Document mLRR2rpYymKZKjw6dZaXvVR0

4 JOSrPH E, KELLEH JEROME II, HECKMAN CHARLES M MEEHAN WILLIAM h DOBGHBSANI. JR. Robert n tiernan WAYNE V II LACK DAVID L HILL MARI IN' W HERCOVICI MARC K SHAYE LAW QFFTGTiS Keller axe Heckman 1150 17T" STREET, X, W, SUITE 1000 WASHINGTON, D. O. 20036 September 14, 1971 TELEPHONE iioe CABLE ADDRESS " KELMAN" TO: All Members of the SPI Food, Drug and Cosmetic Packaging Materials Committee Gentlemen: The purpose of this letter is simply to call your attention to the fact that we have now completed a long-planned move into quarters in Suite 1000 of a new office building at 1150 Seventeenth Street, N. W. Actually, we have only moved two blocks from our previous location. Our fa] ijrnK0 IT **Tj, 1 1 romain S<r*TT)P* We would appreciate it if you would correct your records to reflect the new address and hope that perhaps you will have an opportunity to visit us sometime soon so that we can host you on a tour of what we consider to be a very much improved facility. AsI~pR 01064 JOSEPH E, KRlXEtt JEROME H HECKMAN CIIAKLKS M MEEHAN WUXI AM 11 BOHGtlE^ANl JR ROHE IfT R, T IE IfNAN WAYNE V BLACK DAVID L HI IX MAlt'lIN W HEROOVICl MARC K SHAVE TO: I-aw orncts Keixeh and Heckman 1130 17T" STREET, N. W. SUITE lOOO WASHINGTON, I), C. 120036 September 14, 1971 SPI Food, Drug, and Cosmetics Packaging Materials Committee TELEPHONE 202 206-2100 CABLE ADDRESS 'KELMAN" Gentlemen: For the benefit of those of you who may not receive Food Chemical News on a regular basis, we have obtained permission from our good friend, Lou Rothschild, the publisher of the publication, to duplicate and send to you pages 6 through 13 and 26 and 27 of the current issue. I am sure you will have no difficulty whatsoever in realizing why we thought you would be interested in seeing the Food Chemical News coverage of our FDA-SPI Seminar, and also the coverage given a paper I presented at. a P-- ^ W -i, CA. J_ V__i_WAA ^ 4- ~ .L >-+ W- VV -V V_ j'v # As indicated in the FCN write-up, transcripts of the Seminar will very soon be available from Joe McDermott of SPI. For those of you who attended the session on June 18, copies will be sent automatically since your registration fee covered the cost of the transcript. Those who were not present should write to Joe for their copies. Incidentally, I believe he has decided to have the document offset printed so it may yet be a few days before it is actually in the mails or available. As far as my paper at the Federal Bar Association meeting is concerned, I am taking the liberty of sending each of you a copy herewith on the theory that you might find it of interest. Your comments after you have ASI-PR 0001065 September 14, 1971 Page Two a chance to look the paper over would be most welcomed even if they are quite adverse. Do remember that, in this presentation, I was speaking as a lawyer and not for the Society. ASI-PR 0001066 Paor> 6 Septc- mber 13, 1971 FOOD C HEMICAL NEWS STAMFORD RESEARCH LINING UP 35 COMPANIES FOR PROTEIN STUDY A hall million dollar 35-company research project proposed by Stanford1 Research Institute in designed to foretell the market for protein enriched foods Iqi the U.S. and a dozen other countries. Stanford's research protocol for the study said, "The use of protein isc lates (derived from natural food materials) and of synthetic protein materials In processed foods will be a key element in the future of many food related i idustries." The study, which is to assess the difference between protein supply ai d demand through 19 85, among other objectives, will concentrate on "developed' countries in addition to the United States: Japan, United Kingdom, West German y, France, Italy, the Netherlands, Belgium, Luxemburg, Sweden, Norway, Denma ik and Switzerland. Stanford said that while the production of high quality protein-ha-s been generally sufficient for human needs in most of the advanced countries, these na tions continue to be net importers of protein. The study protocol continued, "Howeve recent indications are that some new protein-based fabricated foods may be expected to gain in sales and be considerably more profitable," i t-l 11`- j_>i Others include: * l11is i-lti ltUri ,r,' - tti _ , _ .. li. - . i * .... x . ,, r vvOuiu jdc cuhUii^ uiiti cit'ihtuto Gj. nu- J LUU I - -Analysis and projection of