Laws and Regulations Committee Update – November 16 – 18, 2021

November 16, 2021

FDA

Recalls

DateBrandProductProduct TypeRecall ReasonCompany
11/15/2021Green Giant FreshWhole yellow and white onionsFood & BeveragesPotential to be contaminated with SalmonellaPotandon Produce L.L.C
11/15/2021Alsum Farms & Produce Inc.Whole yellow, white, red onionsFood & BeveragesPotential to be contaminated with SalmonellaAlsum Farms & Produce, Inc.

Warning Letters

Posted DateLetter Issue DateCompanyIssuing OfficeSubject
11/16/202110/15/2021JD’s Market Inc.Division of West Coast ImportsForeign Supplier Verification Program (FSVP)

FSIS

Shamrock Foods Company DBA Gold Canyon Meat Company Recalls Raw Ground Beef Products Due To Possible Foreign Matter Contamination

APHIS

APHIS Invites U.S. Stakeholders to Submit Projects on NAPPO Standards and Implementation

AMS

USDA Canned Vegetables- Dried Canned Beans Purchase Program Announced

November 17, 2021

Federal Register

Agricultural Marketing Service

Rules

Increased Assessment Rate: Domestic Dates Produced or Packed in Riverside County, CA

Filed on: 11/17/2021 at 8:45 am

Scheduled Pub. Date: 11/18/2021

FR Document: 2021-25115  PDF  10 Pages (97.5 KB)  Permalink

Proposed Rules

Increased Assessment Rate: Texas Oranges and Grapefruit

Filed on: 11/17/2021 at 8:45 am

Scheduled Pub. Date: 11/18/2021

FR Document: 2021-25116  PDF 10 Pages (97.7 KB)  Permalink

FDA

FDA In Brief: FDA Announces Investigation of E. coli O157:H7 Outbreak Linked to Spinach

Recalls

DateBrandDescriptionProduct TypeRecall ReasonCompany
11/16/2021SalmaCurry powderFood & Beverages, Allergens, Spices, Flavors &  SaltsUndeclared peanutsSpice N’ More Corp.

OMB

AGENCY: USDA-APHISRIN: 0579-AE61Status: Pending Review
TITLE: Establishing AWA Standards for Birds
STAGE: Proposed RuleECONOMICALLY SIGNIFICANT: No
** RECEIVED DATE: 11/16/2021LEGAL DEADLINE: Judicial  

AMS
Pre-Solicitation Announcement for Section 32 Purchase of Raisins and Dates

Pre-Solicitation Announcement for Section 32 Purchase of Hazelnuts

USDA Alaska Pink Salmon, Alaska Pollock and Chicken Purchase Program Announced

Twitter

@FrankYiannasFDA

  • The FDA, along with  @CDCgov and our state and local partners, is working to investigate a multistate outbreak of E. coli O157:H7 Outbreak associated with spinach consumption. https://fda.gov/news-events/press-announcements/fda-brief-fda-announces-investigation-e-coli-o157h7-outbreak-linked-spinach
  • Thus far, the FDA has traced supply chains for this product back to a small number of farms in two different geographic regions and is deploying investigators along the supply chains of interest.
  • We are issuing this update early in our investigation as part of our continued commitment to transparency and early communication.
  • As we continue working with our partners to determine if additional products could be affected, we’re committed to providing updates as we learn more during our continuing traceback investigation, especially if there are any updates to this critical public health advice.

