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Author: admin, 09.04.2016. Category: Gardening

The majority of a $50m increase in Food and Drug Administration (FDA) funding for fiscal 2012 will go toward implementing the Food Safety Modernization Act, after a lobbying group backed by several food industry trade associations played a key role in influencing negotiations. The Alliance for a Stronger FDA – which is backed by industry groups including the Grocery Manufacturers Association, the American Frozen Foods Institute, and the Snack Food Association – was a strong proponent of increased funds for the agency, which were finally agreed in an agriculture appropriations bill passed last month.The FDA is responsible for the safety of about 80% of the US food supply. Uncertainty over funding provisions for the Food Safety Modernization Act has loomed over the bill, despite repeated bipartisan calls from industry and consumer groups – as well as the FDA itself – for adequate funding.The Consumer Federation of America and Pew Food Safety Campaign also welcomed the funding increase.
Get FREE access to authoritative breaking news, videos, podcasts, webinars and white papers. Good news if they use the money to stop practices such as the torture of hens before slaughter, or the spraying of raw factory manure on produce fields. Almonds deliver nutrition, distinctive taste and versatility, making them a top choice when it comes to new product development. Home » Featured » Is It Food Poisoning or the Flu?Is It Food Poisoning or the Flu? At the same time, with the absence of headache and muscle pain, food poisoning typically results in abdominal pain that can be quite severe in addition to the common signs of nausea, vomiting, fever, and fatigue. When it comes to mental health affecting youth, there are many myths and misconceptions for parents and kids to overcome.
As an adult, your doctor or dentist has probably told you that you need to get certain checkups regularly to maintain optimal health.
We've all seen parsley added to a dish—it's particularly popular in more upscale restaurants where the appearance of food is taken very seriously.
Every year Americans spend literally billions of dollars on weight loss supplements, diet books, medications, and exercise equipment.
We spend a good deal of our time as friends and parents worrying about the well-being of others, without paying too much mind about our own wellness in many cases. It's one of the last things we do before we go to bed is put on pajamas (or pyjamas, depending on your preferred spelling). Today, there are few health problems capturing the attention of the American people like diabetes, and particularly type 2 diabetes. The information on this site is not intended or implied to be a substitute for professional medical advice, diagnosis or treatment. Food safety in China has come under growing scrutiny in recent years, with a significant number of scandals brought to global attention.
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FDA has new authorities to inspect food-producing facilities and enforce safeguards mandated by the Food Safety Modernization Act.
What lends the new law additional importance is that it provides FDA with new enforcement and inspection authorities. Foodborne outbreaks are a significant public health burden that increases the cost of the nation’s health care and, as Taylor has emphasized, many of them can be prevented. Expanded administrative detention: The law gives FDA more authority to prevent the release into the marketplace of adulterated or misbranded food, including potentially harmful food. Food adulteration can be caused by many factors, including bacterial or chemical contamination, filth or decomposition, the presence of an unsafe food additive, being prepared, packed or held under insanitary conditions, and leaving valuable materials out of the product or substituting other, inferior materials.
Misbranding food can be caused by ways that include not declaring certain ingredients or major food allergens, and not complying with nutrition information content on labeling. This tool allows FDA to effectively remove the food from distribution channels while the agency pursues legal or other enforcement actions. Authority to deny entry: Under FSMA, if a food producer in another country does not permit FDA to inspect its facility, FDA can refuse to allow food from that facility into the United States.
The new law also strengthens FDA’s enforcement tools in the event that potentially unsafe food has already entered the marketplace.
Suspension of registration: The law authorizes FDA to suspend the registration of a facility under certain circumstances if the food it manufactured, processed, packed, received or held presents a serious health hazard. FDA is also directed by the law to upgrade its ability to track both domestic and imported foods.
The new FDA authorities have been widely acclaimed by consumer advocates as well as industry.
Kathy Means, vice president of the Produce Marketing Association, said that members of her organization “regard FSMA as a law that takes a good, comprehensive look at food safety.
This article appears on FDA's Consumer Updates page, which features the latest on all FDA-regulated products.
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It was initially estimated that the Food Safety Modernization Act, which was signed into law on January 4 this year, would cost about $1.4bn over five years to implement. Project director for the Pew Health Group’s Food Safety Campaign Sandra Eskin said: “This critical funding measure will shift the agency from primarily reacting to foodborne contamination incidents to preventing these dangerous outbreaks. Bad news if they use the money to shut down clean, small producers and Amish dairy farmers.


It only takes a 4 to 6-hour period after eating tainted food to fall ill and start experiencing the violent symptoms if your food has been contaminated with a type of bacteria, such as E. It’s vital to remain hydrated with water and herbal tea as you battle food poisoning.
Food borne illnesses caused by harmful bacteria can happen when people eat food that has not been cooked or prepared properly.
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On May 23, Hunan provincial government held a conference on the implementation of the PRC Food Safety Law and PRC Agricultural Product Quality Safety Law.
