REGULATORY NEWS FOR THE WEEK OF MARCH 25, 2024

• Associations recommend changes to compositional standards of grain, bakery products

(Food in Canada – March 7, 2024) The Baking Association of Canada, the Canadian National Millers Association and the Canadian Pasta Manufacturers Association are asking the federal government to change compositional standards of some grain and bakery products. This is in response to Health Canada’s consultation request about its proposal to modernize regulatory frameworks governing food additives and compositional standards, microbiological criteria and methods of analysis for food.

• FDA currently reviewing Titanium Dioxide

Titanium dioxide (TiO2) is a synthetically produced white pigment, manufactured from naturally occurring ores. It is regulated by the FDA as a color additive and used in a variety of FDA regulated foods, such as bakery products and candy. The FDA is currently reviewing a Color Additive Petition filed on April 14, 2023. The petition asks the FDA to repeal section 21 CFR 73.575 to no longer provide for the use of titanium dioxide in foods. The FDA allows for the safe use of TiO2 as a color additive in foods according to the specifications and conditions, including that the quantity of titanium does not exceed 1% by weight of the food, as stated in FDA regulations (21 CFR 73.575). FDA did not identify concerns related to potential genotoxicity based on the data available and noted that TiO2 did not cause cancer in National Toxicology Program (NTP) carcinogenicity studies.

• Travelling for Easter? The Canada Border Services Agency gives tips for a smooth trip

The Canada Border Services Agency (CBSA) reminds travellers of what to expect when crossing the border over the Easter long weekend.

• B.C. takes action to hold companies accountable for hurting people

British Columbia (BC) is going after wrongdoers to recover the costs of public-health harms their products cause to people.  With this legislation, government will be able to claim public costs, such as hospital treatments and doctor appointments, as well as proactive and preventative measures used to address the risk of disease, illness or injury. In addition to companies as a whole, directors and officers of those companies can be held liable.

• Saskatchewan horticultural company fined $70,000 for serious workplace injury

The company was fined for contravening clause 3-1 (a) of the regulations (being an employer at a place of employment, fail to provide and maintain plant, systems of work and working environments that ensure, as far as is reasonably practicable, the health, safety and welfare at work of the employer’s workers, resulting in the serious injury of a worker). The charges stemmed from an incident where a worker was seriously injured while attempting to dislodge a pallet and bale of peat moss.

• Ontario issues announcement on workplace safety and the upcoming solar eclipse

On April 8, 2024, North America will experience a total solar eclipse; the Moon will pass between the Sun and the Earth, completely blocking the face of the Sun from our view. This will cause the sky to darken as if it were dawn or dusk. The event will occur between 2 and 4 p.m., depending on your location. Looking directly at the sun can cause temporary or permanent damage to the eyes without the use of specialized eyewear. Employers should conduct a risk assessment and take measures to protect their workers accordingly.

• New Brunswick mandatory training for new truck drivers beginning in April

New transport truck drivers will be required to take an approved training program before being granted a Class 1 licence, effective April 1.

• List of Select Chemicals in the Food Supply Under FDA Review

The FDA assesses the safety of exposure to chemicals in the food supply. This includes ingredients considered generally recognized as safe (GRAS), food additives, color additives, food contact substances, and contaminants. The table published in the report includes select food ingredients (including food and color additives), food contact substances, and contaminants under FDA review as of March 4, 2024, and includes titanium dioxide.

• Food Additives: Food Contact Substance Notification That Is No Longer Effective

The Food and Drug Administration (FDA or we) is amending its regulations relating to the procedures for determining that a premarket notification for a food contact substance (FCN) is no longer effective. The final rule provides additional reasons that could form the basis for FDA to determine that an FCN is no longer effective. The final rule also ensures that manufacturers or suppliers have the opportunity to provide input before we determine that an FCN is no longer effective. We are making these changes to allow FDA to respond better to new information on the safety and use of food contact substances (FCSs), as well as manufacturers’ business decisions, and also improve the efficiency of the premarket notification program. This rule is effective May 21, 2024.

