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Weekly Newsletter | November 30, 2023

Food & Nutrition


FDA Announces Namandjé Bumpus as New Principal Deputy Commissioner

FDA Commissioner Robert Califf released a statement announcing Namandjé Bumpus as the agency’s next Principal Deputy Commissioner. Currently serving as FDA’s Chief Scientist, Bumpus will assume the role following the announcement of Janet Woodcock’s retirement from the position in early 2024. Bumpus will work closely with FDA leadership to develop, advance, and implement key public health initiatives and oversee the agency's day-to-day functions, including the reorganization proposal for a unified Human Foods Program. Bumpus previously served as the E.K. Marshall and Thomas H. Maren Professor and chair of the Department of Pharmacology and Molecular Sciences at the Johns Hopkins University School of Medicine.


FDA Publishes Small Entity Compliance Guide to Amend Standards for Yogurt

FDA published a small entity compliance guide (SECG) to explain the actions manufacturers must take to comply with recent changes made to the final rule, Milk and Cream Products and Yogurt Products; Final Rule To Revoke the Standards for Lowfat Yogurt and Nonfat Yogurt and To Amend the Standard for Yogurt. The final rule, published in June 2021 and modified in December 2022 and April 2023, amends and modernizes the standard of identity for yogurt by amending the yogurt standard acidity requirement to require yogurt products to have a pH of 4.6 or lower. The SECG provides guidance by restating final rule provisions in a question-and-answer format, addressing changes for yogurt products, describing "yogurt" according to the rule, specifying pH requirements, outlining milkfat and milk solids not fat requirements, and clarifying distinctions in requirements for reduced fat, lowfat, or nonfat yogurt, as well as permissible sweeteners. Manufacturers must comply with the rule for products labeled on or after January 1, 2024.


Study Suggests UPFs Not More Palatable Than Processed or Unprocessed Foods

A study published in Appetite examined food energy density, level of processing, and carbohydrate-to-fat ratio of different food types to assess whether calories and level of processing are key factors influencing one’s liking and desire for food. Researchers suggest that ultra-processed foods (UPFs), according to the NOVA classification system, were viewed as no more appealing than less processed foods. The study found that foods with higher energy density and higher levels of processing were not rated as better tasting or more desirable than processed or unprocessed foods. However, the study found that taste intensity, comprising combined sweetness, saltiness, and flavor intensity ratings, was greater for UPFs than unprocessed foods. The study challenges the assumption that UPFs are hyper-palatable and argues that they are no more palatable than unprocessed foods.

Food Safety

FDA Publishes New Food Traceability Final Rule FAQs and Additional Tools 

FDA published new frequently asked questions (FAQs) and additional tools to inform stakeholders and help covered entities come into compliance with the Food Safety Modernization Act (FSMA) final rule, Requirements for Additional Traceability Records for Certain Foods. The updated tools include a new webpage about traceability lot codes, a video highlighting technological components of product tracing systems, examples of a traceability plan, new supply chain examples for deli salads, and information on how to apply for a waiver or exemption. The compliance date for the rule’s recordkeeping requirements is January 20, 2026.


Senate Reintroduces Ensuring Safe and Toxic-Free Foods Act

Senators Edward Markey (D-MA) and Cory Booker (D-NJ) introduced the Ensuring Safe and Toxic-Free Foods Act. The bill would direct FDA to strengthen the Substances Generally Recognized as Safe (GRAS) final rule to create an Office of Food Chemical Safety, Dietary Supplements, and Innovation within the FDA to reassess whether existing GRAS substances are safe to consume. The legislation would also prohibit manufacturers from designating substances as safe without supplying proper notice, require safety information be publicly available on the FDA website and subject to a 90-day public review period, and prohibit people with conflicts of interest from serving as experts in reviewing and evaluating scientific data regarding GRAS designations, among others.

Agriculture


USDA Invests to Strengthen Agricultural Supply Chains and Lower Food Costs

USDA announced an investment of nearly $196 million in 185 projects to strengthen American food and agriculture supply chains, expand markets for agricultural producers, and lower food costs. The investment builds on prior investments made under President Biden’s Investing in America agenda to increase competition and lower costs by enhancing independent meat and poultry and other diversified food processing capacity, and strengthening local and regional food systems. The investment was made as part of the inaugural meeting of the Biden Administration's White House Council on Supply Chain Resilience to help lower costs and increase investment in U.S. supply chains. 


USDA Publishes 2023 Strategy to Address AMR to Promote Food Safety 

USDA published the agency's Strategy to Address Antimicrobial Resistance 2023. The Strategy identifies priority areas in the food and agriculture sector that will contribute to accelerating the understanding of and efforts to mitigate antimicrobial resistance (AMR) risk. The Strategy is organized around three areas of focus and 10 priorities for collaborative action by USDA and its partners, including 1) reducing disease and pathogen transmission, 2) improving the scientific knowledge base on AMR risk, and 3) improving communication and collaboration within USDA and with national, regional, and global partners to address AMR risk.

Global


Canada Opens Public Consultation on Proposed Food Standard Regulations

Health Canada and the Canadian Food Inspection Agency opened public consultations on a regulatory package to modernize Canada’s Food and Drug Regulations (FDR), seeking feedback to modernize the regulatory frameworks for food compositional standards, microbiological criteria, methods of analysis, and food additives. There are several existing regulations that are being proposed for revision, which include a proposal to update nutrition labeling and a proposal to modernize the lists of permitted food additives. Canada is making these proposed regulations to improve transparency and align with new and emerging science, technology, market innovation, and health risks. The consultation is accepting comments until February 2, 2024. 


FSANZ Approves Proposal to Define Added Sugars in Food Claims

Food Standards Australia New Zealand (FSANZ) approved its September 2023 call for comment on a proposal to clarify and define added sugars for the purposes of making ‘no added sugar(s)’ nutrition content claims and to ensure these claims align with dietary guidelines in the country. In the proposal, the country is not permitted to make 'no added sugar(s)' claims when a food is an 'added sugar' or contains an 'added sugar' as an added ingredient, and a food is not allowed to display the ‘no added sugar(s)’ claim if it contains more than 10.0 g /100 g for solid food or 7.5 g /100 mL for liquid food of total sugars. The proposal will also provide information to consumers to make choices aligned with dietary guideline recommendations regarding added sugars.


Fun Fact: The world's largest fruit is the jackfruit.

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