FDA's New Regulations for Food Processors: The Devil is in the Implementation

by Thomas McGarity | September 14, 2015

At long last, the Food and Drug Administration has promulgated two critical regulations implementing the Food Safety Modernization Act of 2011 (FSMA).  The regulations flesh out the statute’s requirements for facilities that process human food and animal feed.  Of the regulations that FDA has proposed in order to implement the FSMA, these are perhaps the least controversial.  Indeed, they have won praise from everyone from the Grocery Manufacturers Association to the food safety director of the Pew Charitable Trusts.  This blog post focuses exclusively on the regulations governing human food. 

The regulations require all processors of human food to prepare and maintain plans for ensuring that their products are not contaminated with pathogens.  A processing facility must conduct a hazard analysis and institute preventive controls to mitigate the hazards identified in the analysis.  The company must monitor those controls, conduct verification activities to ensure that the controls are effective, take appropriate corrective action when the controls fail to ensure against future failure, and maintain records documenting those activities. 

These requirements are consistent with, although not identical to, the hazard analysis at critical control points (HACCP) programs that were initially developed by the Pillsbury Corporation for ensuring the safety of the food that accompanied NASA astronauts into space and that FDA has required for seafood processors.  HACCP represents a scientific approach to food safety that has the potential to greatly reduce the incidence ...

Labor Board's New 'Joint Employer' Standard Offers College Football Players a Second Chance

by Katie Tracy | September 10, 2015
Marking a victory for workers, on August 27, the National Labor Relations Board (NLRB) issued a highly anticipated decision in the case of Browning-Ferris Industries, updating its overly restrictive standard for determining “joint employer” status for purposes of collective bargaining. The decision responds to the increasing reliance on contingent work arrangements that often involve multiple employers, and reflects the Board’s recognition that its application of labor law must be adjusted to address the realities of today’s economy. Much of the ...

Guess Who Benefits from Regulating Power Plants

by Daniel Farber | September 08, 2015
The answer will surprise you. What parts of the country benefit most from the series of new EPA rules addressing pollution from coal-fired power plants?  The answer is not what you think. EPA does a thorough cost-benefit analysis of its regulations but the costs and benefits are aggregated at the national level. In a new paper, David Spence and David Adelman from the University of Texas break down these figures on a regional basis.  What they found may surprise you.  In fact, the areas benefitting ...

Septic System Pollution and the Unheralded Value of Maryland's Environmental Funds

by Evan Isaacson | September 03, 2015
The Bay Journal published another interesting story this week by Rona Kobell about the perseverance it took by some residents and officials of rural Caroline County, Maryland, to finally address the failing septic systems plaguing their community.  The story even highlights how some local officials, after decades of trying to find a resolution, died waiting for it.  In addition to the residents of Goldsboro, Greensboro, and other towns near the headwaters of the Choptank River, another long-suffering character in the ...

From Energy Consumerism to Democratic Energy Participation

by Joseph Tomain | September 02, 2015
The essence of the argument that a new energy and environmental politics is needed is based on the idea that our traditional energy path (as well as its underlying assumptions) has outlived its useful life; the traditional energy narrative is stale. Cheap, but dirty, fossil fuel energy has played a significant role in contributing to economic growth and to the political authority of the United States for most of the 20th century.  By the end of the century, however, the ...

CPR Submits Comments on Labor Department Guidance for Ensuring Federal Contractors are Complying with Labor Laws

by Katie Tracy | September 01, 2015
Every year, the federal government awards private firms billions of dollars in federal contracts. The contracts are supposed to go to “responsible” companies, but that isn’t always the case. According to the Government Accountability Office, between 2005 and 2009, the Department of Labor’s Wage and Hour Division issued 25 of its 50 largest fines against 20 federal contractors who later received over $9 billion in contracts in 2009. Over the same period, the Occupational Safety and Health Administration issued 8 of ...

Extreme Weather and Climate Disruption Since Katrina

by David Driesen | August 28, 2015
CPR’s Unnatural Disaster report pointed out that current energy policies favoring fossil fuels made it “more likely that there will be disasters like Katrina in the future.” It explained that global climate disruption increases temperatures thereby causing sea level rise, a big threat to the Gulf Coast, and that climate disruption models suggest a shift toward extreme weather events. Since Katrina, we have certainly seen lots of extreme weather. Perhaps most reminiscent of Katrina, on October 30, 2012, Superstorm Sandy ...

Katrina and the Democratization of Energy

by Joseph Tomain | August 28, 2015
Natural disasters such as Hurricane Katrina,[1] Superstorm Sandy,[2] and the typhoon that devastated Fukushima,[3] as well as technical weaknesses that caused the Northeast blackout in October 2003,[4] and regulatory failures that ended California electric industry restructuring efforts[5] share two commonalities.  First, they all affect the energy system at enormous costs in economic losses and in disrupted lives.[6] Indeed, severe weather events are the leading source of electricity grid disturbances in the US with 679 widespread power outages between 2003 in 2012. Those outages have been estimated ...

Ignored Facts, Distorted Law, and Today's WOTUS Injunction

by Dave Owen | August 28, 2015
Earlier today, a federal district court judge in North Dakota enjoined implementation of the new Clean Water Rule (also known as the Waters of the United States rule).  And if ever there was a judicial opinion begging for prompt reversal, this is it.  EPA and the Army Corps of Engineers put years of effort into that rule, and drew upon an extraordinary number of studies to arrive at their position.  The court pretended—among other errors—that all that effort and evidentiary support simply ...

