United States: Regulatory Updates - Issue 18 | November 2014

Last Updated: November 18 2014
Article by Cristiana Spontoni, Jonathan Berman and Colleen Heisey

USDA Announces Determination of Nonregulated Status of Potato Genetically Engineered for Low Acrylamide Potential and Reduced Black Spot Bruise
In the November 10, 2014, Federal Register, USDA announced its determination that it no longer considers certain potatoes designated as Innate" Potato, which have been genetically engineered for low acrylamide potential and reduced black spot bruise, as subject to GMO regulations. Acrylamide is a human neurotoxicant and potential carcinogen that may form in potatoes and other starchy foods under certain cooking conditions. In response to a citizen petition, USDA decided such products are not subject to regulations governing the market introduction of certain GMOs. The determination is effective immediately.

USDA Announces Filing of Citizen Petition for Nonregulated Status of Late Blight-Resistant, Genetically Engineered Potato
In a separate notice in the November 10, 2014, Federal Register, USDA announced the filing of a citizen petition requesting a determination of nonregulated status for certain Innate" Potato designated as Russet Burbank event W8, which has been genetically engineered for late blight resistance, low acrylamide potential, reduced black spot bruising, and lowered reducing sugars. Comments due January 9, 2015.

USDA Adopts Final Rule on Testing for Brucella "Class Free" Status in Cattle
In the November 10, 2014, Federal Register, USDA announced it is adopting as a final rule, with changes, an interim rule amending the brucellosis regulations to reduce the amount of testing required for states to maintain "Class Free" status with respect to cattle and domestic bison. "Class Free" means the state has been determined to have no Brucella abortus in wildlife, which requires testing livestock for the bacteria. As amended, the final rule sets the age at which cattle and domestic bison are included in herd blood tests and allows certain states the option of either conducting brucellosis ring tests and participating in the slaughter surveillance program or developing a reasonable alternative surveillance plan. The final rule is effective December 10, 2014.

FDA Announces Filing of Food Additive Petition for Use of Salmonella-Bacteriophage Preparation in Dry Pet Food
In the November 6, 2014, Federal Register, FDA announced the filing of a citizen petition proposing to amend the food additive regulations to provide for the safe use of a Salmonella-specific bacteriophage preparation as a food additive, specifically as an antimicrobial processing aid to reduce such bacteria in the production of dry dog and cat pet food. Comments due December 8, 2014.

USDA Issues Interim Rule on Conservation Stewardship Program
In the November 5, 2014, Federal Register, USDA issued an interim rule amending the existing Natural Resources Conservation Service regulation for the Conservation Stewardship Program, a voluntary program providing incentives to agricultural participants to achieve certain conservation objectives. The interim rule incorporates programmatic changes authorized by the Agricultural Act of 2014. Although subject to comments, the interim rule is effective November 5, 2014. Comments due January 5, 2015.

USDA Extends Comment Period for Final Rule on Dairy Protection, Donation Programs
In the October 30, 2014, Federal Register, USDA issued a notice extending the comment period by 45 days for the final rule implementing regulations for the Margin Protection Program for Dairy and the Dairy Product Donation Program as authorized in subtitle D of the Agricultural Act of 2014. The Commodity Credit Corporation and Farm Service Agency published the final rule on August 29, 2014. Comments now due December 15, 2014.

USDA Reopens Comment Period for Proposed Rule on Importation of Beef from Northern Argentina
In the October 31, 2014, Federal Register, USDA issued a notice reopening the comment period for a proposed rule to allow the importation of fresh (chilled or frozen) beef from a certain region of Argentina under certain conditions. USDA originally announced the proposed rule on August, 29, 2014. Comments now due December 29, 2014.

USDA Issues Notice of Inquiry Regarding Beef Promotion, Research Order
In the November 10, 2014, Federal Register, USDA issued a notice of inquiry and request for public comments to inform development of a beef promotion, research, and information order under the Commodity Promotion, Research, and Consumer Information Act of 1996. Interested parties may recommend what information should be included in an industry-funded promotion, research, and information program for beef and beef products. Comments due December 10, 2014.