major advancements in food-grade protein processing tech nology and protein production costs. - - Identification of indigenous and imported protein materials and other ingredients required to produce protein-based food products. - - Estimated profitability of new processing plants. - - Summary of estimates of potential markets for each protein-based food product by country and in total. FDA CONSULTING WITH INDUSTRY ON PACKAGING PETITION GUIDELINES Food and Drug Administration staffers have been consulting with industry representatives tn developing a revision of the Guidelines for Chemistry and Tech nology which spell out data required by the agency in Food Additive Petitions for pack aging materials The revision of the Guidelines was previewed at a seminar co-sponsorep by the Society of the Plastics Industry and FDA in June (See FOOD CHEMICAL NEWS, June 28, Page 10). Actually, the draft previewed at the meeting is believed to have undergone considerable re-drafting by this time. ASI-PR 0001067 ptcmber 13, 19 71 Page 7 FOOD Transcripts of the all-day meeting, which was vitally Important for th e indirect additives industry, nave now boon made availaole from SPI at $15 per copy, They are available from Joseph 3. McDermott, The Society of the Pla itics Industry, Inc., 250 Park Avenue, New York, Nov; York 10017. Inviting comments mom SPI and its members, Albert Holtz, of FDA's Ep lvision of Chemistry and Physics, said at the seminar, "If any of the data we said should be submitted for the various categories is excessive, superfluous, w would like to hear from you and know wiry you tb.Mk so." Nathaniel L. Geary, director of FDA's Division of Petition Processir. said: "... We would like ... to invite SPI to sit down and . . roll up your sleeves with us, and let's hash over them (the Guidelines) , because what we want is something that is practical, something that is useable and something that industry can live with. "At the same time we have to recognize that FDA will not sacrifice anything with respect to safety and I am sure the industry feels the same way that FDA should not. But I agree with you that the information that we request Should to tho uhi^t HorJ not tnat would just oe nice zo nave, , , . Vve idryti date to get procedural guidelines in this particular area, chemistry and technology, out by the first of October." In an exchange with SPI Attorney Jerome H. Heckman, of Keller and H eexman, Geary indicated that the theory of "toxicological insignificance" may not be dead, but may be negotiated after the FDA issues its toxicological criteria for food additives. This is to be a more formal document than the informal Gik idelines for Chemistry and Technology, which are simply to be "how to" documlents on how to prepare Petitions. Heckman postulated that for a specific indirect additive migration is no more than 0.05 p.p.m, and that "toxicology is sufficiently familiar ... so tha|t it would have no problem if 0.05 p.p.m. were extracted ..." The lawyer as ked if "under these circumstances would you be prone to issue a letter agreeing th^ t that was a non-fcod additive?" Dr. Joseph McLaughlin, Jr. , of FDA's Reproductive Physiology..^ Branch in the Division of Toxicology replied: "The answer would probably be at th|s time you would not get a letter." Asked why, the FDA-er added: "Because we still would consider that there is possible migration up to 0.05 p.p.m. Now, if we took the other approach, and with a sensitivity, say, down to some what lower, then you might get such a letter. You see, this is the crux right now as we read the law. In any ASl|"PR 0001068 September 13, 19 71 Pag fe 9 TOOD CH SMICAL NI7vV3 "For that reason, I think we should be able to establish some Guidelines m ChcrmsUy and Tccnnoioav as veil as in toxic o log y that can perm it u lo cop,elude the !degree of migration is * . insign Hi c it in some areas, d ind ve ry low or<'-hir oi nagnituda n o tp.ers without col *1-!