Regulatory Developments

(July 2012 - Coffee Reporter) The U.S. Food and Drug Administration (FDA) continues to roll out regulations implementing the Food Safety Modernization Act (FSMA), and NCA has again filed comments on a new FDA proposal. The Agency has fielded a program to enable food facilities to submit voluntary profile information to facilitate safety inspections. NCA takes the position that the additional information is superfluous, and that its online submission introduces added risk to existing food safety systems.

(June 2012 - Coffee Reporter) The U.S. Food and Drug Administration (FDA) stated publicly that it will postpone full enforcement of preventive controls and the foreign supplier verification program (FSVP) under the Food Safety Modernization Act (FSMA). Responding to food industry inquiries, Deputy Commissioner Michael Taylor confirmed that the agency will exercise “enforcement discretion” in connection with these cornerstone FSMA provisions.

(June 2012 - Coffee Reporter) Coffee plant workers in Texas have sued flavoring manufacturers for exposure to diacetyl in the workplace. Diacetyl, or N,N’-Diacetylbenzidine, is a chemical compound commonly used in food flavorings to impart a buttery taste. While prior suits have focused on manufacturers of microwave popcorn, this case may signal the first palpable impact for coffee.

(May 2012 - Coffee Reporter) The Food and Drug Administration (FDA) continues to comb through the weeds of the Food Safety Modernization Act (FSMA) to help food companies grappling with compliance. Most recently, the agency addressed some nettling questions among the complex provisions of FSMA’s food facility registration requirements, as well as moved forward with efforts to help foreign governments comply with new U.S. food safety requirements.

(Coffee Reporter - April 2012) Food Safety Modernization Act continues to move through regulatory process

(Coffee Reporter/Regulatory Developments - February 2012) The Food and Drug Administration (FDA) is just halfway through its two-year process of issuing rules to implement the Food Safety Modernization Act (FSMA). In its recent one-year progress report, the FDA reported on its statutory obligation to conduct more frequent food facility inspections and prioritize those inspections based on risk. The FDA reported that it has met the FSMA standards for frequency of inspections and has completed its work to define high-risk and non-high-risk food facility inventories. FSMA directs the FDA to inspect at least 600 foreign facilities in the first year and to double those inspections every year for the next five years.

(Coffee Reporter - January 2012) January 4 marked one year since President Obama signed the Food Safety Modernization Act (FSMA) into law. The first reinvention of federal food safety laws since the 1930s, FSMA fundamentally pivots regulatory focus from remediation to prevention. As a result, the law changes some basic signposts for foods traveling from farm to table. And, despite coffee’s low-risk nature, FSMA introduces significant new challenges for U.S. coffee commerce.

(Coffee Reporter - November 2011) The Food and Drug Administration (FDA) has issued a new guidance document on the administrative detention of food. While not legally binding, the guidance presents a framework for compliance that incorporates expanded FDA powers under 2011’s Food Safety Modernization Act (FSMA)

(Coffee Reporter - October 2011) The Food and Drug Administration (FDA) has issued an update to its plans to assess reinspection fees under the Food Safety Modernization Act. On October 1, the day the fees went into effect, the FDA narrowed the criteria that trigger 2012 fees.

(Coffee Reporter - September 2011) The Food and Drug Administration (FDA) has begun to enforce its rule under the Food Safety Modernization Act (FSMA) requiring that prior notice include any refusal of entry into another country.

(Coffee Reporter - September 2011) NCA joined a coalition of trade organizations urging Congress to repeal antitrust immunity for foreign-owned ocean carriers.

(Coffee Reporter - August 2011) The Food and Drug Administration (FDA) announced its Fiscal Year 2012 fee schedule under the Food Safety Modernization Act (FSMA). At an hourly rate of $224 for domestic work and $335 if foreign travel is involved, the fees apply for certain facility and importer reinspections and recall noncompliance. The FDA's fiscal year runs from October 1, 2011 through September 30, 2012.

(June 2011) A series of lawsuits impacting the coffee industry under California’s Proposition 65 continue to wend their way through the state’s judicial system. As they proceed, NCA continues to deploy measures to keep the industry informed and help members address resulting legal and business challenges.

At a time when regulatory issues are taking new turns, it is more critical than ever to maintain strong, working relationships with Congressional leaders. With member value in mind, NCA is facilitating that process this year by again hosting a Coffee on the Hill Congressional event this year.

(April 2011) The Food Safety Modernization Act, passed by Congress late last year, has continued to raise questions and concerns as food companies – including coffee producers, mills, exporter/importers, roasters and retailers – work to understand its provisions. The first major revamp of federal food safety laws since the 1930s, the Act (FSMA) grants new powers to the Food and Drug Administration (FDA) and imposes added responsibilities for food safety throughout the supply chain.