NATIONAL MEAT
ASSOCIATION h 1970
Broadway, Suite 825, Oakland, CA 94612
(510) 763-1533 Fax (510) 763-6186 h Email Address: [email protected] h http://www.nmaonline.org
Edited by Kiran Kernellu
July 14, 2003
NMA’s Executive Director Rosemary Mucklow, who attended a meeting
hosted by the International Beef Industry Congress (IBIC) last Friday in
Calgary, Canada, said that she agrees with USDA Secretary Ann Veneman about the
safety of Canadian beef. Veneman said last Thursday that she’s convinced
Canadian beef is safe but would give no time
frame for reopening the border. (BSE has never been identified in muscle
tissue.)
The Friday IBIC meeting in
Calgary provided an information-packed session with leading speakers about beef
issues, many of which are covered in great depth at the International Livestock
Conference (ILC) “think tank” meeting held annually in conjunction with the
Houston Livestock Show in February.
Notably, there were leading experts from Australia, Mexico, Canada and
the U.S. in panels ably chaired by Dr. Gary Smith of Colorado State
University. BSE, and the beef ban, were
never far from the main focus. Speakers like Dennis McGivern of Sparks
Commodities, Richard McDonald from Texas Cattle Feeders, and Phil Seng from
U.S. Meat Export Federation (USMEF) provided insightful observations. Dr.
Graeme Clark of AgCanada stood in for Dr. Brian Evans who, understandably, was
called to government meetings on BSE. Mr. Dennis Laycraft, CEO of Canadian Cattlemen’s
Association, spoke clearly about the Canadian industry’s cooperative efforts to
seek an early resolution to reopen the border.
Most notable, the Canadian
livestock and meat industry, which is under huge stress at this time, turned
out with about 300 attendees, and Rosemary noted in particular that there were
many women in attendance. She made a specific recommendation that they attend
the February IBIC meetings in Houston where the participatory format is
inclusive of everyone’s views.
Finally, a large delegation of
U.S. attendees, including Dan Gattis who runs the Houston Livestock Show and is
the chairman of the International Stockmen’s Educational Foundation, was a huge
vote of moral support for our sister industry north of the border during this
perilous time. Everyone enjoyed a
wonderful roast beef dinner on Friday evening, even as the Canadian beef market
so dependant on its trade relationship with the U.S., who is its largest
customer, was in the tank. More information about the meeting and the Congress
is at:
Go
to http://www.fsis.usda.gov/oa/programs/vision071003.htm
to view “Enhancing Public Health: Strategies for the Future.”
Page 2
The Food and Drug Administration (FDA) published a final rule in the Federal Register on Friday, July 11, 2003 entitled, “Food Labeling: Trans Fatty Acids in Nutrition Labeling, Nutrient Content Claims, and Health Claims.” The rule, effective January 1, 2006, amends FDA regulations on nutrition labeling to require that trans fatty acids be declared in the nutrition label of conventional foods and dietary supplements on a separate line immediately under the line for the declaration of saturated fatty acids. View the rule on the Web at:
http://a257.g.akamaitech.net/7/257/2422/14mar20010800/edocket.access.gpo.gov/2003/03-17525.htm.
The FDA also published an advanced notice of proposed rulemaking in the Federal Register on Friday entitled, “Food Labeling: Trans Fatty Acids in Nutrition Labeling; Consumer Research to Consider Nutrient Content and Health Claims and Possible Footnote or Disclosure Statements.” The FDA is issuing this notice “to solicit information and data that potentially could be used to establish new nutrient content claims about trans fatty acids (trans fat); to establish qualifying criteria for trans fat in current nutrient content claims for saturated fatty acids (saturated fat) and cholesterol, lean and extra lean claims, and health claims that contain a message about cholesterol-raising lipids; and, in addition, to establish disclosure and disqualifying criteria to help consumers make heart-healthy food choices.” View the notice at:
http://a257.g.akamaitech.net/7/257/2422/14mar20010800/edocket.access.gpo.gov/2003/03-17526.htm.