*,'-JV nac an d repeat! riq on qvary- _'oo:i y-' ?! ng ing compor.e>v1 t; ,e sa me sort oi' thing , and got ng t' n lough the detail, th o chemical doc u m a n tat ion for t1'\\ s low level of mig;"drion. "With 12 /ears of experience, I w'ould think that the FDA could come up with some guidelines. That a certain pro duct isn't going to contribute any more than 2 p.p.m. to the food without going over again what has been done on a half a dozen antioxidants or similar physical products. It seems we are per actuating this overkill and I was hoping these Guidelines would give us simplified procedures ..." Heckman urged that the "Guidelines should not only say what data shoul 3 be required, but to some degree should state narratively what the objective is and why you are doing these things." He suggested that the Guidelines exp ain "the difference between the kind of testing you need to do to satisfy Petition "e quire - mr-r,,f2 !ii + ic much T.CTG GXtGHsiVG than what IS IP* & P* GnC'-lGS L i (f J U iri l IU U / j Li'icj Oi'iU" ii?5l i"<dg lLj.ci l id u to i'cu:i/ ; you come up with as a quick and dirty way only after you are satisfied th at it will correlate with the basic work." Discussing the possibility of FDA issuing letters regarding the status of specific indirect additives, McLaughlin said, "If your product complies with the regulation as spelled out, you are entitled to write and advise your customer you are covered according to the regulations." He added, "If you . . . wish to come in with a pro duct and ask if we will put in writing that your product definitely is covered by the regulation" data must be provided "to back it up." Heckman responded that in the light of these comments, "my own person al recornmendation would be that if you determine that your product complies with the regulation, you so advise your customer - - and not go near the FDA to ask a ny of these silly questions." The attorney explained that "it is obvious that if you dio ask those questions, you are going to be asked some questions in return." Heckm an said that "the answer-a-question-with-a-question bit . . . can go on forever and often does at FDA." Holtz said that a major change In the revised Guidelines, as they were c, rafted at the time of the seminar, is that "we will request detailed information only for the petitioned additive." He explained, "We would, therefore, suggest that petitioners formulate food contact surfaces for extractions only from regulated pertir ent materials where extractants would interfere as little as possible with analysis for the petltloned additive." ASI-PR 00C 1069 e. 10 t 13, 1971 FOOD CHEMICAL NEWS The enrr * r; t Guidelines, Holtz explained, "had questions on everything th4t was used m the toed contacting surfc.ee," whereas the revision will ash only " for the necessary infermawon for the Derationed additive." H C` 1 "C 'Z P" 3 G if r* } ' l \ C: t < wi!l be sep- arate- Gvbdaiines for ;pape- r a- n- d rpaperboard comp-'r'Pts , sayii'.g that a sepa-wia seminar or. paper extractives will be h eld in cooperation v/Lth Lite Ameucon Paper Institute and/or TAPPI. The FDA-or said that paper applications "do not generally lend themselves to ecu ilibrium extraction recoil emer.ts, " so that "we are faced with a great variety ol interpretation of migration conditions which have in the past not been readily fitted with uniform extraction guideline programs." Geary said that, "What we want to do,is, rather than confuse the Guidelines for paper or plastics in the same sets, put one out for the plastics industry in parti cular." Most of tno changes m the proposed revision of the Guidelines would concern extraction testing. Holts outlined the major changes, as follows: " C\-> , * C* 1 ' W* -s ~ ,, J. . , ' ' ' ' . * . J - - -- --- s- `-I w . W * w * * wo * til wC UlUt.4)' GlltG toward practical pac/aging applications which permit suf ficient storage time to result in equilibrium extractions as exemplified by single use containers. "... A second type of equilibrium extractions which we will discuss are those represented by repeated uses resulting from, food contact surfaces used in food handling and processing operations." Discussing deficiencies frequently encountered in Petitions, Holtz said the: Petition often "proposes a broad regulation without any limits and then proceeds to perform extractions which seem to cover the most likely uses but these fall short of the unlimited coverage requested by the regulation." He suggested that if a Petitioner "is uncertain concerning the extraction data which he will need to obtain the coverage he desires, it would be best that he contact the proper FDA sources to assure himself that complete