Food Laws and Regulations Division

Newsletter - Vol. 8, No. 1 Fall 1997

Table of Contents

Message From the Chair
Jim Heimbach, Chair

As I embark on my year as chair of the Food Laws and Regulations (FLR) Division, I want to recognize the work of the past chair, Ted Labuza. His achievements and those of his predecessors provide the foundation on which this year's objectives can be built.

Last year, the newsletter-edited by Tracy Altman and Jim Vetter, was a key communication tool for the Division with the appearance of three excellent issues. The Division is grateful for their efforts, and I express my appreciation to Mary Schmidl and Polly Olson for volunteering to step into this role, and Mark Harrison for his continued willingness to handle the mailing.

Mitzi Elkes has agreed to again chair the employment committee. I am sure that you will continue to see her postings on the FoodLaw Listserv.

The Division has grown to more than 1200 members, about 5% of IFT's membership. A special thank you to Ralph Glover, Chair of our Membership Committee for his support, and please note that our Division remains solvent and fiscally well managed with Karen Carson as Treasurer.

At the Annual Meeting in Orlando, the Food Laws and Regulations Division participated in a Continuing Education Workshop, "Understanding International Food Law: Competing in Global Markets," and co-sponsored three symposia. These symposia addressed technical, legal, and regulatory issues in bringing a food product from conception to worldwide markets (with the new Marketing and Management Division); labeling of reduced-calorie ingredients (with the Nutrition Division), and the international scientific and regulatory status of endocrine disrupting chemicals (with Toxicology and Safety Evaluation). Attendance at these symposia was well above average. Our luncheon was also well attended with Dr. Fred Shank speaking on FDA issues and concerns.

David Haytowitz took us into a leadership position at IFT with the best division home page of the Institute. In addition to what is displayed on the home page itself, it provides links to excellent U.S., and international regulatory sites.

One of the Division's goals for the 1997-98 year, approved at the Executive Committee meeting in Orlando, is to expand the international links available through the Division home page. The objective is to have this home page be the best starting point available for searches for worldwide regulatory and food safety information. If you know of good sites-academic, government, association, private; U.S., international-that you'd like to share, please contact David at dhaytowitz@rbhnrc.usda.gov .

The Division has grown and expanded its range of activities over the past several years, and the Executive Committee agreed that it is time to hold a Strategic Planning Meeting. We'll hold this meeting this fall. If you would like to participate In such a meeting, please contact me at jth@tasinc.com or phone/fax.

Barbara Rasco is the Chair-Elect and Program Committee Chair. Barbara has already begun assembling an excellent program. Please see the symposia article on page 3 for more details. If you're interested in these or other possible symposia or lectures, contact Barbara at 206-685-1203.

Thanks to all the people who have volunteered this year, and in the past, to give their time and energy to making the division a success.

Short Course Update - Food Laws and Regulations

Note: While the course took place on September 29-30, 1997, this information is provided for those people who may be interested in future offerings.

Sponsored by: IFT Continuing Education Committee IFT Food Laws & Regulations Division
Food and Drug Administration Center for Food Safety and Applied Nutrition
Information: Contact-Judy McGarry, Institute of Food Technologists, 221 North LaSalle Street - Suite 300, Chicago, IL 60601. (800) IFT-FOOD; FAX:(312) 782-0045

Americans enjoy the safest, most abundant and varied food supply in the world. To assist in keeping these favorable conditions throughout the food industry legal requirements have been developed for food safety, wholesomeness, and truthful labeling. Industry's understanding of and voluntary compliance with these requirements have been major factors in achieving the desirable situation that exists in the food that is produced marketed, and consumed in the United States.

This course is designed to provide that knowledge and understanding and is intended to help those involved directly in developing producing, or marketing food products as well as those involved indirectly as suppliers of ingredients, packaging materials, equipment, or advertising and marketing services. Session I will review how foods are regulated by FDA and USDA under the various laws that have been passed by Congress.

Session II will provide an overview of the regulation of food additives and other substances used in foods and the requirements for proper labeling of industrial and consumer food products. This Session will include a discussion of nutrition labeling requirements, special provisions for regulating dietary supplements, and provisions for health and nutrient content claims.

