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FDA’s Declared War on Sugar

Take a look at any food label. Check out the back panel entitled “Nutrition Facts”. It should look similar to the image on the left. Take a look at the total carbohydrate. In this sample, the total carbs is 37g, with 4g of dietary fiber, and 1g of sugar. That leaves 32g of carbohydrates unaccounted for! What are those carbs you might wonder? Well, a majority of them are added sugars.

On May 20, 2016 the FDA finalized the new Nutrition Facts label final rule for packaged foods. It was the first major update, and regulation, to the nutrition facts label in 20 years. The FDA’s regulation targeted sugars, in particular “added sugars”, and provided a major update to the amount of nutrients people customarily consume. Additionally, the nutrition facts label received a face lift.

Total Sugars and Added Sugars

Total Sugars, Sugars, and Added Sugars, what’s the difference? Total sugars will be replacing the declaration of sugars in the label. Total sugars include all sugars present in the food product, including added sugars. Sugars include the sugar content of the main ingredients. For example, if you have a juice, sugars represent the sugar level in the fruit added to the juice. Added sugars are either added during the processing of foods, or when packaged. Food manufacturers utilize added sugars to make products sweeter or to include […]

By Jennifer Diaz|2016-06-03T00:40:17-04:00June 3, 2016|Enforcement, FSMA, Labeling, U.S. Food and Drug Administration (FDA)|0 Comments

Keep Calm and FSMA Doc On!

The Food Safety Modernization Act (FSMA) is the Food and Drug Administration’s (FDA) most comprehensive reform of food safety regulation. The full Act can be found here. The FDA’s main goal is to make food safer through every step of the process, starting at farms. Imported food is also covered under FSMA, which makes sense as imported food now accounts for approximately 15% of food consumption in the U.S. Rather than focusing on the inspection and response to contamination, the goal of the FSMA is to prevent contamination. Diaz Trade Law covered the changes on June 11, 2015 here.

President Obama signed the FSMA into law on January 4, 2011. FSMA will be implemented slowly in a staggered manner and will be fully implemented by the end of 2017. Implementation varies based on the particular food, company size, and situation, since the FSMA applies to such a broad category. Diaz Trade Law can assist you in learning the basic requirements for FDA regulated products here.

Companies affected by the FSMA will be any company in the food supply chain. Any company that imports, distributes, grows, produces, packages, transports or sells any type of food must be compliant. The company that owns the food is the company responsible for creating a food safety plan. That means that companies that store, carry, or transport the food do not need a food safety plan, but they still must be FSMA compliant.

Diaz Trade Law has compiled 3 top tips to successfully follow […]

By Jennifer Diaz|2016-05-12T21:51:32-04:00May 12, 2016|FDA Issues, Food, FSMA, U.S. Food and Drug Administration (FDA)|0 Comments

Food Importers – FDA Issues New Guidance Aimed at Expediting Your Importations

The FDA Food Safety Modernization Act (FSMA) is the most sweeping reform of our food safety laws in more than 70 years and was signed into law by President Obama on January 4, 2011. FSMA aims to ensure the U.S. food supply is safe by shifting the focus from responding to contamination to preventing it. FSMA requires FDA to establish a voluntary, fee-based program, named the “Voluntary Qualified Importer Program” (VQIP) which promises expedited review and importation of foods from importers who achieve and maintain a high level of control over the safety and security of their supply chains.

On June 4^th, 2015 the FDA published a draft version of “Guidance for Industry: FDA’s Voluntary Qualified Importer Program (VQIP)”. According to FDA’s website, VQIP will also benefit consumers by enabling the FDA to focus its resources on high risk foods, further protecting consumers from the potential health hazards associated with those foods. In order for a food importer to be eligible for the VQIP program, the importer should:

Have at least a 3 year history of importing foods
Have a Data Universal Numbering System (DUNS) number
Use a paperless filer/broker who received a passing rating during their last FDA evaluation
Import food that is not subject to an import alert or Class 1 recall
Not be, nor any non-applicant entity associated with the VQIP food be, subject to an FDA administrative or judicial action, have a history of significant non-compliance with food safety, or have one or more […]

By Jennifer Diaz|2022-07-07T10:39:22-04:00June 11, 2015|Best Practices, Food, FSMA, Import, U.S. Food and Drug Administration (FDA)|2 Comments

FDA Helps Small Businesses Get Ready for New “Gluten-Free” Labeling Requirements

Wheat Stalk 100% Gluten Free Label Vector Illustration

According to the FDA, approximately 3 million people (or 1 in 133 people) in the United States have celiac disease (CD), including me. While there is currently no cure for CD, unfortunately, individuals who have the disease are advised to follow a strict gluten-free diet. Over time, the continued ingestion of gluten by Celiacs triggers the production of antibodies that attack and damage the lining of the small intestine. Such damage hinders the absorption of nutrients, which leads to an array of severe health issues. This makes truthful gluten-free labeling essential for a Celiac’s survival, and celiac’s like me ecstatic that the “gluten-free” claim will be enforced, come August 5, 2014. If you manufacturer a food product, and are not ready to comply, read on.

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By Jennifer Diaz|2021-03-26T14:09:13-04:00July 8, 2014|Best Practices, FDA Issues, Food, FSMA, Gluten Free|0 Comments

FDA Issues Final Compliance Policy Guide for Food Facility Registration

The U.S. Food and Drug Administration (FDA) has issued the “Compliance Policy Guide Sec. 100.250 Food Facility Registration – Human and Animal Food” (the CPG). The CPG provides guidance for FDA staff pertaining to the enforcement of the food facility registration provisions of section 415 of the Federal Food, Drug, and Cosmetic Act (FD&C Act), which were amended by the FDA Food Safety Modernization Act (FSMA). Under these provisions, any food facilities which manufacture, process, pack or hold food for human or animal consumption in the United States must be registered with the FDA. Additionally, each registered facility is required to biennially renew their registrations with the FDA. The CPG further describes the FDA’s authority to suspend a food facility’s registration.

In April 2013, the FDA published a draft of the CPG and of the two comments received, no significant changes were recommended to the draft CPG. Therefore, no substantive changes were made from the draft to the final version of the CPG.

Please note that this CPG replaces the previously issued “Compliance Policy Guide Sec. 110.300 Registration of Food Facilities Under the Public Health Security and Bioterrorism Preparedness and Response Act of 2002.”

If you wish to obtain additional information on which food facilities must be registered with the FDA, or if you would like assistance in registering your food facility, please feel free to call me at (305) 260-1053, or email me at JDiaz@bplegal.com.

By Jennifer Diaz|2022-07-07T10:18:37-04:00June 2, 2014|FDA Issues, Food, FSMA|1 Comment

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