Additionally, FDA is requesting comments on whether it should consider statements about trans fat, either alone or in combination with saturated fat and cholesterol, as a footnote in the Nutrition Facts panel or as a disclosure statement in conjunction with claims to enhance consumers’ understanding about such cholesterol-raising lipids and how to use the information to make healthy food choices. Information and data obtained from comments and from consumer studies that will be conducted by FDA also may be used to help draft a proposed rule that would establish criteria for certain nutrient content or health claims or require the use of a footnote, or other labeling approach, about one or more cholesterol-raising lipids in the Nutrition Facts panel to assist consumers in maintaining healthy dietary practices.
Submit written or electronic comments by October 9, 2003 to Division of Dockets Management (HFA-305), Food and Drug Administration, 5630 Fishers Lane, Rm. 1061, Rockville, MD 20852 or http://www.fda.gov/dockets/ecomments.
Contact Julie Schrimpf, Center for Food Safety and Applied Nutrition (HFS-832), Food and Drug Administration, 5100 Paint Branch Pkwy, College Park, MD 20740, (301) 436-2373, for more information on either notice.
Lean Trimmings and
Herd on the Hill are offered electronically. If you’d like to receive
the newsletter via e-mail, please contact Kiran Kernellu at [email protected] or 510-763-1533.
Receive the latest news every Monday afternoon in your inbox instead of waiting
for it in the mail!
NMA reports news items that are of special interest to
its readers, and provides information that they may want to be able to
access. Below are links to the Federal
Register, AMS, APHIS, and FSIS, respectively:
http://www.access.gpo.gov/su_docs/aces/aces140.html
NMA has available two videotapes on animal handling,
“Animal Stunning for Stunners,” and “Animal Handling in Meat Plants.” NMA
members may purchase these videos at a discounted price. Please contact Julie
Ramsey at [email protected]
or 510-763-1533 for more information.
NMA has available information on the purchases for
Fiscal Year 2003. NMA members contact Kiran Kernellu at [email protected] or 510-763-1533
for a copy.
Page 3
BSE UPDATE
The
White House seems to have assumed management of the entire BSE issue. Cattle
Buyers Weekly (CBW) noted today that observers said as much after
high-level meetings at the White House last week. In fact, Japan’s Minister of
Agriculture met with Agriculture Secretary Ann Veneman and Canadian Agriculture
Minister Lyle Vanclief over the weekend.
CBW
also reported that the U.S. might initially reopen the Canadian border to
boneless boxed beef, but continue to ban live ruminants. The reconciliation of
the differing definitions of SRMs has not yet been announced.
FEED BAN VIOLATION
FDA
announced on Friday the filing of a Consent Decree of Permanent Injunction in
the U.S. District Court of the Western District in Tacoma, WA against X-Cel,
Feeds, Inc. of Tacoma, WA and some of its individual officers for violations of
the Food, Drug and Cosmetic Act. According to an FDA press release, both the
company and its officers admitted liability for introducing adulterated and
misbranded animal feeds into interstate commerce in the consent decree. The
company and its officers also agreed to implement measures to correct the
violations, under FDA’s supervision, in the decree. Specifically, X-Cel was
found to be violative of the 1997 Animal Feed Rule, an anti-BSE measure.
SAFEWAY ADDRESSES COOL BY LETTER
Safeway,
Inc., the fourth largest grocer in the nation, has notified its suppliers by
letter that it will expect to modify its vendor agreements for the next fiscal
year so that it can meet COOL requirements. The requested steps include:
sticker or stamp all covered commodities with COOL information; maintain
records and a verifiable audit trail for COOL information; indemnify Safeway
from fines and other costs associated with suppliers’ COOL information, or lack
thereof; segregate all covered commodities until delivered to Safeway, and
maintain documentation as to the efficacy of this segregation; and provide
Safeway with audit results from USDA and any third parties evaluating the
systems in place to assure accuracy of COOL information. Safeway has also asked
that all suppliers of covered commodities under COOL provide a letter of intent
by September 30, 2003 detailing compliance with the request. NMA members may
contact Kiran Kernellu at 510-763-1533 or [email protected]
for a copy of the letter.
