Tuesday, October 27, 2009

Federal Register Rundown, 10/27

The Department of Commerce has requested clearance from the Office of Management and Budget (OMB) under the Paperwork Reduction Act for continued collection of logbooks from fishing vessels in the Northeast region. The PRA is intended to decrease the burden of government paperwork on citizens and streamline the government's use of collected information. (44 U.S.C. 3501). NOAA is required to periodically collect and review logbooks under the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1801-1882) in order to properly manage the fisheries. 74 FR 55183.

The Agency for Toxic Substances and Disease Registry (ATSDR) of the Department of Health and Human Services has announced the final data priority needs for six toxic substances: the listed chemicals include guthion, a pesticide used primarily on fruit; dichloropropenes, a type of insecticide used primarily on nematodes; and diazinon, a widely used insecticide. Cresols are also mentioned (m-Cresol is used in certain herbicides). The announcement prioritizes "[s]tudies of developmental toxicity via oral exposure, with emphasis on neurodevelopmental toxicity" for guthion, and "[d]ose response data for acute-duration oral exposure" along with "[i]mmunotoxicity battery via inhalation exposure" for dichloropropenes. Diazinon research related to "[d]evelopmental toxicity data for oral exposure" is prioritized. This call for research is mandated by the Substance-Specific Applied Research Program (SSARP) under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) as amended by the Superfund Amendments and Reauthorization Act (SARA - 42 U.S.C. 9604(i)). The statute requires that ATSDR, along with the EPA create a list of hazardous pollutants, prepare toxological profiles, and ensure continued research programs on their effects. 74 FR 55240-42.

The USDA has amended the regulations for government procurement of certain products, including food-cleaning products. Anti-microbial cleansers for fruits, vegetables, and meats must now contain at least 53% "biobased" products under 7 C.F.R. 2902.45. "Biobased" products are defined by the USDA as those "determined by the Secretary of Agriculture to be a commercial or industrial product (other than food or feed) that is composed, in whole or in significant part, of biological products or renewable domestic agricultural materials (including plant, animal, and marine materials) or forestry materials." (Departmental Regulation 5023-002) 74 FR 55089-94.

In climate change news, the EPA has proposed to tailor the major source applicability thresholds for greenhouse gas (GHG) emissions under the Clean Air Act (CAA). 74 FR 55292.

Finally, the National Marine Fisheries Service has shut down fishing of Atka mackeral in the Western Aleutian District of the Bering Sea and Aleutian Islands management area (BSAI) (74 FR 55159) and fishing for Pacific ocean perch in the Western and Central Aleutian Districts (74 FR 55160-1). These restrictions are seasonally put in place to prevent the fisheries from exceeding their total allowable catches under Amendment 80 of the BSAI Fishery Management Plan.

Monday, October 26, 2009

Silk advertised as organic; complaint filed against Target

Some of us are lucky enough to have access to local, organic milk, but most people have to rely on grocery store chains for their dairy or alternative-dairy needs. Brands like Silk and Horizon have become the primary sources for organic milk and soymilk for most people, which is why it's concerning that these brands (both owned by Dean Foods WhiteWave division) have shifted a number of their products, including some Silk products, to "all-natural" instead of organic ingredients.

Studies have shown that consumers don't understand what "natural" food labels mean, and tend to believe that "natural" foods are regulated by the government. While the USDA does regulate "natural" labels for meat and poultry, the label on any other food is essentially meaningless. Additionally, consumers who believe that Silk is organic (as some of it is) may not look for the USDA organic seal on every carton they buy.

After WhiteWave shifted to conventional soybeans, Target continued to advertise Silk as organic in mailers to its consumers. As a result, the Cornucopia Institute has filed a complaint with the National Organic Program's (NOP's) Office of Compliance alleging violations of the Organic Foods Production Act (OFPA) and the National Organic Program's regulatory standards. You can read the complaint here.

The complaint cites to OFPA Sec. 2106(a)(1)(A), which states that "a person may sell or label an agricultural product as organically produced only if such product is produced and handled in accordance with this title;" (a)(1)(B), which states that "no person may... affix market information concerning... an agricultural product if such label or information implies, directly or indirectly, that such product is produced or handled using organic methods;" and Section 205.100(c)(1) of the NOP's regulations, which state that an organization that "[k]nowingly sells or labels a product as organic, except in accordance with the Act, shall be subject to a civil penalty of not more than $10,000 per violation."

Target claims that it's investigating the situation. The company still has litigation pending in the Eastern District of Missouri over allegations that it marketed its store brand, Archer Farms, as organic when the brand did not meet USDA standards. (While you need a Pacer subscription to view the original complaint, you can read the plaintiff lawyers' case summary here.)

In the meantime, Silk claims that its soybeans are "responsibly sourced" and touts its partnership with Conservation International. The company's statement on sourcing is not clear as to why some of its beans are organic and others are merely "natural." Unless the company commits to either producing organically or not, confusion will likely continue.