By doing so the agricultural product quality safety will be further improved.PRC Food Safety Law to Go into Effect on June 1. Food safety experts from the GFSI board of directors, leading food retail and manufacturing companies, UNIDO and other institutions will also take the stage. In 2004 formula milk tainted with melamine caused the death of at least 13 babies; in 2008 a further six babies died in a similar incident, with 300,000 more hospitalised.
A facility with a suspended registration will not be able to legally offer food for sale in the United States until FDA lifts the suspension.
Under the new law, the agency can order a recall if the company does not cease distribution itself and recall its product.
To do this, FDA will establish pilot projects to test how to rapidly identify recipients of food—this is critical information FDA needs to rapidly find the source of a foodborne outbreak and to understand its scope.
In late April, the Standing Committee of the National People’s Congress passed a new version of China’s Food Safety Law that will go into force on October 1. Dehydration is dangerous and lowers your immune system, weakening it’s ability to fight of bacteria and viruses. In 2003, several ham producers were found to have soaked their hams in the pesticide Dichlorvos, which is poisonous.
If there is reason to believe that the food is adulterated or misbranded and that use of the product could result in serious illness or death, FDA can order that distribution be halted and all implicated products recalled. Right after the law was unveiled, the media quickly touted its severity and harshness, including a first-time provision for personal penalties to punish serious violations such as manufacturing and trading of foods containing drugs, using recycled food as food raw materials and more.The administrative fines for these serious violations jumped from five to ten times the value of the commodity to 15 to 30 times. Although the stomach flu can onset with similar symptoms of nausea and vomiting, fever, fatigue, loss of appetite, and diarrhea, other symptoms, like headache and muscle ache are common with the flu and not food poisoning. Earlier this year, smuggled frozen meat, some of it up to 40 years old, was seized by customs officials from boats attempting to sell the meat into China.
Additionally, FDA has launched a new search engine where consumers can quickly and easily check on new and recent recalls.
As the country’s international trade grows, attempts to crack down on the infamously high levels of food fraud, adulteration, and dangerously lax levels of monitoring over food production are growing.The new food safety law aims to clean up China’s entire food supply – banning highly toxic pesticides, regulating food labelling and increasing punishments for those who violate China’s existing laws.
Commentators cited stiffer penalties on food traders and producers, more stringent requirements on food businesses, and the addition of many new provisions. There is a new burden of responsibility placed on everyone who handles food, throughout the chain, including farms, processors, retailers and food stalls. These include not only general requirements applicable to food and food additives, but also specific requirements for food-related products, including food packaging materials and other product categories such as genetically modified foods, health foods, infant and young children formula and formulated food for special medical purposes. Food producers and traders are also required to hire food safety management personnel along with the professional technical staff. Of course, with all the new requirements in place, the cost of running a food business will rise.There are two main ways for a foreign food manufacturer to sell to Chinese consumers. The first is operating a manufacturing facility in China and the second is exporting to China. In the former situation, the Chinese subsidiary is considered a “food producer” under the Food Safety Law just like any other domestic Chinese food producer. Although the revised law does not particularly target multinational companies, the latest regulatory climate in China suggests that foreign companies need to take extra care in protecting their brands and reputations in China. The new law requires foreign food producers to ensure their food products comply with all applicable Chinese laws and regulations.Accordingly, companies exporting food to China must be ready for a high level of scrutiny.
The potential for severe consequences is real and the media is not shy about splashing food safety stories on the front page. Since the first Food Hygiene Law adopted by the National People’s Congress in 1982, there have been four generations of the Food Safety Law. Nevertheless, if we compare the 1982 Food Hygiene Law to the most recent Food Safety Law, one sees that the essential safety concepts remain the same. For example, many point to the 2008 infant formula melamine scandal as a trigger for the adoption of the 2009 Food Safety Law, but it was illegal to adulterate food well before 2009.
Specifically, two articles of the 1982 law prohibited food products that were harmful to health and, in fact, it was explicitly required that infant formula meet applicable standards set by the Ministry of Health  (consolidated into the National Health and Family Planning Commission in 2013).The 154 articles in the new Food Safety Law cannot and should not be a panacea to all of China’s food safety problems. Like any evolving regulatory system, there will be bumps in the road, but there is no question that China sees the development of its food regulatory regime as one of its top priorities, and the authorities put considerable effort into improving the safe production, distribution, and consumption of food.
For example, under the 2009 law, the General Administration of Quality Supervision, Inspection and Quarantine (AQSIQ), the State Administration of Industry and Commerce (SAIC) and the State Food and Drug Administration (SFDA) all had a role in keeping food safe.In response to many complaints regarding the inefficiency and inconsistencies arising from different government agencies overseeing food safety in China, the establishment of the CFDA in 2013 marked a new era for the Chinese food regulatory regime.


Largely built on SFDA, CFDA was created to be the primary government agency in charge of food safety matters during the life of a food product – production, distribution and consumption.
The latest version of the law incorporates all of the restructuring details of the regulatory agencies and again confirms the central role assumed by CFDA.
For example, under Article 5 of the 2015 Food Safety Law, CFDA becomes the primary government authority responsible for supervising the production and trading of food products and no longer shares supervisory powers with AQSIQ and SAIC.While there are many potential benefits to this new regime, enforcement problems remain. For example, at the county level, the new law shifts many responsibilities from local subsidiaries of AQSIQ and SAIC to local FDA offices, as CFDA has been working to bring all food-related issues under its jurisdiction.