@US_FDA

  • According to the CDC, as of Nov. 15, 10 people infected with the outbreak strain of E. coli O157:H7 have been reported from seven states including: IA, IN, MI, MN, MO, OH, SD. Illnesses started on dates ranging from Oct. 15 to Oct. 27.
  • On Nov. 15, the Minnesota Department of Agriculture reported that as part of this outbreak investigation, a sample of Josie’s Organics Baby Spinach was collected from the home of an ill person and the sample tested positive for E. coli O157:H7.
  • Consumers, restaurants, and retailers, should not eat, sell, or serve Josie’s Organics Baby Spinach with a “Best If Used By” date of Oct. 23, 2021. Josie’s Organics Baby Spinach is sold in a clear plastic clamshell with the “Best If Used By” date on the top label.
  • Although this product is past expiration and should no longer be available for purchase, consumers should check their homes for product and discard it. If consumers froze fresh Josie’s Organics Baby Spinach, they should discard it.
  • The FDA and state partners are working with the firm to determine if additional products could be affected. This is an ongoing investigation and additional information will be provided as it becomes available.

November 18, 2021

Federal Register

Agricultural Marketing Service

Proposed Rules

Assessment Rates: Pears Grown in Oregon and Washington

Filed on: 11/18/2021 at 8:45 am

Scheduled Pub. Date: 11/19/2021

FR Document: 2021-25160  PDF 10 Pages (88.1 KB)  Permalink

Environmental Protection Agency

Notices

Agency Information Collection Activities; Proposals, Submissions, and Approvals:

Meat and Poultry Products Industry Data Collection

Filed on: 11/18/2021 at 8:45 am

Scheduled Pub. Date: 11/19/2021

FR Document: 2021-25295  PDF 5 Pages (113 KB)  Permalink

[Note: EPA collecting information from MPP facilities to inform its effluent limitations guidelines under the Clean Water Act.]

Food and Drug Administration

Notices

Agency Information Collection Activities; Proposals, Submissions, and Approvals:

Labeling of Certain Beers Subject to the Labeling Jurisdiction of the Food and Drug Administration

Filed on: 11/18/2021 at 8:45 am

Scheduled Pub. Date: 11/19/2021

FR Document: 2021-25300  PDF 7 Pages (73.5 KB)  Permalink

Substances Generally Recognized as Safe: Notification Procedure

Filed on: 11/18/2021 at 8:45 am

Scheduled Pub. Date: 11/19/2021

FR Document: 2021-25302  PDF 6 Pages (108 KB)  Permalink

[Note: Solicits comments on the information collection associated with provisions of the notification procedure for substances generally recognized as safe (GRAS), proposes use of Form FDA 3667.]

White House

Recent Progress at Our Ports: Moving Cargo and Filling Shelves

FDA

Recalls

DateBrandDescriptionProduct TypeRecall ReasonCompany
11/17/2021Mountain Meadow HerbsCandida FlushFood & BeveragesDue to exploding bottle riskMountain Meadow Herbs

Dockets

FDA-2021-N-0553-0003 – Plant Based Foods Association (“PBFA”) comments in response to the FDA’s notice that it intends to issue guidance on the topic of “Labeling of Plantbased Milk Alternatives; Draft Guidance for the Industry” by the end of June 2022

[Note: comments urge the FDA to re-affirm its long-standing position allowing use of the term “milk” with appropriate qualifiers like “soy,” “almond,” “oat,” or “plant-based,” stating there is no evidence that consumers are confused by plant-based milk labels. Therefore, there is no valid basis for the FDA to reverse its long-standing approach regarding product naming]

OMB

AGENCY: HHS-FDARIN: 0910-AI13Status: Pending Review
TITLE: Nutrient Content Claims, Definition of Term: Healthy
STAGE: Proposed RuleECONOMICALLY SIGNIFICANT: Yes
** RECEIVED DATE: 11/17/2021LEGAL DEADLINE: None  

[Note: From the abstract: “The proposed rule would update the definition for the implied nutrient content claim “healthy” to be consistent with current nutrition science and federal dietary guidelines. The proposed rule would revise the requirements for when the claim “healthy” can be voluntarily used in the labeling of human food products so that the claim reflects current science and dietary guidelines and helps consumers maintain healthy dietary practices.”]

APHIS

APHIS Deploys a High-Tech Tool to Keep Ralstonia Out of the United States

AMS

USDA Announces Grain Inspection Advisory Committee Meeting

Twitter

@ USDA

@FTC

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