State News
Labeling Update for Meat and Poultry Processors
By Lynn Knipe, OSU
The biggest news in the labeling topic is the proposed updates to the nutrition facts panels. FDA proposed updates to nutrition facts panels in 2016, for the first time since 1994. The changes are intended to make it easier for consumers to make more informed food choices. USDA FSIS follows FDA proposals, with some adaptations for meat product labels. The proposed FSIS changes to the nutrition facts panels on meat products were published in the Federal Register on January 19, 2017, but FSIS has not finalized their nutrition facts final rule. Compliance deadlines that have been announced, are for food products under FDA jurisdiction, not FSIS-inspected products. When the final rule is published, I assume that companies will have two or three years to comply with the changes.
A couple of the more noticeable changes to the proposed nutrition facts panel are the larger type size for Calories and serving size (Fig. 1). Serving sizes are also being updated, to reflect more realistic consumption quantities. FSIS is proposing to update “certain Reference Amounts
Figure 1, above. Proposed Nutrition Facts Panel for Food Products.
Customarily Consumed (RACCs), particularly for foods that are likely to be consumed in one setting. Packages which contain more than 150%, and less than 200%, of a given RACC will be required to be labeled as containing one serving, regardless of the RACC of the product. Certain packages that contain at least 200 percent, and up to and including 300 percent, of a given RACC would be required to include dual column labels that provide nutrition information per serving and per package, as applicable (Fed. Register).”
FSIS is also proposing to change some of the product categories, by combining multiple meat and poultry products into one general category. Examples of the proposed product categories include:
There will also be a mandatory listing of vitamin D and potassium to the facts panel. In addition to the percent Daily Value, actual amounts will be required next to the name, for vitamin D, calcium, iron and potassium. Vitamins A and C will not be required to be listed, but they can be left on the facts panel, voluntarily.
A new footnote will be required on the nutrition facts panel, which is intended to help consumers better understand what % Daily Value means to them. Also, 2,000 Calories will be used in the footnote, for nutrition advice.
Calories from fats will no longer be required on the facts panel, however, a listing of “Total Fat,” “Saturated Fat,” and “Trans Fat” will be continue to be required on the facts panel.
Percent Daily Values for sodium, dietary fiber and vitamin D have been updated, based upon new data.
FSIS will also require recordkeeping related to declarations for dietary fiber, soluble fiber, insoluble fiber, added sugars, tocopherol, folate and folic acid, and that establishments keep these records for a minimum of two years.
“Product of USA” Labeling
The “Product of USA” label was initially based on the origin of the ingredients, which meant meat from animals that were born, raised, slaughter and processed in the US. Since the repeal of Country of Origin Labeling (COOL) in 2005, imported meat that is processed in an FSIS-inspected facility can also bear this label. A petition to return the Product of USA label to be based upon the origin of the ingredients has been sent to USDA and the deadline for comments on this petition was in September, 2018.
Label Claim Sampling Program
FSIS released Notice 26-18 back in May of 2018, which expands their product sampling for labeling claims verification to include products in consumer-ready packages, that bear certain label claims, in addition to raw ground beef that bears a nutrition facts panel. The new label claims and products to be targeted, by this notice, are “soy-free” in ready-to-eat products and “raised without antibiotics” in raw chicken parts. This program is intended to verify the industry’s compliance with labeling regulations. It is assumed that this program will be expanded in the future to cover other label claims.
“Natural” Product Labels
USDA allows the word “natural” on meat products that contain no artificial or synthetic ingredients, or added coloring ingredients and is only minimally processed. Minimally processed means that the product was not fundamentally altered during the processing. Also, the label must include a statement, beneath or beside the claim, which explains what is meant by “natural” for each product (Contains no artificial ingredients, Minimally processed, etc.). A new definition for “Natural” is to be coming out from FSIS, but I haven’t seen it yet.
Updated FSIS Compliance Guideline for Label Approval
FSIS has updated their Compliance Guideline for Label Approval, to further assist establishments in determining if their labels require Labeling and Program Delivery Staff (LPDS) approval or if they can use generic approval. This guidance document can be accessed at:
https://www.fsis.usda.gov/wps/wcm/connect/bf170761-33e3-4a2d-8f86-940c2698e2c5/Label-Approval-Guide.pdf?MOD=AJPERES
By Lynn Knipe, OSU
The biggest news in the labeling topic is the proposed updates to the nutrition facts panels. FDA proposed updates to nutrition facts panels in 2016, for the first time since 1994. The changes are intended to make it easier for consumers to make more informed food choices. USDA FSIS follows FDA proposals, with some adaptations for meat product labels. The proposed FSIS changes to the nutrition facts panels on meat products were published in the Federal Register on January 19, 2017, but FSIS has not finalized their nutrition facts final rule. Compliance deadlines that have been announced, are for food products under FDA jurisdiction, not FSIS-inspected products. When the final rule is published, I assume that companies will have two or three years to comply with the changes.
