Laws and Regulations Committee Update – November 6 – 7, 2019

Federal Register

Environmental Protection Agency


Pesticide Tolerance for Emergency Exemption:


Filed on: 11/06/2019 at 8:45 am Scheduled Pub. Date: 11/07/2019

FR Document: 2019-24268 PDF 19 Pages (130 KB) Permalink


FDA Continues Enforcement Discretion Policy Relevant to Certain Co-Manufacturers under FSMA

FDA Shares FY16–17 Microbiological Sampling Summary Report for Cucumbers


Warning Letters

Posted DateIssue DateCompanyIssuing OfficeSubject
11/05/201910/08/2019K-Pra Foods Private LimitedCenter for Food Safety and Applied NutritionAcidified Foods/Emergency Permit Control/Adulterated
11/05/201910/16/2019Revital U International, LLCOffice of Human and Animal Food Operations West Division 3CGMP/Dietary Supplement/Adulterated


DateBrandProduct DescriptionProduct TypeReason/ProblemCompany
11/05/2019WegmansVegetable blends served at self-serve cold barFood & Beverages, Vegetable ProductsListeria monocytogenesWegmans
11/05/2019No Brand name Listed on PackageStir Fry BlendsFood & Beverages, Vegetable ProductsListeria moncytogenesGHNW, LLC



  • Guidance for Industry: continuation of enforcement discretion regarding certain supply-chain program requirements and co-manufacturer supplier approval and verification for human and animal food is extended until November 6, 2019.  #FSMA
  • Enforcement discretion gives brand owners more time to work with suppliers to adjust contracts so that supply-chain related info could be shared with co-manufacturers.
  • At lunch today, notice that many chain restaurants, coffee shops, and more now have calorie information on their menus. Compare calorie info before you order, then make the choice that’s right for you. #MenuLabel #HealthyEating …
  • The FDA Food Safety Modernization Act #FSMA requires a program be established for testing of certain human & animal food by accredited labs. The public comment period is Nov 4 thru Mar 3 2020
  • FDA continues to take steps to modernize the food safety system & build upon improvements made by the original reqs of FSMA. It’s important for us to look at ways to work together at every level of the gov’t & private sector to act quickly when food safety issues are discovered.


  • FDA developed a food enrichment program in the 1940s to help ensure foods enriched w/ vitamins were actually beneficial. And although we [love] #NationalDonutDay , FDA’s enrichment policies did not allow for the fortified donuts in this ad from the ’40s.



  • Today we released our Cucumber Sampling Report, as part of our ongoing effort to ensure food safety & prevent contaminated products from reaching consumers. As with all produce, consumers are advised to wash cucumbers before eating

November 7, 2019

Federal Register

Agriculture Department

Proposed Rules

Supplemental Standards of Ethical Conduct for Employees of the Department of Agriculture

Filed on: 11/07/2019 at 8:45 am Scheduled Pub. Date: 11/08/2019

FR Document: 2019-24082 PDF 15 Pages (273 KB) Permalink

Food Safety and Inspection Service


Eligibility of the People’s Republic of China to Export to the United States Poultry Products from Birds Slaughtered in the PRC

Filed on: 11/07/2019 at 8:45 am Scheduled Pub. Date: 11/08/2019

FR Document: 2019-24234  PDF 34 Pages (372 KB) Permalink


Beware! FDA Name Used Fraudulently in Phishing Attempt


DateBrandProduct DescriptionProduct TypeReason/ProblemCompany
11/06/2019Mill Stream Corp.Cold Smoked SalmonFood & Beverages,Clostridium botulinumMill Stream Corp.
11/06/2019Whole Foods MarketMultiple ProductsFood & Beverages,Multiple ProductsWhole Foods Market
11/05/2019MeijerVegetable Trays & Broccoli floretsFood & Beverages,Listeria monocytogenesMeijer



Product RecalledDate of Recall
108-2019 Simmons Prepared Foods, Inc. Recalls Poultry Products due to Possible Foreign Matter ContaminationNov 06, 2019


USDA Cites Huxtable’s Kitchen Inc. in California for PACA Violations

USDA Files Action Against Versa Marketing Inc. in California for Alleged PACA Violations

USDA Reaches a Consent Decision and Civil Penalty with Four R Ranch LLC, Greg Ryan and Tim Ryan (Four R) for P&S Act Violations

USDA Reaches a Consent Decision with Jonathan Allen Sivertson Jr., dba Sivertson Farms for alleged Packers and Stockyards Act Violations


Perfluorooctanoic Acid (PFOA) and Perfluorooctane Sulfonate (PFOS) in Drinking Water

  • PUBLIC HEALTH GOAL INITIATION WEBINAR: OEHHA is hosting a webinar on November 15, 2019, from 9:00 a.m. to 12:00 p.m. (PST), to provide the public with the opportunity to hear and ask questions about the toxicological and epidemiological data for evaluating the health risks of perfluorooctanoic acid (PFOA) and perfluorooctane sulfonate (PFOS) in drinking water.
  • PUBLIC HEALTH GOAL INITIATION NOTICE AND DATA CALL-IN: At the request of the State Water Resources Control Board (SWRCB), OEHHA is initiation the development of public health goals for PFOA and PFOS in drinking water. 



  • #TBT 1959: 3 weeks before Thanksgiving, FDA announced that chemists discovered a toxin (aminotriazole) in the cranberry crop. Cranberries cleared for sale at this time were the only product ever to correctly boast they had been tested & cleared “by FDA.”


  • Ghnw, LLC Voluntarily Recalls Mushroom Stir Fry Blend and Stir Fry Blend Because of Possible Health Risk in Oregon and Washington States