challenged by American Chemistry Council under Prop 65
Posted in Food Safety, Prop 65The American Chemistry Council (ACC) has filed a law suit to prevent California’s Office of Environmental Health Hazard Assessment (OEHHA) from adding Bisphenol A (BPA) to its Proposition 65 list of chemicals known to cause reproductive toxicity. The trade group, alleges that the state’s current proposal to list BPA is contra to its own scientific… Continue Reading
Supplements are considered “Food” and Subject to the Naturally Occurring Defense Under Prop 65
Posted in Food Safety, Prop 65San Francisco Superior Court Judge John Munter ruled that dietary supplements are included in the definition of “foods”under Proposition 65, following a pre-trial motion the sole issue was whether dietary supplements are foods under California law. The consequence of this definition is that the supplement makers can avail themselves of the defense (under the proper circumstances) that the… Continue Reading
BPA Intention to List, Deadline to Comment Extended
Posted in Agricultural Law, Food Safety, Prop 65OEHHA issued a January 25th notice that initiated a 30‑day public comment period that was scheduled to close on February 25, 2013, for the listing of BPA. “Bisphenol A” or BPA is asserted to be a reproductive hazard. This notice also listed a safe harbor level that is also proposed; this number is higher than… Continue Reading
Weintraub Attorney to Present Prop 65 Talk at NorthWest Food Processors Association Expo in Portland
Posted in Agriculture Law, Food Safety, Food Safety Modernization Act, Prop 65FDA Releases FSMA Proposed Rules for Growing, Harvesting, Packing and Holding Produce
Posted in Agriculture Law, Food Safety, Food Safety Modernization ActFDA released for public comment the long awaited proposed rules to establish standards for growing, harvesting, packing and holding produce on domestic and foreign farms. According to the FDA the rules are based on existing voluntary industry guidelines which many industries currently follow Comments on the proposed rule are due within 120 days of the rule’s publication in… Continue Reading
FDA Releases Under FSMA, the Current Good Manufacturing Practice and Hazard Analysis/Risked Based Controls
Posted in Agriculture Law, Food Safety, Food Safety Modernization ActFDA also has released for public comment today the proposed rule on Preventive Controls for Human Food and a proposed rule on Standards for Produce Safety. These rules are a major component of the regulations called for under FSMA. The proposed produce rule covers all fruits and vegetables except those rarely consumed raw, produced for personal… Continue Reading
Update: Food Facility Registration Renewal Period Extended
Posted in Food Safety, Food Safety Modernization ActFDA announced this week that they are extending the Food Facility Registration Renewal for 31 additional days. Due to a delay in the ability to perform the online registration renewal until October 22, 2012, FDA has moved the deadline to January 31, 2013. The FDA Food Safety Modernization Act (FSMA), registration requirements apply to domestic… Continue Reading
FDA Isssues First Suspension of Registration under FSMA
Posted in Food Safety, Food Safety Modernization Act, UncategorizedThe FDA has issued its first Mandatory Suspension of Registration under the Food Safety and Modernization Act FSMA. (see FDA Order ( http://www.fda.gov/Food/FoodSafety/CORENetwork/ucm320413.htm?source=govdelivery ) The order was issued to Sunland Inc for contamination in their peanut facility. This facility has been linked to a number of recent salmonella discoveries in food being sold in stores. If a facility’s registration is suspended, that… Continue Reading
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