Finally, Session III will describe in detail options for enforcement of laws and regulations and how good manufacturing practices and HACCP programs can be developed and implemented to avoid enforcement action by regulatory authorities.

Registrants will receive a Course Notebook covering the course materials and a copy of a new book entitled Food Laws and Regulations, published recently with a cooperative review by FDA. The book will serve as a continuing resource for information covered by the speakers.

Course: Labeling of FDA Regulated Foods

This program is being sponsored by jointly by IFT, FDA and AIB.
Course director and instructor: Dr. James Vetter.

Proposed Symposia for 1998 Annual Meeting

The following are the ideas for symposia for the 1998 Annual Meeting brought to the Executive Committee at the June 1997 ExComm Meeting for consideration and further development. Please contact the division members listed for your ideas on these topics (and others) and willingness to assist with program development.

1. Nutraceuticals: Functional Foods for Health-proposed joint sponsorship by Food Chemistry Division and Food Laws and Regulations. Ms. Carolyn Fisher of McCormick Spice, Co. presented this symposium for our joint sponsorship at the Executive Meeting in June 1997.,Ted Labuza (612-624-9701) and Mary Schmidl (612-481-9216) will work with Food Chemistry Division to coordinate this symposium.
2. Product Liability and HACCP. Barbara Rasco (206-685-1203) of the FLR, and Bob Pecknickey of the Quality Assurance Division have developed this symposium for the 1998 meeting. Key speakers will include the lead plaintiff and defense counsel for the Kack-in-the-Box cases in the Pacific Northwest.
3. George Arndt (201-682-7561) in conjunction with the Food Packaging Division proposed a joint symposium including the International Division and FLR covering International Trade Aspects of Food Packaging, Regulatory Compliance, Labeling. Barbara Rasco (206-685-1203), Mitzi Elkes (914-923-1762), and George Arndt will work with other divisions to coordinate this symposia.
4. Jack Cooper (FIEN) (301-384-8287), and Tom Wilson (573-874-1078), a current doctoral student at the University of Missouri and practicing attorney with specialties of Intellectual Property and Environment Laws on the Food Industry.

Please contact Barbara Rasco for comments or further details. 206-685-1203 or fax 206-543-5417, E-mail brasco@fish.washington.edu

Membership Report
Steve Ziller, Membership Chair

The FLR Division continues to grow into one of the major divisions of the IFT with about 1200 members. Many individuals with food science, regulatory, legal, or public policy backgrounds and experience, have found that membership in the IFT FLR Division offers unique opportunities to constructively address critical issues of food safety, quality, and availability at the intersection of these disciplines. No matter if one is employed at an academic, government, or industrial institution, the FLR Division provides a number of platforms to interact personally with others who share this interest.

Whether at the annual meeting where the Division sponsors key symposium on topics of critical interest to FLR members or in participating in the Division List Server to exchange ideas, questions, FLR serves its members. As chairperson of the Membership Committee, I hope to solicit the help of all FLR Division members in communicating the benefits of the Division to other prospective candidates. I am currently the Chair-Elect of the Washington, DC IFT Section and I have a sense of the increased interest in the issues which are the primary focus of the FLR Division. Our Division continues to provide IFT with a number of continuing educational short courses dealing with food labeling and other important aspects of food laws and regulations for its members.

How can you help the Division continue to grow? You can pass along this newsletter to one of your colleagues and invite them to join us by contacting: Laurie Cornwell, IFT Customer Service Representative, Phone: 1-800-IFT-FOOD; Fax: (312) 782-8348; E-mail: lacornwell@ift.org For additional description of the Division and its activities, you can surf the FLR Division homepage at www.ift.org/divisions/foodlaw Bookmark it for future reference.

Information on joining IFT is available from IFT's Home Page. If you are already a member of IFT, and wish to join the Food Laws and Regulations Division, a membership form is available online.

Council Meeting Update
Jim Vetter, Councilor

The IFT Council met in Orlando on Saturday, June 14th and took action on a number of issues that will have impact on the Institute for years to come.