• USDA Seeks Public Input on  Deregulation of Maize Developed Using Genetic Engineering

The U.S. Department of Agriculture’s (USDA) Animal and Plant Health Inspection Service (APHIS) is inviting public comments for 45 days on a draft environmental impact statement (EIS) and draft plant pest risk assessment (PPRA). APHIS prepared these documents in response to a petition from Bayer CropScience U.S. seeking to deregulate their MON 87429 corn cultivar.

• Toxic chemical releases have declined 21% in 10 years according to Toxics Release Inventory data

The U.S. Environmental Protection Agency released its 2022 Toxics Release Inventory (TRI) National Analysis showing that environmental releases of TRI chemicals from facilities covered by the program were 21% lower in 2022 compared to 2013. This includes a 26% decrease in air releases. During this 10-year period, releases from manufacturing facilities decreased by 9% while the value added to the U.S. economy from manufacturing increased by 14%. While overall releases increased by 1% from 2021 to 2022, there was a 6.5% increase in the number of pollution prevention activities reported under the TRI program compared to 2021.

• EPA ban on asbestos

The U.S. Environmental Protection Agency (EPA) announced a final rule to prohibit ongoing uses of chrysotile asbestos, the only known form of asbestos currently used in or imported to the United States. The ban on ongoing uses of asbestos is the first rule to be finalized under the 2016 amendments to the nation’s chemical safety law, the Toxic Substances Control Act (TSCA), which received near-unanimous support in both the U.S. House of Representatives and the Senate. The action marks a major milestone for chemical safety after more than three decades of inadequate protections and serious delays during the previous administration to implement the 2016 amendments.

• IARC hosts the Advisory Group to Recommend Priorities for the IARC Monographs during 2025–2029

The International Agency for Research on Cancer (IARC) is hosting the meeting of the Advisory Group to Recommend Priorities for the IARC Monographs during 2025–2029 on 19–22 March 2024 in Lyon, France.

• European authorities will work together to improve risk management of chemicals

The European Chemicals Agency (ECHA) two-day workshop discussed how to make authorities’ risk management of substances, or substance groups, more impactful while increasing transparency and predictability.

• Consultation on chlorpyrifos as a persistent organic pollutant

The European Chemicals Agency (ECHA) invites interested parties to comment on the draft risk management evaluation for chlorpyrifos. This substance has been proposed for listing as persistent organic pollutant under the Stockholm Convention. Have your say until 8 May 2024.

Safety Share

• Use household chemicals safely

Household chemical products, such as cleaning liquids and powders, drain cleaners, paint and paint thinners, liquid laundry detergent packets and windshield washer fluid can be dangerous. They can cause poisonings, burns, fires or explosions if not handled safely.

Have an event you would like to share? Please send details to [email protected].

• GlobalChem – March 25-27, 2024 – Washington, DC

GlobalChem remains the chemical industry’s premier policy and regulatory conference. This annual gathering of industry professionals offers a valuable opportunity to not only review recent developments in global chemicals management but to also meet and reconnect with your industry peers and key government representatives.

• Petrochem Canada West – April 2-3, 2024 – Calgary, Alberta

Weaving together technical application presentations with case studies and project overviews, ensure your seat at the table for this important plant operations conference!

• CANECT24 – April 23-25, 2024 – Vaughn, Ontario

Plan to attend Canada’s premier environmental event, as it returns to a fully in-person format that is designed to meet your compliance needs, and connect you to experts and peers.

• Toronto Bakery Showcase – May 5-6, 2024 – Toronto Congress Centre

The Baking Association of Canada’s national baking industry event will feature a bustling trade show and conference, inspirational speakers, education sessions, competitions and demonstrations and countless opportunities to network and benefit your business.

• NFPA Conference and Expo – June 17-19, 2024 – Orlando, Florida

Collaborate and network with thousands of your colleagues, experts from several industries, and NFPA staff on life, fire, and electrical safety innovation at the 2024 NFPA Conference & Expo.