A couple of the more noticeable changes to the proposed nutrition facts panel are the larger type size for Calories and serving size (Fig. 1). Serving sizes are also being updated, to reflect more realistic consumption quantities. FSIS is proposing to update “certain Reference Amounts
Figure 1, above. Proposed Nutrition Facts Panel for Food Products.
Customarily Consumed (RACCs), particularly for foods that are likely to be consumed in one setting. Packages which contain more than 150%, and less than 200%, of a given RACC will be required to be labeled as containing one serving, regardless of the RACC of the product. Certain packages that contain at least 200 percent, and up to and including 300 percent, of a given RACC would be required to include dual column labels that provide nutrition information per serving and per package, as applicable (Fed. Register).”
FSIS is also proposing to change some of the product categories, by combining multiple meat and poultry products into one general category. Examples of the proposed product categories include:
- Luncheon meat (e.g., bologna, Canadian-style bacon, meat crumbles, loaves, souse, taco fillings, liver sausage, etc.)
- Entrees without sauce (e.g., marinated, tenderized, and injected cuts of meat, patties, dry cured hams, meatballs, etc.)
- Mixed dishes NOT measured with a cup (e.g., burrito, egg roll, enchilada, pizza, quiche, etc.)
- Salads-all other (e.g., chicken salad, ham salad, turkey salad, etc.)
- Apetizers, hors d’oeubres, Mini mixed dishes with meat or poultry (e.g., dumplings, mini egg rolls, mini pizza rolls, mini quesadilla, mini quiche, etc.)
- Bacon (e.g., bacon, beef breakfast strips, pork rinds, pork back fat, etc.)
There will also be a mandatory listing of vitamin D and potassium to the facts panel. In addition to the percent Daily Value, actual amounts will be required next to the name, for vitamin D, calcium, iron and potassium. Vitamins A and C will not be required to be listed, but they can be left on the facts panel, voluntarily.
A new footnote will be required on the nutrition facts panel, which is intended to help consumers better understand what % Daily Value means to them. Also, 2,000 Calories will be used in the footnote, for nutrition advice.
Calories from fats will no longer be required on the facts panel, however, a listing of “Total Fat,” “Saturated Fat,” and “Trans Fat” will be continue to be required on the facts panel.
Percent Daily Values for sodium, dietary fiber and vitamin D have been updated, based upon new data.
FSIS will also require recordkeeping related to declarations for dietary fiber, soluble fiber, insoluble fiber, added sugars, tocopherol, folate and folic acid, and that establishments keep these records for a minimum of two years.
“Product of USA” Labeling
The “Product of USA” label was initially based on the origin of the ingredients, which meant meat from animals that were born, raised, slaughter and processed in the US. Since the repeal of Country of Origin Labeling (COOL) in 2005, imported meat that is processed in an FSIS-inspected facility can also bear this label. A petition to return the Product of USA label to be based upon the origin of the ingredients has been sent to USDA and the deadline for comments on this petition was in September, 2018.
Label Claim Sampling Program
FSIS released Notice 26-18 back in May of 2018, which expands their product sampling for labeling claims verification to include products in consumer-ready packages, that bear certain label claims, in addition to raw ground beef that bears a nutrition facts panel. The new label claims and products to be targeted, by this notice, are “soy-free” in ready-to-eat products and “raised without antibiotics” in raw chicken parts. This program is intended to verify the industry’s compliance with labeling regulations. It is assumed that this program will be expanded in the future to cover other label claims.
“Natural” Product Labels
USDA allows the word “natural” on meat products that contain no artificial or synthetic ingredients, or added coloring ingredients and is only minimally processed. Minimally processed means that the product was not fundamentally altered during the processing. Also, the label must include a statement, beneath or beside the claim, which explains what is meant by “natural” for each product (Contains no artificial ingredients, Minimally processed, etc.). A new definition for “Natural” is to be coming out from FSIS, but I haven’t seen it yet.