FARMLAND
NATIONAL BEEF
CBW reported today that U.S.
Premium Beef (USPB) may purchase a 71% share in Farmland National Beef (FNB). A
bankruptcy judge must first approve the sale of Farmland Industries’ share in
FNB at a hearing scheduled for tomorrow. Judge Jerry Venters has approved
USPB’s $232 M offer, and creditor groups have also agreed to the terms. There
have been no competing bids. If USPB’s is the winning bid, FNB will continue
its operations without interruption.
UPCOMING
NMA SEMINARS
July 17-18 - Advanced HACCP --
Los Angeles, CA
August 20 – Regulatory Update
& Issues Seminar – Lake Geneva, WI
August 21-23 - Basic HACCP in Spanish
-- Los Angeles, CA
September 18-20 - Basic
HACCP --
San Francisco, CA
October 1-2 - Beyond Basics -- College Station, TX
Contact NMA at (510)
763-1533 for more information and registration materials.
ALL MEMBERS ARE INVITED TO
JOIN US FOR NMA’s 2003 SUMMER CONFERENCE and REGULATORY UPDATE &
ISSUES SEMINAR!
AUGUST 20-23, 2003
GRAND GENEVA RESORT &
SPA, LAKE GENEVA, WI
For more information, contact NMA at
510-763-1533 or [email protected]
NMA’S 2003 SUMMER CONFERENCE
All members are invited to attend NMA’s 2003 Summer
Conference! Download a copy of the brochure, which includes a registration
form, for the Conference at: http://www.nmaonline.org/files/brochure-word.pdf.
Download a registration form for the Regulatory Issues & Update Seminar at:
http://www.nmaonline.org/files/Regulatory
Update _ Issues Seminar-2.pdf. Contact us at [email protected] or
510-763-1533 to receive materials for both events by fax, e-mail or mail.
Page 4
NMA SETS THE RECORD STRAIGHT: INDUSTRY EXCEEDS STANDARDS
NMA
Communications Manager Kiran Kernellu recently responded to a reader letter
published in the June 10, 2003 Oakland Tribune that disparaged the
federal government and the meat industry in relation to the management of BSE.
An abridged version of her response was published in the July 3, 2003 Tribune
as follows:
“RE. THE JUNE 10 letter, ‘Don’t go mad, go meatless:’
Contrary to the author’s presumptions, the U.S. ban on Canadian ruminants is a
clear testament to the efficacy of safeguards against BSE (mad cow disease).
“The author feels that the testing of 20,000 cattle
annually is “too little.” In fact, the U.S. doubles the testing recommended by
the Office International des Epizooties -- the world expert on BSE and the
standard setting organization for animal health for 162 member nations.
“Under the international standard, a BSE-free country
like the United States would be required to test only 433 head of cattle per
year. The USDA is now testing 41 times that amount.
“OIE guidelines also require a risk analysis and
management strategy, an education and awareness program and compulsory
notification requirements in order for a country to claim that it is BSE free.
The United States exceeds these criteria in all categories.
“In addition, there is no evidence to show that
consumption of meat from an animal that hasn’t developed BSE is a risk. There
is no evidence that shows that animals that young can develop the disease at
all.
