Regulatory Hot Topics – July 2019

Posted by Ashley Brooks on 7/25/2019

What’s going on in the ever-changing world of regulatory? Our resident regulatory guru, Ashley Brooks, is here to help! Here are some of the most pressing hot topics in regulatory that food companies should be paying attention to.

FDA to Expedite Rules for CBD

The U.S. Food and Drug Administration plans to speed up its effort to create regulations for CBD and hopes to publish a report on its progress by early fall. Amy Abernathy, FDA’s Principal Deputy Commissioner, commented in a series of tweets that the agency is “expediting its work to address the many questions about cannabidiol. This is an important national issue with public health impact, and an important topic for American hemp farmers and many other stakeholders.”

Prop 65: Reproductive Toxins Calculation Proposal

On July 2, the California Office of Environmental Health Hazard Assessment (OEHHA) modified a proposed regulation on calculating exposure to substances listed under Prop 65 as reproductive toxins. The amendment will allow the concentration of a listed chemical to be based on the finished product for sale to the end consumer, even if the product contains ingredients sourced from different manufacturers or producers.

Under the original proposal, noted in October 2018, companies would have not been able to calculate exposure by averaging multiple samples of food from different manufacturers or producers.

New Pesticide Residue Limits

On June 28 and July 1, 2019, the United States Environmental Protection Agency (EPA) introduced new limits on the following food pesticides:
• Ethiprole – tolerance residues revised for “rice, grain” and “tea, dried” food categories. Plus, an additional limit has been added for “coffee, green bean”
• Fluopyram – tolerance residues added for “cranberry”, “lentil, dry seed”, and “pea, dry seed”
• Fungicides metentrifluconazole and valifenalate – new restrictions were added for multiple food commodities (vegetables, fruit, meat and meat products etc.)
Changes are applicable from the date of publication. Check out the new pesticide tolerances on the Federal Register (FR)

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