Food & Nutrition

Congress Releases Agriculture-FDA Appropriations Bill Language  

Congress released the Fiscal Year (FY) 2024 Agriculture, Rural Development, Food and Drug Administration, and Related Agencies appropriations bill text, providing $26.3 billion in discretionary funding across the agencies. The bill contains discretionary and mandatory funding for USDA, including $119 billion in mandatory funding for the Supplemental Nutrition Assistance Program (SNAP), $7 billion in discretionary funding to fully fund the Special Supplemental Nutrition Program for Women, Infants, and Children (WIC), and $33 billion in funding for child nutrition programs. The bill also provides $6.7 billion in total and $3.5 billion in discretionary funding for FDA. Notably, the final appropriations language does not include the proposed rider to establish a SNAP-choice pilot program to restrict what foods are allowed for purchase with SNAP benefits. This bill now heads to the Senate as part of a six-bill funding package.

FDA Qualified Health Claim for Yogurt and Reduced Risk of Type 2 Diabetes

FDA announced in a letter of enforcement discretion that the agency does not intend to object to the use of two qualified health claims regarding the consumption of yogurt and reduced risk of type 2 diabetes, provided that these claims are appropriately worded to avoid misleading consumers. FDA concluded that there is some credible evidence supporting a relationship between yogurt intake and reduced risk of type 2 diabetes but the evidence is limited.

SEC Votes to Adopt Climate Disclosure Rule

This week the Securities and Exchange Commission (SEC) voted in a 3-2 vote to adopt the agency’s proposed climate disclosure rule that will require companies above a certain size, including food companies, to disclose certain climate-related information. Since the proposed rule was released two years ago, certain provisions in the proposed rule were scaled back. These include scaled-back reporting requirements for scope 1 and 2 emissions as well as the removal of the requirement for companies to disclose scope 3 emissions. The final rule also exempts many small businesses from climate reporting requirements, whereas before, the proposed rule would have required all publicly traded companies to disclose their direct emissions. The requirement that companies need to state the climate expertise of members on their board of directors was also removed. The rule was posted on the SEC’s website and will take effect 60 days after it’s posted in the Federal Register.

Food Safety

FDA Update on Post-Market Assessment of Food Ingredients and Chemicals

FDA published an updated list of select chemicals currently under the agency’s review to provide more insight on the status of the FDA’s post-market assessments of chemicals in the food supply. The updated list includes select food ingredients, including food and color additives, food contact substances, and contaminants under agency review as of March 4, 2024. The list now includes information about the status of the agency’s post-market assessments, including the risk assessment and management process, since the list was first published in July 2023. The list of select food ingredients and food contact substances currently under FDA review include per-and polyfluorinated substances (PFAS), bisphenol A (BPA), brominated-vegetable-oil (BVO), partially hydrogenated oil (PHO), red dye 3, and titanium dioxide, among others.

FDA Releases Resources for Sesame as Major Food Allergen for Retailers 

FDA released a series of resources for retail establishments to understand how the addition of sesame as the 9th major food allergen impacts establishments. The new factsheet and employee poster highlight new labeling requirements for major food allergens for packaged foods, bulk foods, as well as requirements for employee training. Foods packaged on or after January 1, 2023, and sold within retail food establishments are required to list the ingredient sesame on the label as a major food allergen. 

New York Introduces Bill to Ban Seven Food Additives in the State 

The New York State legislature reintroduced a bill in both the Assembly and Senate which would prohibit the manufacture, sale, and distribution of food products that contain seven food additives, including azodicarbonamide, brominated vegetable oil (BVO), butylated hydroxyanisole (BHA), potassium bromate, propylparaben, red dye 3, and titanium dioxide in the state. The legislature also introduced a bill in the Assembly and Senate that would establish requirements for the reporting of generally recognized as safe (GRAS) substances, including food additives. This bill would require that companies notify the state if they self-determine substances such as food additives as GRAS. These bills follow the enactment of California bill AB 418, which bans the use of four of these food additives in the state beginning January 1, 2027.

Agriculture

USDA Final Rule to Promote Competition Under Packers and Stockyards Act

USDA's Agricultural Marketing Service (AMS) published the final rule, Inclusive Competition and Market Integrity Under the Packers and Stockyards Act. The final rule establishes standards under the Packers and Stockyards Act, prohibiting practices relating to discrimination, retaliation, and deception in contracting to promote inclusive competition and market integrity in the livestock, meats, poultry, and live poultry markets. The final rule is part of a suite of Packers and Stockyards Act rules proposed by the agency to increase competition in agricultural markets, lower grocery costs for consumers, and strengthen local and regional food systems. This final supports President Biden’s Executive Order on Promoting Competition in the American Economy. 

USDA Awards School Districts Under Healthy Meals Incentives Initiative

USDA announced that four school districts in Alaska, Iowa, Maine, and Ohio received awards for their efforts to improve the nutritional quality of school meals served among the district. These school districts were announced as the first winners of the agency’s Healthy Meals Incentives Recognition Awards as part of the Healthy Meals Incentives Initiative (HMI). USDA launched these recognition awards in July 2023 to celebrate School Food Authorities that have made significant improvements to the nutritional quality of their school meals that are consistent with the 2020-2025 Dietary Guidelines for Americans. The HMI, launched in June 2022, aims to improve the nutritional quality of school meals through food systems transformation and school food authority recognition and technical assistance. This initiative is part of the Biden Administration’s actions toward implementing the White House National Strategy on Hunger, Nutrition, and Health.

Global

German Updated Dietary Guidelines Recommend More Plant-Based Foods

The German Nutrition Society (DGE) released updated dietary guidelines to align with the updated 2023 Nordic Nutrition Recommendations, which recommends a diet primarily of plant-based foods, such as fruits, vegetables, legumes, nuts, seeds, grains, and oils. The updated dietary guidelines include a new food group recommendation for legumes, a reduction in the recommended intake of milk and dairy products from three to two servings per day, and an increased emphasis on consuming a variety of plant-based food groups, such as fruits, vegetables, and whole grains. The guidelines recommend that German consumers consume a ‘healthy, environmentally friendly’ diet comprising 75% plant-based and 25% animal-based products. 

EU Environment Committee Adopts Position on Food Waste Framework Directive

The European Parliament and Council of the European Union announced both parties have reached a provisional agreement on the Packaging and Packaging Waste Regulation (PPWR) in the EU. The draft proposal would require all packaging to be recyclable, prohibit the manufacture, sale, and distribution of food packaging that contain PFAS above certain thresholds, prohibit single-use plastic packaging for food and beverages, and set various restrictions on plastic packaging for Member States. This provisional agreement awaits formal adoption by the European Parliament and European Council before these requirements enter into force. 

Fun Fact:

Figs are one of the oldest known fruits in the world, dating back to 9400–9200 BC.