details and a full understanding of the Petition requirements b|ave been reached." Another deficiency, Holtz said, results' from Petitioners being "unaware of" interpreting the current Guidelines, particularly as regards extraction testing requirements. Misunderstanding of extraction requirements , Holtz said, " frequently results in extractions being run as listed under the particular regulation end-test which the Petitioner is seeking." These end-test extractions are included in 121.2514 for resinous and polymeric coatings and 121.2526 for components of paper and paperboard in contact with aqueous and fatty foods. The FDA-er said "thes? ASI-PR 0001070 conditions and all end-tests appl't only to already regulated rrefeH?iis and ntot Page 11 September 13, 19 71 FOOD CHEMICAL NEWS to newly Petitioned additives." He said the end-tests "are generally rapid tests which are intended to show that formulations of regulated materials or compositions c o i r. i ith. r he intoneled condition.s of use it Pel: ` ` 'v ;tS ; r nrra i eyff 0 PCCBuSt';;* OI QUO! ions c< s art _i C - -3 , ri o:1 - 7 o ,r- : ' ' vxulain mg " Th o s e fom j. ]w u witn ira'i G .T:es Ot CO GO* i e r. r.s, ms Lie a. o l '* s C =' e r icr,i Ji. 1f r- cv..,` r1i-- >- i l v^r ci l L o ri O S 0 t [ : our rear"i'J I ` G 1 ; s # j hese re S u 11t in exc s ivc} tmi 0 and m Do o `J hence before the com- pos:i tlO " s nr 0 properly pro s e n t o d for de:ta \1 c d eva lu; Dr. Em.73 o . Huenni / i-- ireefor of the Div is ion of met:t oc ol; 9 : f as folio-a* s: .M From th! 0 S tandpoi nt of r egul utoi y I thin;V lb L S O rJ v:oiJ/S thc*t a :n e t f.oc; i C nor.ma that can be used i M l it O S t la:ocra tome:'S 1 V oh- Lrooien . ill ,iii. particular or.ase erned with estnb- lishlag basic data, for us is "ot cuue- t? r, ci m ncoo r tent. It may bo an entirely in-house operation for the purpose of generating such basic data. We have no quarrel with that. If the method in fact, hews-.-er, is intended as a ' *- - >- - **'1 ' m -- n- r* i- y ^ '`i 1 -Pi > r> thb ' } f i i c g ^ p n*i | ah') dnt co:r-:T.?rciC:iiy fivauaoie ana not too manly sp-ACiaimmi/! s cuscussec Holtz said the Guidelines are being simplified in that "we are telling you exactly what we want." He added; "You think that this is excessive. If you can show us in any simpler way that nothing is coming out, we will be glad to accept that presentation." Previewing the Guidelines, Holtz said that extraction tests should be ru n " (1) under the most severe anticipated temperature conditions; (2) using the highes t concentra- tion of the petitioned additive; (3) in the maximum contemplated thickne ss of food contact surface; (4) with the foods (or simulants) requested in the Petit ion coverage, For complete food coverage the simulants are 'water, 3% acetic acid. En % ethanol and heptane." PR 0001071 "Although in some cases limited solvent extraction may seem desirable, " Koltz said, "we recommend that extractions be run with all ..." Pie explained tha t: "(a) the availability of extraction and analytical material and equipment at the t me of Petition avoids a later reassembly; (b) very few foods are represented by single solvents; (c) . . we have attempted to reduce the necessary testing by limiting the acetic and alcoholic testing to the single sample and time period of water equilibrium; (d) in most previous limited extraction regulations. Petitioners soon apfjily for broader coverage." Noting that "test samples should nor be discarded until there is no further question of their need," Holtz said the tests "should be run over a time period to reach equilibrium, or maximum extractability, as gauged by at least three equivalent determinations." He said polymer samples having the lowest molecular weight anticipated in production should be used, and that identification of pertinent Page 12 S'*pv mbc-r 13, 19 71 FOOD CHEMICAL MEWS The extraction data, the FDA-cr said, 1 is tr /\ 'o\ t+ he time- ten r. .irature cycle (21 tit3 I V :. of samp l e, r.rea size, tin s hw,;]. I ;iSt a ziciaii.-XL Cromposuicn oi ' in tr.c1 f. I 'J c.ursi- ate; d.) s soi 3 " v ; ran. w -v ,rc r'uica:' is rha t of o *1 ir.de ;r 0 u:h sides of in should be collected in a table wh ch should Lbrium; 'his table ana ratio of simulated tt if trie art.a used in migration calculations Hot in.3 Fist LI S o W 1. j` ^ ,\3 fM ce i i is s be c'p:? 