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Weekly Newsletter | May 2, 2024

Food & Nutrition


FDA to Host Listening Session on Optimization of Advisory Committee Processes 

FDA announced that the agency is hosting a public listening session to solicit feedback on the agency’s use of and processes for its advisory committee policies and practices on June 13, 2024. FDA is seeking input on the composition of the advisory committees, ways to improve the experience for members serving on committees, ways to streamline administrative burdens, and ways to ensure public awareness and understanding of the role of advisory committees. The deadline to register for the public meeting is June 13, 2024, with a deadline to submit written public comments by August 13, 2024. FDA is also providing an opportunity to request to provide oral public comments by May 13, 2024, with a deadline to submit presentation materials by June 7, 2024. 


NYC Releases Proposed Regulations on Restaurant Added Sugar Warning Icon Law

The New York City Department of Health and Mental Hygiene (DOHMH) released proposed regulations that will be used to implement the Sweet Truth Act, requiring restaurants with 15 or more national locations to display an added sugar warning icon on menu items that contain at least 50 grams of added sugar per serving. However, this mandate will only be fully enforced if and when the FDA requires added sugar information on all restaurant menus. Under the proposed rules, chain restaurants would, however, need to display the warning icon on specific menu items, including pre-packaged products and those similar to pre-packaged items, such as fountain drinks, coffee beverages, and salad dressings, that exceed the 50-gram threshold. Additionally, restaurants would be required to display a statement warning that excessive added sugar can lead to type 2 diabetes and weight gain. The proposed regulations would go into effect for prepackaged food items on June 19, 2024, and for items that are similar to pre-packaged products on December 1, 2024. The DOHMH is open to public comments on the proposal until May 23, 2024, and will hold a public hearing on the same day to gather oral feedback from stakeholders and the public. 

Food Safety


FDA Publishes Small Entity Compliance Guide for Use of PHOs in Food Final Rule

FDA published a small entity compliance guide (SECG) intended to help small entities and manufacturers comply with requirements established in the agency’s direct final rule, Revocation of Uses of Partially Hydrogenated Oils in Foods. The direct final rule, published in August 2023, amends the agency’s regulations that provide for the use of partially hydrogenated oils (PHOs) in food to remove all mention of PHOs from FDA’s generally recognized as safe (GRAS) regulations that reflect the agency’s final determination that PHOs are not GRAS in 2015. The SECG restates in plain language the revisions made in the final rule that went into effect on December 22, 2023. 


FDA Releases Updated Guidance on Genomic Alterations in Animals

FDA released two updated guidances to advance the agency’s regulatory process for intentional genomic alterations (IGAs) in animals. The final guidance for industry and draft revised guidance intends to help industry understand the existing statutory and regulatory requirements applied to IGAs in animals and to inform the public about the FDA’s regulatory process. The final guidance clarifies FDA’s requirements and recommendations for regulating all IGAs in animals and the draft guidance explains how the agency’s approval process applies to heritable IGAs in animals. FDA also announced the establishment of a memorandum of understanding (MOU) with USDA to clarify roles and responsibilities for the regulation of IGAs in animals. The deadline to submit public comments on the draft guidance is July 31, 2024.


Florida Passes Bill to Prohibit Sale of Cell-Cultured Meat in the State 

The Florida legislature signed into law a first-in-the-nation bill that will prohibit the manufacture, sale, and distribution of cell-cultured meat in the state. The legislation, endorsed by the Florida Cattlemen’s Association, reflects Florida's commitment to safeguard the state’s meat production agricultural practices. This announcement follows similar state legislative actions proposing to prohibit, restrict, and/or require labeling of cell-cultured meat products, as Texas law currently requires cell-cultured and analogue food products to be labeled as “analogue,” “meatless,” “plant-based,” or “made from plants” on the product packaging. The Florida legislation will go into effect on July 1, 2024.

Agriculture


House and Senate Agriculture Committees Release Farm Bill Proposals 

The House and Senate Agriculture Committees released their respective farm bill proposals, led by Senate Agriculture Committee Chairwoman Debbie Stabenow (D-MI) and House Agriculture Committee Chairman Glenn Thompson (R-PA). The proposals outline the chamber’s policies and priorities for inclusion in the forthcoming 2024 farm bill. The Senate Agriculture Committee’s framework, the Rural Prosperity and Food Security Act, and the House Agriculture Committee framework have differing positions regarding federal nutrition program funding, Thrifty Food Plan future benefit adjustments, and the allocation of conservation funds. The House Agriculture Committee is scheduled to host a markup of the Committee's proposal on May 23, 2024. The Committees intend to release a bipartisan farm bill by the end of the year.

Global


Canada to Implement Federal Plastics Registry for Food Packaging Products

Canada announced the implementation of a Federal Plastic Registry as a reporting tool to monitor and track plastic, including plastic packaging used in agriculture and food manufacturing on the Canadian market. The Registry will require producers to report annually on the quantity and types of plastic they place on the market, how that plastic moves through the economy, and how it is managed at the end of life. The country’s annual reporting to the Federal Plastics Registry will begin in September 2025 and continue until September 2027. Plastic packaging, including beverage containers and food contact materials, will be subject to the reporting requirements. The Registry aims to advance the Canada-wide Strategy on Zero Plastic Waste and Action Plan. This announcement follows Canada's open public consultation on the establishment of the Registry in December 2023.

Fun Fact: Beans are one of the longest-cultivated plants, with evidence dating back over 7,000 years.

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