Updated FSIS Compliance Guideline for Label Approval
FSIS has updated their Compliance Guideline for Label Approval, to further assist establishments in determining if their labels require Labeling and Program Delivery Staff (LPDS) approval or if they can use generic approval. This guidance document can be accessed at:
https://www.fsis.usda.gov/wps/wcm/connect/bf170761-33e3-4a2d-8f86-940c2698e2c5/Label-Approval-Guide.pdf?MOD=AJPERES
Ohio
USDA Announces Changes to US Beef Grade Standards:
The Agricultural Marketing Service (AMS) is revising the voluntary U.S. Standards for Grades of Carcass Beef . The update will provide companies using the USDA grading program with additional options - dentition or age documentation - to establish the maturity of animals and ensure that cattle 30 months old or less are included in the youngest maturity group recognized as "beef" (A maturity). Skeletal and muscular evidence will still be used to determine maturity for those animals older than 30 months of age.
The changes to the standards were implemented on December 18. Prior to that date, companies using the voluntary grading program must provide documentation to the AMS Supervisor and Graders describing how carcasses over 30 months of age (MOA) are identified and segregated within the plan. Beginning December 18, companies may only offer carcasses for initial quality and yield grading. Carcasses held as "regrades" from the previous week should not be presented for grading.
US Farm Exports Hit Third Highest Level on Record:
U.S. agricultural exports totaled $140.5 billion in fiscal year (FY) 2017, an increase of $10.9 billion from the previous year, representing the third-highest level on record. The U.S. agricultural sector once again posted an annual trade surplus, which reached $21.3 billion, rising nearly 30 percent above 2016 levels. China was the largest export customer for U.S. agricultural products, with shipments valued at $22 billion, followed closely by Canada at $20.4 billion. U.S. agricultural exports to Mexico reached $18.6 billion, a six percent gain from last year, while exports to Japan grew 12 percent, valued at $11.8 billion. The European Union, South Korea, Hong Kong, Taiwan, Indonesia and the Philippines rounded out the top 10 markets. The data revealed significant gains for several meat products exports. Beef exports, for example, rose 16 percent to $7.1 billion, and pork exports grew 14 percent to $6.4 billion.
FDA Finds Significant Progress in Sales and Distribution Data for Antimicrobials Used in Food-Producing Animals:
An annual report released by the Food and Drug Administration (FDA) revealed for the first time significant declines in both the sale and distribution of antimicrobials for use in food-producing animals in 2016. According to the report, 2016 domestic sales and distribution of antimicrobial drugs decreased 10 percent compared to 2015 figures. Meanwhile, U.S. sales of medically important antimicrobials approved for use in food animals fell 14 percent in 2016, with declines in all individual drug classes. In 2016, domestic sales and distribution of medically important antimicrobials accounted for 60 percent of the total domestic sales of all antimicrobials approved for use in food-producing animals.
Each year, animal drug companies are required to report to FDA antimicrobial sales and distribution data as mandated under the Animal Drug User Fee Act. In addition to reporting sales and distribution data for actively marketed antimicrobial drugs approved for use in food-producing animals by drug class, medical importance, route of administration, indication and dispensing status, the 2016 report presents species-specific estimates of the data.
MSMA consults with NAMI, AAMP, NGA, and FMI on articles
Please send any feedback on current legislation or legislative ideas to Kristin Mullins.
The Agricultural Marketing Service (AMS) is revising the voluntary U.S. Standards for Grades of Carcass Beef . The update will provide companies using the USDA grading program with additional options - dentition or age documentation - to establish the maturity of animals and ensure that cattle 30 months old or less are included in the youngest maturity group recognized as "beef" (A maturity). Skeletal and muscular evidence will still be used to determine maturity for those animals older than 30 months of age.
The changes to the standards were implemented on December 18. Prior to that date, companies using the voluntary grading program must provide documentation to the AMS Supervisor and Graders describing how carcasses over 30 months of age (MOA) are identified and segregated within the plan. Beginning December 18, companies may only offer carcasses for initial quality and yield grading. Carcasses held as "regrades" from the previous week should not be presented for grading.
US Farm Exports Hit Third Highest Level on Record:
U.S. agricultural exports totaled $140.5 billion in fiscal year (FY) 2017, an increase of $10.9 billion from the previous year, representing the third-highest level on record. The U.S. agricultural sector once again posted an annual trade surplus, which reached $21.3 billion, rising nearly 30 percent above 2016 levels. China was the largest export customer for U.S. agricultural products, with shipments valued at $22 billion, followed closely by Canada at $20.4 billion. U.S. agricultural exports to Mexico reached $18.6 billion, a six percent gain from last year, while exports to Japan grew 12 percent, valued at $11.8 billion. The European Union, South Korea, Hong Kong, Taiwan, Indonesia and the Philippines rounded out the top 10 markets. The data revealed significant gains for several meat products exports. Beef exports, for example, rose 16 percent to $7.1 billion, and pork exports grew 14 percent to $6.4 billion.