1 i J OI rescGL l o an in mors i or rger areas. He snd '' Thes c late _ur same-1 I? s p~r:oe"uide meore nmatmiul fer testing and can help to incre-ss the scII bit i - / o f a' IcliV sb," for ecu r'vsl ris, Holts said, the exposure time Hu LIS t. total at least 72 nours, and fer All ex tr.'-C IS me H simulants shoi the total new o laii'.e OX'tractri/OS , Holtz said, ; 3 necessary to show thje distribution between organic end incrgnirc fractions bv solvent .fractionation . . .!l T sst results should also identify the nature cf extractable.?, he added, for example, nj. c comers or low molecular weight freemens. Where regulations already have exisHng end tests. Holts said, the Petiti on extrac- tion tests should show "w!"ctr.jr tnsse practicable tests are adecuate for t'.oe auLatmiLe oi v/.oetner oT_,er end i-^'C-g nr-3 limit to oof (P. Juiub _ i i tj- 1,1 I w; d*" tion to the food cf the additive from practical packaging materials." Holtz said that "all families of polymers that are to be used with, a new adjuvant should be tested," and that if the adjuvant is a catalyst, the Petitioner should furnish "complete details covering the chemical nature, heavy metal composition, if any, function (and composition), intended uses and desired level, decomposition products, catalyst rate and other pertinent data relative to potential migration." The FDA-er said that room temperature extractions are to be run at 120 F. "to evaluate high temperature storage conditions encountered in warehouse and shipping." For repeated use articles, Holtz said, "the data must show the likely levell of migra tory additives contributed to the food during the first; use of the articles ar>d the level likely to be added during subsequent use." He added: "Such details may t - obtained from a continuous extraction . setup . . . under the most severe conditions of the product and with the proper simulated solvents. Periodically samples would be removed for identity and quantitative analyses covering first uses or batches and other significant periods until equilibria are obtained. The . . . testing area should be related to the exposed area during actual use. The weight or volume ratio of food handled over the useful life of the food contact surface should be submitted or estimated. Calculation based on the above data will consider the A3I-PR 0001072 Septem-r 13 19 71 Pag i: FOOD CK EMICA T A - - >' < ; equilibria migration levels as illstribute J cw-sr the entire quantity of food processes unless certain nuta 'dictate' otherwise. " ecru irem ents for idorHi H.xr.c or wHH::vo, Holtz said, y-ou-d include !'\ rtio; , if or.; ; Hi) it: cu ico. none 1 L lUU C' (3? nt.~.;n ccrai fcr"u v (H; or. ec.cv; :::i o 1 L l iG :m iG actuiir.g pr .? C -i. s S f n ellmine r. As1: o: ad S U v 3 r.ccs US' , 4 m m* ' r c o,x - r r a ^ i r-' K'.'! SprCifi cm. . US , r, 1 eqi an x ..3 mi a! c.ne' n- n i re::c:i n n s i.; - v' iJ ,r t Plus on y nreducuo r. co "Urol S l. sou; and (6) phys 1Cc2 1, c nc:"" c-U i a r u / 1 ' b'iok I ,, ^'J 'C a c u L L 0 8 r -i Jil.:.l. a- CVl VVi it eve The C- .1 i A' - X' 'h r1 MiS V ` 'J V ' r* v* ' ivJ-r a the folio ming data a c a H i u (] t foe U yens if i united; (2) max ur.um (O} IT: S. ' ^ -* hj cei L:i he s .red s sebs - ''"a z -'.p arm size p a: -my j S f rimur : L'J On CO'i area S i r G 3 cr: rosed used. ,,wuC 4i.- i indirect ature ard lieu- CVpCv s r a. r r;D-j qj -j a 3-, u uaxirr t!'i \ c hno s s ; and r 4) minimum 1Regan: ing in * n D N* a a tec!' ~ ioa effect, H --oft?, C h| J J] T' ,p nuid require a V ot ion f tne 1'irm * 7.71 G., 0 L w-i data show ng t uU-UI c ^ intr- xied erfect s dishedr a r*j, 1>-V ' nr "ce ft 11. i C '."1 L' P (I fro ' p4 O 1 ' 5tO"' Gl" JSi}h6 . Th 3 F :hA- ?r al so said data K'Q- 1 ] u be sub- m Ittec! shew .nj ri -t U> ^ 11 h pre rosad ;" i of use b t r. ar count not nor e tha n tnat requir ?d LO ^ ccor 0 1 ioh t ;e i mended e: Heel. rv, - r_r J- U - tn ^ i J , " - - - - ' * ^LLbvW" w' . - i L - t L. . iuc *wiiC'v# i.l (1) Outline cf pertinent procedural methods or complete reference to standard accepter one; (2) sens'tb'i:';' or the method expressed in weight figures; (3) samples of calibration curves and information on now they were developed; (-1) details of how calibration is done; (5) sam