1. After lengthy discussion and constructive debate, the council approved a report presented by the Task Force on Governance that changes the way in which the IFT is governed. Divisions will continue to be presented by one councilor; sections will be represented by one councilor for every 200 members instead of 100 members. This will reduce the size of the Council to under 200 members in total and will facilitate discussion and conduct of the annual meeting of the Council. Responsibilities of the Council and Executive Committee are clearly delineated and, again, this will facilitate efficient conduct of IFT business. Look for more details in FOOD TECHNOLOGY.
2. The Council approved a new Policies and Procedures Manual that separates from the constitution policies and procedures thus allowing changes in policies and procedures to be made without the cumbersome task of amending the Constitution.
3. Four new divisions were approved: Education, Food Chemistry, Marketing & Management, and Product Development.
4. A Strategic Long Range Plan was approved that included the following mission statement and long-range goals:

Mission Statement: The Institute of Food Technologists advances the science and technology of food through the exchange of knowledge.

Call for Nominations

It is never too early to think about our 1998-99 leadership. We have so many talented members is the Food Laws and Regulations division. Please consider becoming more actively involved by investing in the future of FLR and holding an office. We have an opening on the Executive Committee in addition to needing candidates for Chair-Elect, Secretary, and Treasurer. if you are interested in holding an office or would like to nominate someone, please contact:

Dr. Ted Labuza
University of Minnesota
Department of Food Science
1354 Eckles Ave. 136ABLMS
St. Paul, MN 55108
612-624-9701 Fax 612-625-5272
E-mail: tplabuza@epx.cis.umn.edu

Division to Sponsor Paper Competition
Barbara Rasco, Chair-Elect

The Food Laws and Regulations Division in the Institute of Food Technologists will sponsor a Graduate Paper Competition as part of the Annual Meeting to be held in Atlanta in June 1998. The objective of the paper competition in the Food Laws and Regulations Division is to encourage students entering our profession to consider how legal requirements impact their work and what the potential legal implications of their work might be. The requirements for the paper competition are outlined below and were designed to be as broad as possible and to cover any science. The only restriction is that the papers must address legal issues in food safety, food processing, labeling, etc., however this can be in addition to technical issues as well.

Please encourage graduate students to consider submitting their paper to the Graduate Student Competition for our Division.

If you or your students have questions about the paper competition, call Barbara Rasco at 206-685-1203; fax 206-543-1417; or E-mail: brasco@fish.washington.edu.

Papers for the Graduate Student Paper Competition sponsored by the Food Laws and Regulations Division can be submitted in any subdiscipline of food science but must include a focus on international, federal, or state laws, regulations or guidelines affecting food safety, processing, labeling, or other appropriate areas. Examples of possible topics include the following:

Highlights from June Executive Committee

Our chair, Ted Labuza, conducted the June executive meeting. The following are highlights from the executive committee meeting. For further details contact the Past Secretary-George Arndt for the complete June meeting minutes. New newsletter editors Mary Schmidl and Polly Olson were announced. Mark Harrison will continue to handle the mailing of the newsletters. Ralph Glover will be the new secretary. Steve Ziller will provide a Membership Directory both on paper and on disk. A motion was passed and seconded to spend $2000.00 for the directory.

Barbara Rasco will reissue the invitations to graduate and undergraduate students to submit papers for the Graduate Paper Competition. Jack Cooper will serve as Chair of the speakers Committee for future Division Luncheons. Mitzi Elks and Allison Reich are working on posting job opportunities on the Division's Listserv. Concerns about privacy need to be addressed. David Haytowitz is the Division Webmeister. David has created the web pages with text and tie-ins to other IFT www resources. Ted Labuza reported that the Listserv use goes up and down and that the server needs to be moved some time soon.

Potential 1998 Symposia Topics were discussed. See the separate article on proposed symposia. A Strategic Planning Meeting Midyear will take place in October or November. Location to be determined. Jim Vetter reported that the Food Laws and Regulations course is over subscribed.