Ten Years After Katrina: Government Can Save Lives and Money

by Sidney Shapiro | August 27, 2015
With the ten-year anniversary of Hurricane Katrina upon us, looking back on CPR’s landmark report on the disaster reveals two essential public policy insights. One is that a series of government policy failures resulted in a far worse disaster than would have occurred if government had been more pro-active.  The second is that more effective government requires addressing and resolving what are often difficult policy issues, something that requires an ongoing dialogue and attention to what experts know and do not know about ...

Hurricane Katrina and the Perversity Thesis

by Thomas McGarity | August 26, 2015
In Albert O. Hirschman’s brilliant analysis of conservative responses to progressive social programs entitled The Rhetoric of Reaction, he identifies and critiques three reactionary narratives that conservatives use to critique governmental programs -- the futility thesis; the jeopardy thesis; and the perversity thesis. The futility thesis posits that governmental attempts to cure social ills or to correct alleged market imperfections are doomed to fail because the government cannot possibly identify the problem with sufficient clarity, predict the future with sufficient ...

New Video from CPR: Scholars Reflect on Lessons Learned (and not) from Katrina, 10 Years Later

by Matt Shudtz | August 25, 2015
Recently, six CPR Member Scholars sat down for an hour-long conversation about the lessons that policymakers have—and have not—learned in the years since Hurricane Katrina blew through the Gulf Coast and stretched our flawed flood-protection infrastructure past its limits. As explained in our groundbreaking report, Unnatural Disaster: The Aftermath of Hurricane Katrina, published just weeks after the New Orleans levees broke, the catastrophic consequences of the storm were the product of decades-long failures to protect our most vulnerable neighbors. In the ...

Bay Experts Debate Effectiveness of Nutrient Management

by Evan Isaacson | August 24, 2015
As readers of this blog and watchers of the Bay restoration process understand, states are under increasing scrutiny regarding their progress, or lack thereof, implementing the Chesapeake Bay Total Maximum Daily Load (TMDL) as we approach the 2017 midpoint assessment. But behind the scenes, a federal-state partnership known as the Chesapeake Bay Program is also tasked with working on the framework for tracking implementation of the Bay TMDL. This framework consists of establishing and improving many guidelines and protocols used ...

CPR Announces Appointment of New Board Members: Alyson Flournoy, Alice Kaswan, and Alexandra Klass

by Erin Kesler | August 18, 2015
Board Pleased to Welcome New Members with Expertise in Climate Change, Environmental Justice, Conservation and Energy Infrastructure The board of directors of the Center for Progressive Reform today announced the appointment of three new board members: Alyson Flournoy, Alice Kaswan, and Alexandra Klass. Alyson Flournoy is the Senior Associate Dean for Academic Affairs and a Professor of Law at the University of Florida Levin College of Law. Professor Flournoy's scholarship focuses on environmental ethics, decision-making processes under environmental and natural ...

How Much Longer Will it take for OSHA to Protect Workers from Deadly Silica Dust?

by Katie Tracy | August 18, 2015
Thousands of U.S. workers die every year because of on-the-job exposure to unsafe levels of crystalline silica, a toxic dust common in the construction, sandblasting, and mining industries. Even at the current legal limits, inhaling the tiny toxic particles poses a significant risk to workers of silicosis—an incurable and fatal disease that attacks the lungs—and other diseases such as lung cancer, tuberculosis, chronic kidney disease, and autoimmune disorders. If you’re exposed to silica dust at work or know someone who ...

The Clean Power Plan and Environmental Justice: Part Three

by Alice Kaswan | August 17, 2015
On Thursday and Friday of last week, I blogged about environmental justice and the Clean Power Plan. My first post considered how stringent targets and the right incentives could lead to significant aggregate reductions that will indirectly lead to reductions in co-pollutants that have a disproportionate impact on of-color and low-income communities. Friday, I examined the plan’s distributional effects and its provisions requiring community engagement. Today, I’ll examine provisions intended to help overburdened communities benefit from a transition to genuinely ...

The Clean Power Plan and Environmental Justice: Part Two

by Alice Kaswan | August 14, 2015
Yesterday in this space, I discussed how stringent Clean Power Plan targets are critical to achieving significant aggregate co-pollutant reductions that will indirectly benefit many overburdened communities. Today, I turn to classic environmental justice issues: the distributional effects of the plan and its community engagement provisions. As I explained in my short essay in CPR’s policy paper, The Clean Power Plan: Issues to Watch, it is difficult for EPA to directly control the plan’s distributional effects given the realities of ...

Farm Bureau Loses Another Clean Water Case

by Evan Isaacson | August 14, 2015
This week provided another important legal decision in the fight to regulate polluted runoff from agriculture.  A California lower court on Tuesday ordered the State Water Quality Control Board to reconsider its ineffective regulations on agricultural operations in the Central Coast region.  Judge Timothy Frawley of the Sacramento Superior Court ruled in favor of the Monterey Coastkeeper, the Otter Project, and other environmental and commercial and recreational groups, as well as a resident who could no longer drink her tap ...

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