News

Periodic Residue Testing Required for Organic Products
In early November, USDA issued a final rule clarifying a provision of the Organic Foods Production Act of 1990 and the regulations issued thereunder that require periodic residue testing of organically produced agricultural products by accredited certifying agents.

The final rule amends the National Organic Program (NOP) regulations to make clear that accredited certifying agents must conduct periodic residue testing of agricultural products that are to be sold, labeled, or represented as “100 percent organic,’’ “organic,’’ or “made with organic (specified ingredients or food group(s)).’’

The final rule expands the amount of residue testing of organically produced agricultural products by clarifying that sampling and testing are required on a regular basis, and requires that certifying agents, on an annual basis, sample and conduct residue testing from a minimum of five percent of the operations that they certify.

USDA noted that the action will help further ensure the integrity of products produced and handled under the NOP regulations. The final rule is available at http://www.gpo.gov/fdsys/pkg/FR-2012-11-09/html/2012-27378.htm.

FDA Proposes New Processed Fruit Regulation
On November 8, the Food and Drug Administration (FDA) published a draft Compliance Policy Guide that, when finalized, will provide guidance for FDA staff on enforcement criteria for canned, frozen, and other ackee products that contain hypoglycin A. Most ackee and ackee products in the U.S. are imported from tropical countries, such as Jamaica, Belize, and Haiti. However, ackee trees also grow in southern Florida and in recent years, there has been interest by a processor in Florida to market ackee products in interstate commerce. 

The ackee fruit naturally contains the toxin hypoglycin A, which drops to negligible levels in certain parts of the fruit when it is fully ripe. Hypoglycin A may pose a health risk in amounts in excess of 100 ppm, according to an FDA risk assessment. If the fruit is not processed properly, levels of hypoglycin A above 100 ppm may be present in the processed ackee product.

An FDA Import Alert states that districts may detain without physical examination all ackee products offered for import, except those from firms identified on the “green list,” which have demonstrated to FDA that future shipments of their ackee products will not be adulterated. The Import Alert also includes a “yellow list,” identifying firms that have food safety controls in place to control hypoglycin A. These firms must provide test results demonstrating that their product does not contain a level of hypoglycin A that may render the product injurious to health, in order to secure release of the shipment. FDA assesses all processors of ackee for export to the United States on a facility-by-facility basis. 

More information is available at http://www.gpo.gov/fdsys/pkg/FR-2012-11-08/html/2012-27225.htm?source=govdelivery