Student Representative
Justin Shimek, Student Representative

Justin recently graduated for the University Minnesota in Food Science with emphasis in biochemistry. During his time at the University of Minnesota, he worked in Food Science and Nutrition labs, Justin was in the Food Science Scholars program for four years, and served as a Teaching Assistant for general biochemistry and interneting courses. Justin has been an R&D intern at General Mills for two summers, working with raw ingredient functionality. He has recently accepted an USDA National Needs Fellowship in Integrated Protein Design at University California-Davis. Justin is looking forward to being the Student Representative for Food Laws and Regulations.

Editor's Notes...
Mary Schmidl and Polly Olson, Editors.

Please submit articles or information for the next newsletter by October 15, 1997. Send information to the Editors at the address below. Please send comments, suggestions, concerns and corrections to us, we want to hear from you.

Polly Olson
Davisco Foods International, Inc.
11000 West 78^th St. Suite #210
Eden Prairie, MN 55344
612-914-0400
612-914-0887 Fax
E-mail: p0lly@aol.com

Mary Schmidl
NFNC
409 Vadnais Lake Drive
Vadnais Heights, MN
612-481-9216
612-483-3302 Fax
E-mail: schmi127@gold.tc.umn.edu

A special thanks to Nicole Fitch a Summer Intern at Davisco Foods International Inc. for her help with the newsletter layout and design. Thank you Nicole!

Calendar of Events

Oct 8-10: Food, Nutrition and Cancer Prevention. Washington Hilton Hotel Washington, DC. Sponsored by the American Institute for Cancer Research and the World Cancer Fund. ACIR Conference Secretariat The Pearson Group, 1150 S Washington Street, #219 Alexandria VA 22314; 703-683-6334; fax 703-683-6407

Oct 14-15: 8^th Nutraceutical Conference, "Cardiovascular Nutraceuticals: Their Proper Role in Health and Medicine The Capital Hilton, Washington D.C. Patricia Park, The Foundation for Innovation in Medicine, 411 North Avenue East, Cranford, NJ 07016; 908-272-2967; fax 908-272-4583.

Oct 21-23: Biotechnica Hannover '97-Int'l 'Trade Fair for Biotechnology. Hannover Fairgrounds, Hannover, Germany. Contact Donna Peterson Hyland, Hannover Fairs USA, Inc. 103 Carnegie Center, Princeton, NJ 08540; 609-987-1202; FAX 609-987-0092; e-mail: dyland@hfusa.com

Oct 27-29 1997 Int'L Whey Conference. Westin Hotel O' Hare, Rosemont (Chicago), IL. Sponsored by the American Dairy Products Institute (ADPI), the U.S. Nat'l Committee of IDF; and the Int'l Diary Federation (IDR), immediately preceding World Wide Food Expo '97 Dr. Warren S. Clark , Jr. 130 N. Franklin Street, Chicago, IL, 60606; 312-782-5455; FAX 312-782-5299.

Oct 30-Nov 2: 90th Annual NFPA Convention Chicago Hilton and Towers and McCormick Place, Chicago, IL. Held in conjunction with the Worldwide Expo (above). Cindy Nachman, Nat'l Food Processors Association, 1401 New York Avenue N.W., Washington, D.C. 20005; 202-639-5923.

Nov 3-4: Symposium, "Codex Procedures and Their Importance: The New World for Dairy Products" Palmer House Hilton Hotel, Chicago, IL. (immediately following Worldwide Food Expo at McCormick Place). Sponsored by the Int'l. Dairy Federation (IDF) and the U.S. Nat'l. Committee of IDF. Anne Divjak, IDFA, 1250 H Street NW, Suite 900, Washington, DC 20005; phone 202-737-4332; fax 202-331-7820 E-mail: adivjak@idfa.org.

Nov 4-6: Food Ingredients Europe (FIE). London, United Kingdom. Contact Michelle Wolfson at T & G Food Services Inc., 4220 Commercial Way, Glenview, IL 60026 (or call 847-635-9960; FAX 847-635-6801; E-mail: TGIngred@aol.com , or Ms. Marke Wijinberg, Miller Freeman B.V., Industrieweg 54, P.O. Box 200, 3600 AE Maarssen, The Netherlands (or call +31-346-573727; fax+31-346-573811; Website: www.mfbv.com).

