Food Laws and Regulations Division
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Food Laws and Regulations Division
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Newsletter - Vol. 11, No. 5 - Spring 2001 Table of Contents
Message from the Chair - Tom Wilson, Chair Food Safety -- The Lawyers .vs. The Scientists Litigation, that's the key to food safety. Armed with legal tools such as strict liability, breach of warranty and common law negligence, lawyers with their impressive array of weapons are in the best position to compel Improvements in food safety.No, innovation is the key to food safety. Armed with tools such as HACCP, ISO-9000, irradiation and other novel processing technologies which include a "lethal step" in the processing of food products, scientists are best situated to ensure safe foods. Add to this argument the fact that we are still implementing and amending a 63 year old food law promulgated at the time, without significant input from the scientific community because the science of food safety itself was in its infancy In 1938 there was little in the way of instrumental analysis to detect or quantify food borne contaminants. The Federal Food Drug and Cosmetics Act of 1938 was the second attempt at a national food law which contemplated the need for improved labeling, food standards, better penalties, etc. That law, as amended in 1958, once again as a reaction to food and color additives and consumer demands for pre-market approval, prevented the utilization of irradiation as a processing technology for almost 50 years. Now, in the light of the super-bugs (e. coli, listeria and salmonella) which has spurned increased litigation, the evidence of as published by the CDC demands a verdict. Who's right? Is the key to food safety, litigation or innovation? We have a division and an organization composed of distinguished members of both communities dedicated to solving this problem. Our division can be a source for the answers to this most challenging and compelling course, cooperation between the two as manifested by science-based regulation such as HACCP and product liability litigation. Heretofore, scientists have been relegated to the status of "expert witnesses" and lawyers to the status of` "necessary evils". Science has followed the law since 1906 Improving the safety of foods in the new millennium will require that the laws, follow the new science that is required to combat the superbugs. The rights of the consumer will continue to be protected by litigation. Negligence awards are a proven deterrent to negligent conduct. So long as the industry is perceived to have a duty to protect the consumer from foreseeable hazards, lawyers in all their forms, legislators, government regulators, in house counsels and private litigators will be there to represent manufacturers and consumers alike to ensure all voices are heard and considered prior to a decision of liability. Likewise, so long as there are superbugs and like threats to the health and safety of the consumer, scientists will be there to explore and perfect novel technologies to combat these threats. Looking toward the Annual Meeting, we have been quite active planning what we think will be an excellent Annual Meeting Program in June in New Orleans. This year, our Division will sponsor a "Hot Topic" entitled: Bio-terrorism: Is the Food Industry at Risk? The symposia will address the very real and present concern about acts of bio-terrorism and will cover topics including food contamination, business disruption, and consumer responses. Thanks to Barb Rasco, for coordinating and scheduling this Hot Topic and to Janine Neils for coordinating the program as a whole. The open Executive Committee Breakfast Meeting of the Division is scheduled for Monday, June 25. All members are welcome to attend this meeting. IT you cannot attend but have concerns that need to be addressed please send me an e-mail or share them with any member of the Executive Committee Many thanks to all of you who helped and participated in tl,u preparation of this most excellent program Message from the Chair-Elect, Janine Neils Across the US Spring has sprung and among other things, the thoughts of IFT members turn to the Annual Meeting. As you are probably well aware, this year's meeting is scheduled for New Orleans, home of hot, humid weather and great food. What better location for a meeting of food professionals? I will share the names of my favorite eating establishments, if you share yours. Along with the opportunity to renew professional and personal relationships with colleagues, this year's Food Laws and Regulation Division's technical program should prove one of the most stimulating and informative. FLR's symposia last year in Dallas were some of the best attended at the meeting. This year promises to equal or surpass the quality of last year. The Division is sponsoring two symposia, while hosting a Hot Topic on Bioterrorism. I encourage all members to attend the luncheon on Monday. The speaker will be Mr. Roger Viadero, Inspector General, USDA. His dynamic style and wealth of experience should make for an entertaining and educational time. Sunday morning's HOT TOPIC on Bioterrorism is a "must attend" for all of us in the food industry. The threat to business from bioterroristic attacks is real. The information presented here will aid in assessing your company's risk, and provide real life scenanos on how to deal with terroristic threats. If your company hasn't been through a threatening situation, you may not totally understand the need for this information, but all of us in the food business are vulnerable to these types of attacks. As in most situations, being forewarned and prepared is often the best way to handle what can be a devastating situation. Sunday afternoon's symposium on Developments in the Regulation of Genetically Modified Organisms addresses the significant challenges we face when attempting to interpret and apply the myriad of