USDA Orders Referendum on Marketing Order for Onions Produced in South Texas
In the October 29, 2014, Federal Register, USDA ordered a referendum to be conducted among eligible producers of onions grown in South Texas to determine whether they favor continuance of the marketing order regulating the handling of onions produced in the production area. USDA conducted a similar referendum in May 2014 but is conducting another referendum to ensure all eligible producers have the opportunity to vote on the federal marketing order.

Other USDA Announcements

  • Reestablishment of the Charter of the Advisory Committee on Minority Farmers for Two-Year Term
  • Revision of Marketing Order Regulating the Handling of Spearmint Oil Produced in the Far West
  • Notice of Proposed Changes to Section I of the Iowa, Minnesota, North Dakota, and South Dakota State Technical Guides Regarding Wetland Determinations
  • Results of Mango Promotion, Research, and Information Order Review
  • Notice of Comment on Processed Raspberry Promotion, Research, and Information Order; Late Payment and Interest Charges on Past Due Assessments
  • Modification of Container Requirements for Irish Potatoes Grown in Certain Designated Counties in Idaho and Malheur County, Oregon
  • Clarification of Grade Requirements for Avocados Grown in South Florida and Imported Avocados

FDA Announced the Opportunity to Comment on the Following Proposed Information Collections

  • Substantiation for Dietary Supplement Claims Made Under the Federal FD&C Act
  • Extralabel Drug Use in Animals
  • Appeals of Science-Based Decisions Above the Division Level at the Center for Veterinary Medicine

FDA Announced the Following Information Collections Have Been Submitted to OMB

  • Correction: Notification and Recordkeeping Requirements for Exports
  • Application for Participation in the Food and Drug Administration Commissioner's Fellowship Program
  • Testing Communications on Food and Drug Administration-Regulated Products Used in Animals
  • Food Safety Survey
  • Correction: Food Canning Establishment Registration, Process Filing, and Recordkeeping for Acidified Foods and Thermally Processed Low-Acid Foods in Hermetically Sealed Containers

USDA Announced the Opportunity to Comment on the Following Proposed Information Collections

  • Quarterly Colony Loss Survey and the Annual Colony Loss Survey
  • Generic Clearance for the Collection of Qualitative Feedback on Agency Service Delivery
  • National Institute of Food and Agriculture's Information Collection of Letters of Intent

USDA Announced the Opportunity to Comment on the Following Approved, Revised, and/or Extended Information Collections

  • Entry of Specialty Sugars into the United States
  • Shell Egg Surveillance Portion of the Egg Inspection Regulations
  • Form AD-761, USDA Patent License Application for Government Invention
  • Acreage and Crop Reporting Streamlining Initiative

USDA Announced the Following Information Collections Have Been Submitted to OMB

  • Virus-Serum-Toxin Act and Regulations
  • SNAP-Ed Connection Recipe Submission and Review Forms

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

To print this article, all you need is to be registered on Mondaq.com.

Click to Login as an existing user or Register so you can print this article.

Authors
Jonathan Berman
Colleen Heisey
 
In association with
Related Topics
 
Related Articles
 
Related Video
Up-coming Events Search
Tools
Print
Font Size:
Translation
Channels
Mondaq on Twitter
 
Register for Access and our Free Biweekly Alert for
This service is completely free. Access 250,000 archived articles from 100+ countries and get a personalised email twice a week covering developments (and yes, our lawyers like to think you’ve read our Disclaimer).
 