Mar. 2-5, 1998: 28^th Annual Int'l Symposium of Environmental Analytical Chemistry. Geneva, Switzerland. Contract Mrs. M. Frei-Hausla, Int'l. Assn. of Environmental Analytical Chemistry (IAEAC) (E-mail: iaeacmfrei@access.ch).

April 4-7: DFISA's 1998 Annual Conference Marriott's Rancho Las Palmas Resort, Rancho Mirage, California. Dorothy Brady, DFISA, 1451 Dolley Madison Blvd, McLean, VA 22101-3850 or 703-761-2600; fax 703-761-4334).

June 20-24: Institute of Food Technologists Annual Meeting and Food Expo. Atlanta, GA. Richard Willey, IFT Headquarters 221 N LaSalle St., Suite 300, Chicago, IL 60601 or call 800-IFT-FOOD; fax 312-782-0045.

Science From The Hill
Joe Regenstein, IFT's First Congressional Science Fellow

As my year in DC comes to a close, I have begun to reflect on the experience. One of the issues of interest is the role of science on the hill. The following is an attempt to put some of my thoughts down on paper, and I share them with the food law group fix their thoughts. It is far from a completed document, but I suspect that this group more than any other would be interested in the relationship of science to legislative policy.

The consideration of the role of science and of scientists on the hill is certainly an interesting subtopic of a year as a Congressional Fellow. The process of incorporating science into the process of policy making is certainly part of what is hoped for from the Congressional Science Fellowships program However, as might be obvious, science is only one component of policy making, and the role of the scientist in policy making is different from his/her role in science and need to be more up-front about who we are and what ideas we represent.

As scientists, we have the ability to look at data critically, to determine what the data actually tells us, and what additional data is needed. Our ability to do this is closely tied to our professional field. We tend to look at things very narrowly. Our focused view is extremely important for our work, but this focus sometimes doesn't even allow us to look at the tree. Instead we look at a leaf a stem, or a root. Certainly we often do not take time to look at the forest nor do we always have the tools to do so. Thus, we often argue amongst ourselves about the "data" much like the blind men trying to describe the elephant and trying to reconcile the research work in multiple disciplines becomes even harder. And with biological materials, in particular, we often cannot standardize our starting material, which only adds to the difficulties. But that doesn't stop us from generalizing our results for the press for their science sound bites.

These broad policy pronouncements on the rare occasion we venture out of the laboratory may be far from "Sound Science," (whatever that may be!) and way beyond the strict scientific evaluation of our data

The further from our own field the science, the more difficult it is for us to judge the quality of the work. However, our scientific training does permit us to evaluate the data as given and to see if the conclusions/suppositions, etc. are at least reasonably supported by the data presented. Also, we can often determine if the methods of analysis and the conclusions drawn me appropriate for the questions being asked. But like any good piece of research, a review of the science on any topic will result in our determining which and how many questions remain. So we go on to do more research As scientists, we try to get greater certainty and we give ourselves the time to accomplish this. It is only through the sorting of individual work, its repetition by others, and through careful documentation that science eventually gets to go from hypothesis to fact

As people, who happen to be scientists, we have am own ideas, others would call them personal biases, of what is important, both scientifically and more broadly. Thus, when we come to the hill, we must realize that science, "sound science" as it is often used in the sound bites both in the media and in policy circles, is only a snail part of what a policy maker deals with Even if these is some "sound" science that can be brought to bear on a policy issue, it probably is not enough to actually make a policy decision. And even with a sufficient body of good science, it probably would not lead a group of scientists to come to a single conclusion. These judgements are rarely unanimous.