FDA Finds Significant Progress in Sales and Distribution Data for Antimicrobials Used in Food-Producing Animals:
An annual report released by the Food and Drug Administration (FDA) revealed for the first time significant declines in both the sale and distribution of antimicrobials for use in food-producing animals in 2016. According to the report, 2016 domestic sales and distribution of antimicrobial drugs decreased 10 percent compared to 2015 figures. Meanwhile, U.S. sales of medically important antimicrobials approved for use in food animals fell 14 percent in 2016, with declines in all individual drug classes. In 2016, domestic sales and distribution of medically important antimicrobials accounted for 60 percent of the total domestic sales of all antimicrobials approved for use in food-producing animals.
Each year, animal drug companies are required to report to FDA antimicrobial sales and distribution data as mandated under the Animal Drug User Fee Act. In addition to reporting sales and distribution data for actively marketed antimicrobial drugs approved for use in food-producing animals by drug class, medical importance, route of administration, indication and dispensing status, the 2016 report presents species-specific estimates of the data.
MSMA consults with NAMI, AAMP, NGA, and FMI on articles
Please send any feedback on current legislation or legislative ideas to Kristin Mullins.
Kentucky
Lawmakers returned to Frankfort after the new year for their 60-day legislative session. Republicans begin the year with firm party control, its second year in charge after decades of Democrat controlled session. In year two, the Legislature will have to write a budget, while mulling changes to a public pension system, all the while under a cloud of controversy over inappropriate sexual behavior. One of the first acts in the session was the resignation of Speaker Jeff Hoover, who came under sexual harassment claims back in October from a woman who worked for the House Republican caucus. Hoover had resigned as speaker in November, but officially resigned from the House in early January.
Couple other items to watch between now and April 13:
Couple other items to watch between now and April 13:
- Pension System – Kentucky’s retirement system is one of the worst-funded systems in the country. By rough estimates, the government is at least $41 billion dollars short in payment of benefits to workers. Governor Bevin and Republican leaders have been working on a new plan to address the shortfall.
- Tax Reform – Republicans are eyeing an opportunity to re-write the state’s code with firm one-party control. Changes to the tax rate and sales tax exemptions are both on the list of potential changes.
- Budget Shortfall – As noted above, the Legislature is going to have to spend a considerable amount of available revenue to address the crippling pension system, leaving budget negotiations up in the arm and areas for potential cuts on the table.
You can check out the Kentucky House and Senate districts by following the links below.
House: http://www.lrc.ky.gov/GIS/pdf/HH001M01c.pdf
Senate: http://www.lrc.ky.gov/GIS/pdf/SH001A02c.pdf
House: http://www.lrc.ky.gov/GIS/pdf/HH001M01c.pdf
Senate: http://www.lrc.ky.gov/GIS/pdf/SH001A02c.pdf
Tennessee
The Tennessee Legislature kicked off its legislative work on January 9, greeted by a number of protesters calling for Medicaid expansion and debated why rural hospitals are closing across the state. Top of the list this session will be efforts to address the state’s ongoing opioid epidemic and various health care needs.
A heavy rate of turnover is likely during this year’s November elections, as a number of lawmakers have already announced they won’t be back and others – including House Speaker and gubernatorial hopeful Beth Harwell – seeking higher office. Term-limited Republican Gov. Bill Haslam has indicated his legislative agenda will be less robust and ambitious than in the past. In addition to the opioid crisis, medical marijuana seems to be inching closer to a reality in Tennessee, nearly passing the finish line late last year.
A heavy rate of turnover is likely during this year’s November elections, as a number of lawmakers have already announced they won’t be back and others – including House Speaker and gubernatorial hopeful Beth Harwell – seeking higher office. Term-limited Republican Gov. Bill Haslam has indicated his legislative agenda will be less robust and ambitious than in the past. In addition to the opioid crisis, medical marijuana seems to be inching closer to a reality in Tennessee, nearly passing the finish line late last year.
(State issues are monitored in consultation with the Kentucky Retail Federation, the Tennessee Grocers Association, and FMI)