USA – FDA Releases Draft Compliance Policy Guide on Major Food Allergen Labeling and Cross-Contact

The U.S. Food and Drug Administration (FDA) has released a draft Compliance Policy Guide to provide guidance for FDA staff on the FDA’s enforcement policy regarding major food allergen labeling and cross-contact.  The draft CPG more accurately reflects FDA’s thinking on major food allergen enforcement policy based on the current regulatory framework and latest science. When finalized, it will replace the existing CPG 555.250 for FDA staff.

Among the updates, the draft CPG describes the labeling requirements for major food allergens and the proper use of the ingredient list and the “Contains” statement for major food allergen declarations. It also describes requirements for firms to implement controls to prevent or significantly minimize allergen cross-contact. Further, the draft CPG describes additional allergen labeling violations. It also directs FDA staff to examine potential product adulteration due to allergen cross-contact as well as potential labeling violations. The updated CPG reflects the FDA’s risk-based and science-based approach for the evaluation of potential allergen violations.

Brazil – ANVISA and other agencies to review WHO guidelines on sweeteners

The National Health Surveillance Agency (ANVISA in Portuguese) reports that it is closely following the discussion on the subject and will join other governmental entities, in particular the Ministry of Health, and also non-governmental actors, to evaluate the new guideline and the context of sweetener use in the country.

It is important to note that the use of sweeteners in Brazil must be authorized by the Agency, which performs safety evaluations of these products. The analysis is carried out based on the guidelines of the Expert Committee on the Safety Assessment of Food Additives of the Food and Agriculture Organization of the United Nations (FAO) and WHO. In Brazil, the WHO recommendation to reduce sugar consumption, favoring foods with natural sugars, such as fruits or sugar-free foods and beverages, is included in the Food Guide for the Brazilian Population, published by the Ministry of Health.

Argentina – Judge rejects business lawsuit and upholds Front End Labeling law

The Court rejected a corporate lawsuit and upheld the Front Labeling law. The ruling of the Federal Contentious Administrative Judge Santiago Carrillo did not uphold a class action brought against the Front Labeling Law 27.642 and its regulatory decree that promotes healthy eating by means of warning seals.

The lawsuit had been filed by the Argentine Chamber of the Industry of Sausages and Allied Products (CAICHA) against the National Government and the Executive Power, in order to declare the unconstitutionality of Law 27,642, Decree 151/2022 and other regulatory rules.

Argentina – Amendment to the Food Code on industrially produced trans-fatty acids in foodstuffs published

The Secretariat of Agriculture, Livestock and Fisheries and Secretariat of Quality in Health publish JointResolution 16/2023.This Resolution amends Article 155 tris of the Argentine Food Code, which will be worded as follows: “Article 155 tris: The content of industrially produced trans fatty acids in foods, including those used as ingredients and raw materials, shall not exceed 2% of total fats. These limits do not apply to fats from ruminants, including milk fat. The use of partially hydrogenated oils and fats in the production of foods, ingredients and raw materials is prohibited.”

Spain – Government approves law against food waste for parliamentary approval

The Council of Ministers today approved the draft Law on the Prevention of Food Loss and Waste, the first regulation on this subject to be enacted in Spain, with the aim of reducing the disposal of unconsumed food in the trash and promoting better use of food. During 2020, Spanish households threw away 1,364 million kilos/liters of food, an average of 31 kilos/liters per person.

The Minister of Agriculture, Fisheries and Food, Luis Planas, has drawn attention to these data, which represent the loss of 250 euros per person. The law aims to “regulate and raise awareness” and “responds to a social need”, he stressed. On the one hand, it “regulates the preferential use of food for human consumption”, favoring donation, and on the other it tries to “make society aware of the need to reduce food wastage”.