Email Address
Company Name
Password
Confirm Password
Position
Mondaq Topics -- Select your Interests
 Accounting
 Anti-trust
 Commercial
 Compliance
 Consumer
 Criminal
 Employment
 Energy
 Environment
 Family
 Finance
 Government
 Healthcare
 Immigration
 Insolvency
 Insurance
 International
 IP
 Law Performance
 Law Practice
 Litigation
 Media & IT
 Privacy
 Real Estate
 Strategy
 Tax
 Technology
 Transport
 Wealth Mgt
Regions
Africa
Asia
Asia Pacific
Australasia
Canada
Caribbean
Europe
European Union
Latin America
Middle East
U.K.
United States
Worldwide Updates
Registration (you must scroll down to set your data preferences)

Mondaq Ltd requires you to register and provide information that personally identifies you, including your content preferences, for three primary purposes (full details of Mondaq’s use of your personal data can be found in our Privacy and Cookies Notice):

  • To allow you to personalize the Mondaq websites you are visiting to show content ("Content") relevant to your interests.
  • To enable features such as password reminder, news alerts, email a colleague, and linking from Mondaq (and its affiliate sites) to your website.
  • To produce demographic feedback for our content providers ("Contributors") who contribute Content for free for your use.

Mondaq hopes that our registered users will support us in maintaining our free to view business model by consenting to our use of your personal data as described below.

Mondaq has a "free to view" business model. Our services are paid for by Contributors in exchange for Mondaq providing them with access to information about who accesses their content. Once personal data is transferred to our Contributors they become a data controller of this personal data. They use it to measure the response that their articles are receiving, as a form of market research. They may also use it to provide Mondaq users with information about their products and services.

Details of each Contributor to which your personal data will be transferred is clearly stated within the Content that you access. For full details of how this Contributor will use your personal data, you should review the Contributor’s own Privacy Notice.

Please indicate your preference below:

Yes, I am happy to support Mondaq in maintaining its free to view business model by agreeing to allow Mondaq to share my personal data with Contributors whose Content I access
No, I do not want Mondaq to share my personal data with Contributors

Also please let us know whether you are happy to receive communications promoting products and services offered by Mondaq:

Yes, I am happy to received promotional communications from Mondaq
No, please do not send me promotional communications from Mondaq
Terms & Conditions

Mondaq.com (the Website) is owned and managed by Mondaq Ltd (Mondaq). Mondaq grants you a non-exclusive, revocable licence to access the Website and associated services, such as the Mondaq News Alerts (Services), subject to and in consideration of your compliance with the following terms and conditions of use (Terms). Your use of the Website and/or Services constitutes your agreement to the Terms. Mondaq may terminate your use of the Website and Services if you are in breach of these Terms or if Mondaq decides to terminate the licence granted hereunder for any reason whatsoever.

Use of www.mondaq.com

To Use Mondaq.com you must be: eighteen (18) years old or over; legally capable of entering into binding contracts; and not in any way prohibited by the applicable law to enter into these Terms in the jurisdiction which you are currently located.

You may use the Website as an unregistered user, however, you are required to register as a user if you wish to read the full text of the Content or to receive the Services.

You may not modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, link, display, or in any way exploit any of the Content, in whole or in part, except as expressly permitted in these Terms or with the prior written consent of Mondaq. You may not use electronic or other means to extract details or information from the Content. Nor shall you extract information about users or Contributors in order to offer them any services or products.

In your use of the Website and/or Services you shall: comply with all applicable laws, regulations, directives and legislations which apply to your Use of the Website and/or Services in whatever country you are physically located including without limitation any and all consumer law, export control laws and regulations; provide to us true, correct and accurate information and promptly inform us in the event that any information that you have provided to us changes or becomes inaccurate; notify Mondaq immediately of any circumstances where you have reason to believe that any Intellectual Property Rights or any other rights of any third party may have been infringed; co-operate with reasonable security or other checks or requests for information made by Mondaq from time to time; and at all times be fully liable for the breach of any of these Terms by a third party using your login details to access the Website and/or Services

however, you shall not: do anything likely to impair, interfere with or damage or cause harm or distress to any persons, or the network; do anything that will infringe any Intellectual Property Rights or other rights of Mondaq or any third party; or use the Website, Services and/or Content otherwise than in accordance with these Terms; use any trade marks or service marks of Mondaq or the Contributors, or do anything which may be seen to take unfair advantage of the reputation and goodwill of Mondaq or the Contributors, or the Website, Services and/or Content.