labeling and approval regulations for products derived from genetic modification. The speakers will address the very fluid world of biotechnology regulations that currently are in force, as well as those that are being proposed worldwide. Again, as the very emotional topic of biotechnology reaches the ears of our lawmakers, regulations appear almost overnight. All companies need to be aware of the current situation, and get a feel for the future Staying around through Wednesday morning has never looked better. The FLR Division is co-sponsoring a symposium on International Food Regulation. The regulatory experts from several countries will help to shed some light on what can be a confusing and frustrating expenence for many multi-national companies - compliance with food and importation regulations for foreign countries T hope I have whetted your appetite. I am very excited about this year's program. I believe you will find this year's Annual Meeting worth the trip. I am looking forward to reconnecting with old colleagues and meeting many more new ones. See you in New Orleans !! Food Laws Over The Internet, Tom Wilson The International Food Law Internet Certificate Program sponsored by the Institute for Food Laws and the College of Agriculture at Michigan State University continues to expand in faculty, student base and number of courses offered over the Internet. This fall the Program will include courses in United States, Latin America, European Union and a survey course in International Food Laws and Regulations. The courses are open to everyone and can be taken for no credit, undergraduate or graduate credit. Contact Mary Anne Verleger, (verleg3@msu.edu) Course Manager: at 517-355-8295 or browse their homepage at: http://www.vu.msu.edu/preview/anr-ifl/ Membership Recruitment, Steve Ziller, Ph.D., Membership Chairman Excitement is in the air this time of year as scientists from throughout the world are planning for their attendance at this year's annual meeting of the Institute of Food Technologists in New Orleans, Louisiana June 23-27, 2001. This is particularly true for the IFT Food Laws and Regulations Division, which has put in another distinguished effort in developing and co-sponsoring several symposia on high priority issues of interest to the Division's members. You are encouraged to attend yourself and encourage participation of a colleague or scientific friend who may be interested in meeting some of the world recognized experts in the area of food laws and regulations. These meetings are the best opportunity to meet and discuss issues critical to your responsibilities or interests and to meet others with similar problems and questions to your own. In addition to the symposia and other technical sessions, you should definitely consider attending the Food Laws and Regulation Division Lunchcon. For those of you who are considering participation in the leadership of the Division, stop by the Executive Committee meeting of the Division. When you receive the definite dates for these events, get them on your calendar and share them with others who may be interested. Our Division remains strong with an additional 117 members signing up since the last newsletter. Again we are very happy that 15% of these new members are from outside the United States (i.e. Canada, Mexico, Hong Kong, Philippines, Italy, Netherlands, Nigeria, Thailand, and Ecuador). We welcome all these new members and ask them to help add new members to the Division. The nominal dues of $7 per year are a bargain for the benefits which the Division makes possible with syruposia, newsletters, a web page with links to other important food sites, a listserv, short courses, etc. Share this newsletter with potential new members you think might be interested and encourage them to join the Division. If you have any questions, contact me at zillermi@aol.com Short Course Report, Jim Vetter, Short Course Coordinator The Division continues to co-sponsor two short courses each of which is given twice during the year in cooperation with other co-sponsors as listed below. The course schedule for this year is: Food Labeling
In cooperation with IFT, AIB and FDA Food Laws and Regulations
In cooperation with IFT, FDA and USDA The Food Labeling course has a limit on number of registrants and has regularly been a "sell out" with a waiting list. Early registration is certainly recommended to avoid disappointment. The Food Laws and Regulations course has no limit on number of registrants and continues to be a popular educational program. Questions on either of the courses can be addressed to Dean Duxbury at IFT or Jim Vetter, the Division's short course coordinator and director of the two courses. Note for Annual Meeting Presenters: Joe Regenstein, Technical Presentations Subcommittee If you are presenting at the next Annual Meeting, we hope you will remember the following so that we have a more productive program:
Thanks for making this the best Annual Meeting ever! Message from the Student Representative, Darron Jeffries, University of Maine My name is Darron Vaughn Jeffries, and I am your student representative for the 2000-2001 term. I am a Ph.D. student at the University of Maine working on a degree in Food Science. My first experience with food laws and regulations was when I took a course in the spring of 2000. I have been fascinated with it since then. The greatest interest is in food labeling. I had an opportunity to take a short course in food labeling in August of 2000 in Boston, Massachusetts. The food labeling short course has a lot of advantages to anyone who is interested in a career in regulations of Food labeling. Some of the highlights of this short course were information about the new labeling requirements of the Nutritional Labeling and Education Act, what is required to say that a food is low fat or fat free, and how to develop a label so that your product can be sold in a domestic market. These are just a few of the exciting topics