Zhang is a very well known professional consumer, also known as a professional fraud fighter in the area in which he lives.
One day, he entered the “Sunshine Market” looking for his “targets.” Sunshine Market sells imported foods and is known for offering a range of products. After an hour, he went to the checkout counter with 75 boxes of imported products.A week later, a local FDA office received several claims against the Sunshine Market.
Zhang demanded 10 times the purchase price as compensation.Since the passage of the Consumer Protection Law in 1993, China has recognized that private monitoring can effectively unveil faulty products sold to consumers. Many current Chinese laws offer protection for consumers while increasing the responsibilities and liabilities for businesses. While this approach has many positive effects on consumer safety, an interesting phenomenon is the birth of the so-called “professional consumer.”  Such “consumers” have created significant challenges for many companies. The following hypothetical situation is increasingly common and illustrates what professional consumers are doing in today’s new world of food safety.Over the years, courts have taken different approaches when determining what constitutes a consumer under the China law. These approaches include looking at whether the goods bought are intended for the consumer’s personal use. However, according to the most recent official judicial Interpretation issued by the Chinese Supreme Court on March 15, 2014, also the same date as “Consumer Day”, the goods in question are not required to be for personal use, which implies that a professional consumer can purchase as much as he chooses and profit by sending complaints to various authorities, including courts.
In fact, following the Supreme Court Interpretation published in 2014, that same year CFDA received over half a million food complaints. Also, according to news reports, after Shanghai implemented a reward system for anonymous reports of alleged food safety violations, the Shanghai FDA received 78 percent more food safety reports and issued 89 percent more rewards in 2014 compared to 2013.There are some strategies Company A and B may consider. First, with respect to the vitamin, Company A should conduct a thorough ingredient review of the energy drink product to determine if any legal argument justifies the presence of the vitamin in the product.
Many companies often ignore this critical step because they have insufficient experience with China’s food laws.
Second, with respect to the misspelled food coloring agent, a new provision under the new Food Safety Law may offer some help. Specifically, the new Food Safety Law adds a carve-out clause in Article 148, which states that the consumer is not entitled to compensation if the claim involves a minor labeling defect that is not misleading to consumers and does not affect food safety.In most mislabeling cases, it is difficult for a company to successfully assert that the labeling error does not mislead consumers, even if the labeling error is a minor and an unintentional mistake.
In the hypothetical situation above, however, one could assert the defense in Article 148 that the spelling error is not misleading because it is an unintentional typo and is not intended to persuade consumers to buy the chocolate candies.
Whether or not the argument prevails may depend on real circumstances, but, in the meantime, it is important that Company B acts as quickly as possible to correct the label. We expect to see more detailed measures and regulations in areas such as health foods, genetically modified foods, as well as Internet trading.
In the meantime, the new Food Safety Law marks another milestone in China’s regulation of food and food-related products and one hopes that the efforts made by the authorities and by the industry will lead to and result in the production, sale, and consumption of safer foods in China.Case StudyWhat’s in the Plastic Wrap?Under the new law, food packaging materials that have direct contact with food are considered “high risk” food-related products. Until recently, most Chinese consumers and companies knew little about the existence of food packaging regulations, despite food packaging having been a highly regulated area in the U.S.
Most consumers may still not be aware that many chemicals in food packaging could potentially migrate to food and impact the quality.In 2013, for example, CCTV News reported that plastic film used to wrap the meat and vegetables found in supermarkets in the largest Chinese cities such as Shanghai, Beijing and Guangzhou may contain banned toxic plasticizers. Often such stories are not based on science, but the fact remains that chemicals can leach from package to food. Therefore companies must ensure that packaging materials will not adversely impact the safety of the food.Food packaging materials have historically been regulated via premarket approval and compliance testing. For example, the Hygienic Standards for Uses of Additives in Food Containers and Packaging Materials (GB 9685) provides a list of permitted additives for use in food packaging in China.Notably, in the 1990s, only about 65 chemicals were permitted for use in food packaging materials in China. It was unlikely that the food packaging products on the Chinese market during that time consisted only of additives from this short list.
In fact, many companies simply relied on clearances under comparable laws of other jurisdictions (U.S.
After several additional rounds of “clean up” efforts and many subsequent petitions filed under the Management Rules for the Administrative Approval of New Varieties of Food Related Products, the draft revision to GB 9685 published last year has increased the number of permitted additives to over 1,300.While there are still hundreds, if not thousands, of additives used in food packaging around the world, the authorities are continuing to allow the marketplace to expand by clearing new food packaging materials that are demonstrated to be safe. This has given the food industry more comfort that the packaging materials used to hold food have regulatory status in China, but inevitably, more additives and resins used in packaging materials will need to be cleared.David EttingerYun ChenDavid Ettinger is Managing Partner at Keller and Heckman, a law firm in Shanghai. He helps clients with product development and product protection of food and food packaging around the world. Special check was kept on MNC restaurant chains regarding hygiene and what goes on the plate.



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