Mondaq reserves the right, in its sole discretion, to take any action that it deems necessary and appropriate in the event it considers that there is a breach or threatened breach of the Terms.

Mondaq’s Rights and Obligations

Unless otherwise expressly set out to the contrary, nothing in these Terms shall serve to transfer from Mondaq to you, any Intellectual Property Rights owned by and/or licensed to Mondaq and all rights, title and interest in and to such Intellectual Property Rights will remain exclusively with Mondaq and/or its licensors.

Mondaq shall use its reasonable endeavours to make the Website and Services available to you at all times, but we cannot guarantee an uninterrupted and fault free service.

Mondaq reserves the right to make changes to the services and/or the Website or part thereof, from time to time, and we may add, remove, modify and/or vary any elements of features and functionalities of the Website or the services.

Mondaq also reserves the right from time to time to monitor your Use of the Website and/or services.

Disclaimer

The Content is general information only. It is not intended to constitute legal advice or seek to be the complete and comprehensive statement of the law, nor is it intended to address your specific requirements or provide advice on which reliance should be placed. Mondaq and/or its Contributors and other suppliers make no representations about the suitability of the information contained in the Content for any purpose. All Content provided "as is" without warranty of any kind. Mondaq and/or its Contributors and other suppliers hereby exclude and disclaim all representations, warranties or guarantees with regard to the Content, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title and non-infringement. To the maximum extent permitted by law, Mondaq expressly excludes all representations, warranties, obligations, and liabilities arising out of or in connection with all Content. In no event shall Mondaq and/or its respective suppliers be liable for any special, indirect or consequential damages or any damages whatsoever resulting from loss of use, data or profits, whether in an action of contract, negligence or other tortious action, arising out of or in connection with the use of the Content or performance of Mondaq’s Services.

General

Mondaq may alter or amend these Terms by amending them on the Website. By continuing to Use the Services and/or the Website after such amendment, you will be deemed to have accepted any amendment to these Terms.

These Terms shall be governed by and construed in accordance with the laws of England and Wales and you irrevocably submit to the exclusive jurisdiction of the courts of England and Wales to settle any dispute which may arise out of or in connection with these Terms. If you live outside the United Kingdom, English law shall apply only to the extent that English law shall not deprive you of any legal protection accorded in accordance with the law of the place where you are habitually resident ("Local Law"). In the event English law deprives you of any legal protection which is accorded to you under Local Law, then these terms shall be governed by Local Law and any dispute or claim arising out of or in connection with these Terms shall be subject to the non-exclusive jurisdiction of the courts where you are habitually resident.

You may print and keep a copy of these Terms, which form the entire agreement between you and Mondaq and supersede any other communications or advertising in respect of the Service and/or the Website.

No delay in exercising or non-exercise by you and/or Mondaq of any of its rights under or in connection with these Terms shall operate as a waiver or release of each of your or Mondaq’s right. Rather, any such waiver or release must be specifically granted in writing signed by the party granting it.

If any part of these Terms is held unenforceable, that part shall be enforced to the maximum extent permissible so as to give effect to the intent of the parties, and the Terms shall continue in full force and effect.

Mondaq shall not incur any liability to you on account of any loss or damage resulting from any delay or failure to perform all or any part of these Terms if such delay or failure is caused, in whole or in part, by events, occurrences, or causes beyond the control of Mondaq. Such events, occurrences or causes will include, without limitation, acts of God, strikes, lockouts, server and network failure, riots, acts of war, earthquakes, fire and explosions.

By clicking Register you state you have read and agree to our Terms and Conditions