coveted. I urge all students ofthe division to go out and tell other students in food science about the Food Law & Regulation Division, because there are so many opportunities and advantages of being a member of this division. If you have any students inquiring about the division, have them email me at darronjeffries@umit.maine.edu and 1 will personally tell them why it is advantageous to join the Food Laws and Regulations division. Food Science and Health: Towards A National Rational Health Policy Worldwide we are seeing great changes in consumer demands for food. Consumers have always demanded a variety of safe, high quality and convenient foods but now a crescendo of concern for "absolutely" safe food, that also may impact health benefits, is being heard. Consumers are beginning to realize that a high-duality, long-life, is in part, a controllable gift. In response, science and its concomitant technologies are creating non- traditional foods while marketing is touting non-traditional benefits. This evaluation has created a distrust in science in general and the gene enabled sciences in particular. To deal with this, new and often confusing legislation has been developed namely the Nutritional Labeling and Education Act (NLEA) and the Dietary Supplement Health and Education Act (DSHEA). Other legislation concerning food safety has been developed, modified or challenged at times on a scientific basis and at other times on a more questionable basis. As these controversies swirl, it is essential that consumers along the academic, industrial and government scientist begin an open, candid dialogue regal-ding public policy related to health and safety aspects of food. This is critically important as a prelude to charting clear, effective policies for the future. This evolution of future directions must involve all parties having a "stake" in the outcome academic, government, and the private sector and above all, consumers. To this end, the Food Science Department at the University of Massachusetts is announcing a Symposium entitled "Food Science and Health: Towards a National Rational Policy" to be held November 8 and 9, 2001 at the Campus Conference Center at the University of Massachusetts. Amherst. The Symposium will feature key thought leaders from the FDA, and industry presenting various perspectives on both the safety "crisis" and the claims creditability "crisis" on the First day. The second day will feature break our sessions and a panel discussion to galvanize and focus recommendations and future directions. For more information please contact our web site http://www.umass.eud/foodsci/fspolicysymp.html INSIDE Washington, John Tisler, Inside Washington Compiler and Member Division Executive Committee In this issue of "inside Washington" several FDA enforcement or compliance references are listed, with a brief description of each. These items are developed to provide guidance for a uniform regulatory approach throughout FDA's headquarters and Field offices. and are made available outside or FDA to encourage a better understanding of and compliance with FDA's Iegal requirements Each description contains the FDA Internet web site URL address, where you can access the publication. If you do not have Internet access, contact John Tisler, Director, Industry Activities Staff Center for Food Safety and Applied Nutrition, at 202-205-4255, since some of these references are available in printed versions Be sure to regularly visit FDA's Internet website http://cfsan.fda. gov/~news/whatsnew.html for the latest enforcement policy releases and other important food safety information. Compliance Policy Guides (CPG's) Contains FDA compliance policy and regulatory action guidance for FDA staff. The CPG's dealing with foods can be found at http://www.cfsan.fda.gov/ora/compliance_ ref/cpgfod/default.htm Recall Policies: explains the three classes of recalls and discusses FDA's role in the recall process as well as what are the responsibilities of the firm conducting the recall. Visit http://www.fda.cfsan.fda.gov/~lrd/recall2.html for this information. A continuously updated listing of current recalls is located at http://www.fda.gov/opacom/7alerts.html Investigators Operations Manual (IOM): Provides the standard operation procedures for FDA Investigators. The Inspectional methods cover- sanitation micro problems, labeling, standards, and (GMP's Its website address is http://www.fda.gov/ora/inspect ref/iom/iomtc.html FDA's Food and Cosmetic Regulatory Resposobilities: A summary of the legal requirements affecting the manufacture and distribution of food and cosmetic products within and imported into the United States. This brief discussion is at http://www.cfsan.fda.gov/~dms/regresp.html A more in-depth discussion of all FDA regulated products is contained in the publication "Requirements of Laws and Regulations Enforced by the U,S, Food and Drug Administration" located at http://fda.gov/opacom/morechoices/smallbusiness/blubook.htm Nominations Sought for Achievement Award... The IFT Food Laws and Regulations Division is accepting nominations of candidates with a long-term substantive contribution to the field of food law and regulations, including teaching, legal practice, government, industrial and consumer service. The award is the highest and only award for achievement in food law and regulations given by IFT Criteria for the Award:·
SEND Your Nominations to: Caleb Gilchrist, Ph,D, Award Committee Chair Food Laws and Regulations Division Institute of Food Technologists c/o Foundation for Research, Education and Excellence (FREE), Inc. 1225 Eye Street NW, Suite 500 Washington, DC 20005 Phone: 202/218-3531 Fax. 202/588-5448 (please mail information) E-Mail: c.l.gilchrist@worldnet.att.net Send information to the Editors at the addresses below. Please send comments, suggestions concerns and corrections to us, we want to hear from you.
Last modified: June 19, 2001 |
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