“I take great pride in
representing American families working in one of the oldest industries in our
nation. I’m proud to work daily in an industry that strives to improve upon
innovations in food safety and produces the safest meat possible for our
families at home and abroad.” The full text of the letter is available at: http://www.nmaonline.org./
NATIONAL MEAT ASSOCIATION
NMA - East: 1400 - 16th St. N.W., Suite 400, Washington D.C. 20036 Ph. (202)
667-2108
NMA - West: 1970 Broadway, Suite 825, Oakland, CA 94612 Ph. (510) 763-1533 Fax (510) 763-6186
Edited by Kiran Kernellu
July 14, 2003
USDA’S
FOOD SAFETY VISION
Page 2
On Thursday the FDA unveiled
new guidelines for food product labels that would allow for government-approved
claims about health benefits even if they have not been decisively proven. In
an industry driven by science-based governance, the move is likely to be
contentious. Previously, FDA hadn’t allowed food producers to make health
claims about products unless the Agency decided they had been conclusively
confirmed.
“This new initiative will
better protect consumers from making uninformed or misinformed choices about
their diet and nutrition, by giving consumers better information about the
health consequences of those choices,” McClellan stated in a press release.
“This is aimed at making companies want to develop healthy products and to do
the science that supports their claims,” McClellan said in a Washington Post
article.
Under the new rules, first
outlined in December (see the December 30, 2002 edition of Herd on the Hill),
language for “qualified” claims will vary depending on how much scientific support
stands behind them. A panel of experts will evaluate proposed claims, and will
start reviewing petitions Sept. 1.
The FDA will consider claims
in four categories with grades of A, B, C or D. An A means there is
“significant scientific agreement” on the claim, while D means there is “little
scientific evidence supporting this claim.” Each claim will have a 30-day
public comment period in addition to the assessment of the accompanying
authenticating science.
The onus is on the food
industry to make legitimate claims about products. “The FDA review process for
making qualified claims, when combined with our strong enforcement work, will
reward companies that make healthier products while more aggressively enforcing
the law against companies that appeal to consumers through false and misleading
health claims,” McClellan said in a press release.
Read more about this issue
on FDA’s website at: http://www.fda.gov/oc/mcclellan/chbn.html.
Last Tuesday, the 8th U.S. Circuit Court of Appeals in St. Louis, MO ruled
that the beef checkoff is unconstitutional. The Court found that the beef
checkoff program violated the First Amendment rights of cattle producers
because it forced them to contribute to speech that they do not support, thus
depriving them of their right to free speech. “We conclude that the
government’s interest in protecting the welfare of the beef industry by
compelling all beef producers and importers to pay for generic beef advertising
is not sufficiently substantial to justify the infringement on appellees’ First
Amendment free speech rights,” said Chief Judge James B. Loken and Judges
Theodore McMillan and George B. Flagg in the opinion. Further, “Unlike fees
charged for the use of recreational facilities or special taxes imposed on
nonessential consumer products, the mandatory assessments at issue in the
present case are directly linked to appellees’ source of livelihood, and they
have no meaningful opportunity to avoid these assessments.” The appeals court
also noted that the program is a type of “government interference with private
speech.”
The appeals court upheld the ruling of U.S. District
Judge Charles B. Kornmann in South Dakota made last year. Markedly, the appeals
court noted that the beef checkoff program is almost identical to an assessment
imposed on mushroom growers that the Supreme Court held to be unconstitutional
in 2001. The Supreme Court did uphold a checkoff program for fruit trees,
however. Appeals courts in Denver, CO and Philadelphia, PA have upheld the beef
checkoff program, so in all probability the Supreme Court will be asked to
decide the issue. “This will almost certainly wind up in the Supreme Court,”
said Monte Reese, a spokesperson for the Cattlemen’s Beef Promotion and
Research Board in Centennial, CO, in the National Chicken Council Washington
Report. “When you have conflicting decisions from circuit courts, it’s
almost a given that the Supreme Court will ultimately have to decide.”
The appeals court said the
program will continue in its seven-state territory until the court issues a
final order, but its ruling is that the collection of fees should cease. In a statement, Agriculture Secretary Ann
Veneman expressed disappointment in the ruling. “We are consulting with the
U.S. Department of Justice to determine the next steps regarding this matter.”
She added, “USDA regards such programs when properly administered as effective
tools for market enhancement.”