Thus, the policy maker needs to consider science, and actually does, but rarely does it alone solve any problems. For example, the recent EPA clean airs ruling (ozone and particulates) had/has some disagreement on the science. Folks point to the fact that the science review board did not all agree on whether rules for particulates were needed, and, if so, at what level they should be regulated. But it is also not clear that the vote of the science boards means anything - the folks on the board are "political" appointments that represent various constituencies although they all are also in fact scientists from one field or another. On the other hand - they probably understand the technical issues as well if not better than almost anyone else and their opinion is worthwhile - and EPA did adjust some of the enforcement numbers to take their point of view and insights into account. But the final decision was political, as it should be.

So yes, we need science. We need to explain our data in ways that policy makers can understand it, but we also need to remember that policy makers have many other considerations in coming to a decision. The Appropriations Process. Even after having been in DC for almost a year, the appropriations process remains shrouded in mystery. It is a very idiosyncratic process.

At least with respect to appropriations that went to the Subcommittee on Agriculture, we received a letter from the chairman of the subcommittee thanking us for each letter. Eventually, we received a form letter summarizing our requests, asking us to prioritize our requests, and to then summarize the reasoning behind our support in 7 to 8 lines. The Senator also then decided which items he would push by an additional letter to the subcommittee and committee chairs. After the full committee meets and considers the subcommittee's report and members have voted on this document, which this year has usually occurred just a few days later, then the document is made public. Both the Senate and the House each have one vote, so it is important whom the majority party selects for the conference committee. Until they meet and report a single bill, we will not know what really has happened.

If you should ever need to get something in the appropriations process, you need to start early to develop the member's (member's office) interest in the item. Make sure you have clear information - not too technical - that is well written and focused on the "hill" issues. Then you need to work with the legislative assistant for that issue to get the office=s buy-in and support. If you can help with the language for the letter, that helps move the staffer to actually get the letter in.

If you have a legislative liaison or lobbyist in your organization - make sure he/she is working with you. Again, the staff, particularly with academics, wants to know if this is "one professor pushing his/her own agenda" or does it have institutional support. Good luck - and be prepared for it to take more than one year to get through the system.

Thank you Joe for your contribution to our newsletter!

Remembering Paul Kahn

Paul Kahn, an internationally recognized consultant on food safety and regulatory compliance, died April 21, 1997. He was president of Regu-Tech Associates, Inc., a consulting firm he founded in 1985. He was 73 years old. Kahn received a B.S. degree from NYU and a M.S. degree in microbiology and parasitology from the University of Chicago, where he had been a graduate instructor. He served as an advisor to the U.S. delegation to Codex Alimentarius and was an industrial representative to the USDA group on the Committee on Methods and Analysis. He played a role in the development of regulations to implement the Nutrition Labeling and Education Act of 1992 (NLEA) and coauthored for ABA the first comprehensive instruction manual for use by the food industry in complying with those regulations.

Kahn was a member of a number of national and international professional societies, had often worked on their committees, and had received many honors for his work and contributions. He was a Fellow of the Institute of Food Technologists, and a lifetime member of AACC and a member of Phi Tau Sigma, the food science honor society. Paul was an active member in the Food Laws and Regulations Division; he provided legal guidance and knowledge to the Division. Paul will be missed.

Treasurer's Report
Karen Carson, Treasurer

It is estimated that the Division will end this fiscal year (September 1, 1996-August 31, 1997) with a balance of approximately $25,500 (not including income from courses sponsored by the Division with IFT during the year). Among the activities supported by the Division this past year were the newsletter (the Division's primary expense student representative travel to Annual Meeting, and the new website.

The following budget for September 1997-August 1998 shows increases in expenditures for the newsletter, to maintain the website, and to support student representative travel. The Division is considering putting together a directory of members; this may' result in another item being added to the expenses for the year.

A final Treasurer's report for fiscal year 1996-97 will appear in the next newsletter and will include income from FLR sponsored courses.

Budget-FLR Division, Sept. 1, 1996-Aug. 31, 1997

* Income from courses sponsored by the division are not estimated

** Another item may be added to expenses

This page is maintained by the Food Law and Regulations Division of the Institute of Food Technologists. To submit materials for posting on the Division's home page or to make other comments, contact David Haytowitz

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Last modfied: October 16, 1997