Digest

Bryan Cave Digest

Food Safety

Main Content

What Impact Will COVID-19 Have on Food Security in Africa?

April 17, 2020

Categories

COVID-19 has impacted nations all across the globe, but it is across Africa where experts believe the effects may be felt the hardest. Labour shortages and price fluctuations, combined with stringent government measures restricting movement and trade, are likely to have significant impacts on food security across the continent.

According to the World Bank, the COVID-19 pandemic is likely to cause:

→      The first recession for sub-Saharan Africa in 25 years →      7% decline in agricultural production →      25% decline in food imports

Many African governments may struggle to implement the financial interventions and benefit packages introduced by more developed economies. However, solutions such as opening up borders to trade of key food products, encouraging DFI support and stimulating the development of, and investment in, new Agritech businesses may help countries alleviate food shortages.

It is hopeful that these interventions will not just tackle

Year in Review: 2019 Food, Beverage and Supplement Litigation Roundup

2019 was another active year for new regulatory activity and litigation targeting the food, beverage, and supplement industries.

In this roundup, Bryan Cave Leighton Paisner LLP presents a collection of regulatory developments, key court decisions, and notable settlements that were reached in 2019 and early 2020.

The highlights of this 2019 roundup include:

  • New federal legislation governing food labeling.
  • New regulations and a burst of litigation regarding CBD-based products.
  • An update on slack fill litigation.
  • Notable rulings, trials, and settlements.
  • Prop 65 and food safety update.
  • A preview of areas to watch in 2020.

Food Suppliers: Understand What Your Contamination and Recall Insurance Policies Do and Don’t Cover – Then Plan Accordingly

Last year saw a massive E. coli outbreak linked to romaine lettuce which left growers, packers and retailers struggling to identify root causes and assign liability – all while trying to protect end users from illness and injury.  To address the costs of contamination and recalls, food producers and manufacturers commonly obtain contamination insurance.  However, typical contamination policies cover only those losses incurred due to actual contamination, while arguably providing no coverage for recalls due to potential contamination.  A company that recalled its salads due to a risk that its romaine was contaminated with E. coli faces the likelihood that its insurer will claim the recall costs are not covered under the standard food contamination insurance policies – even though the recall was in the public’s best interest.  Food suppliers should evaluate whether there is a gap in their insurance coverage created by the limited language in certain contamination policies

Food Importers Must Ensure Food Meets U.S. Safety Standards Under FDA’s Food Supplier Verification Program

Requirements take effect this week under the FDA’s new Food Safety Verification Program (FSVP), which makes retailers and other businesses that import food into the United States responsible for verifying that the food has been produced in a manner that meets applicable U.S. safety standards.

FSVP is one of the seven foundational rules of the FDA’s Food Safety Modernization Act (FSMA), the most sweeping reform of our food safety laws in more than 70 years. It aims to ensure the U.S. food supply is safe by shifting the focus from responding to contamination to preventing it.

A central tenet of the FSVP is that the same preventive food safety standards should apply to all food consumed in the U.S., regardless of where the food is produced. The FSVP therefore requires that importers have a program in place to verify that their foreign suppliers are producing food in a manner that

FDA Announces Waivers to Sanitary Transportation Rule

Today, FDA announced that it has issued the first three waivers under the Sanitary Transportation of Human and Animal Food Rule, one of the many rules designed to implement the Food Safety Modernization Act. These waivers are for the following entities:

•Businesses holding valid permits that are inspected under the National Conference on Interstate Milk Shipments’ Grade “A” Milk Safety Program, only when transporting Grade “A” milk and milk products.

•Food establishments authorized by the regulatory authority to operate when engaged as receivers, or as shippers and carriers in operations in which food is delivered directly to consumers, or to other locations the establishments or affiliates operate that serve or sell food directly to consumers. (Examples include restaurants, supermarkets and home grocery delivery services.)

•Businesses transporting molluscan shellfish (such as oysters, clams, mussels or scallops) that are certified and inspected under the requirements established by the Interstate Shellfish Sanitation Conference’s

The European Commission Takes Back the Reins on Novel Food

With the continuing influx of foreign foods, algae, insects, microorganisms and foods with new molecular structures in our diets, the European Union has decided to put in place a harmonized procedure to vet – or not – these “novel foods” before they are placed on the market. This procedure is set out in the recent EU-wide Regulation which will enter into force beginning 2018. “Novel food” is defined as any food product which was not generally consumed in the European Union before 1997 (the date of the first European legislation on this subject) or innovative food developed using new technologies.

Bryan Cave lawyers Kathie Claret and Raphael Roditi prepared this article on the new regulation, which will be of interest to food manufacturers and importers in the EU.

The attorneys of Bryan Cave Leighton Paisner make this site available to you only for the educational purposes of imparting general information and a general understanding of the law. This site does not offer specific legal advice. Your use of this site does not create an attorney-client relationship between you and Bryan Cave LLP or any of its attorneys. Do not use this site as a substitute for specific legal advice from a licensed attorney. Much of the information on this site is based upon preliminary discussions in the absence of definitive advice or policy statements and therefore may change as soon as more definitive advice is available. Please review our full disclaimer.