ples of curves used for analysis; (5) sample calculations based on the analytical curves end showing factors used to convert to mg. per square inch or p.p.m.; (7) conversion of mg. cer -"rore inch extractant to p.p.m. obtained by using a factor of 100, based on 10 grams of . being in contact with one square inch of package surface; (3) maximum extraction levels jr different food simulants; (S) heptane extraction values corrected by the permitted factor of 5; and (10) for some additives, a determination of the extractability relationship between edible oil and heptane. GIANT LAUNCHES NUTRITION LABELING TEST WITH FULL FANFARE Nutritional labeling costs very little, the President of Giant Food told a Sept. 8 press conference in which the food chain's cooperative experiment with the Food and Drug Administration was brought into the full glare of a publicity spotlight. Joseph Danzansky of Giant was accompanied by Giant consumer advisor Esther Peterson, Harvard's Dr. Jean Mayer, Sen. Hart (D-Mich.), FDA's Dr. Ogden Johnson, Director of the Division of Nutrition, James Turner, author of Th Chemical Feast, and others in a full-scale press conference. Giant also splurged on full page newspaper ads and a half-hour television show. ASI-PR <J)001073 Pace 26 September 13, 19 71 FOOD CHEMICAL ML Hitting the source declaration propose! as unnecessary in view of the fatty acid lob'-'hr.g proposal. Am.our said, "Our eisetwsion with concerned customers finds an almost unanimous ooinion that iw:- will specify she; toning ihat wil fit tile'r La.:.'o i armor man ouy t,.o most sconcw ,o ;D s:v;:`_en:ng -f the proposed section of tin reside co.w ;w: rule," resulting in ; igher unices. The Amoricar: bauunni C .ntlem en1 s Association urged the t FDA recruit; cal trror-r.u.ior.' o:- iaeels. Saying ihni some m ar.u fa ever wig technics to- two chend :.l sttur.ww-- of nd v. hother they are of animal or vecetnble crici n, ADDA wro in is means teat w . oppeais on idic label map not bo identical to v.-hc t originally went into tire ore,loot because of chances brought on by manufacturing : ,rr C 0 S Z '2 . '* The Association also stub that "there is quite a variaHcn as to location and percent of saturated, morc;;ifoU!Ceed end peb-unsatu-ated fees within an cr.im. i ~ Co a S , *' so that it wruld "be difficult, :f not impossible to accurately reflect in percentage' of fat content or - i - -v i Source labeling was also op pc of which sau.i it would raise d: by Day's Foods and by Fairmont Food u'ties in manufacturing potato cnips. both rbi Ktiuj iv.w-nu i h r, t ui in. V trim, wvi > NT. Imt'USL'kb hTTQw.MFV U/Vv y The Food a nd t,ru g d ,m i listration came under fire from, an industry lav r during a Sept. 9 session of the Federal Bar Association for the agency's failure to involve lawyers in staff decisions and its lacu of any general counsel qi its own. Washington attorney Jerome H. Heckman, speaking a: the session in New Orleans, pointed out that the man often referred to as FDA's General Counsel is, in fact, an HEW General Counsel. Heckman continued: "Indeed, since FDA's top legal advisor does not serve at the pleasure of the agency's Commissioner, he has sometimes been viewed as a sort of super-Comrnissioner who survives the frequent FDA reorganizations unscathed and unaffected." FDA lawyers, Heckman said, are never in evidence when important questions of procedure, legality of requests for supplementary information and the like are brought up . Ho continued: "With all due deference to some very dedicated staff people, we believe this type of FDA 'legal work' has led to the grossest type of distortion of Congressional intent, misuse of scarce scientific talent, and sets of regulations which are almost always so confusing as to make them meaningless to many experts in the field, muen less the public." ASI-F'R 0001074 313ptimber 13, l1-* 7 1 Much of what FDA handles as rule'": earned or. ar. a licensing fur.cDon :u b" ndm ' rils.rail'."; lav/v-;rs with wsw L , ''.t:*:- ! f: .-.: t'V.? use? CC 'Jl'-.. ioo 27 FOOD C A n> '*. q-> nr c : urc oe 'the u sr i icr s, cc.'r.c lv u o tnese two o:i-.-as ," ; LA 1 - or : . ?.bs celeb "W 3 ' *.-i e;: s ^ -- J. , . , 1 10 1 ;1: '' r in:.: 1 W to "> :ics , a 1 ud:u ore ~ie " 5 rcrpoorrMy, instead crop roo SCO . ,, .. 3. - e rd i.'-.d 'a ;c ' n cj -:'.un'r -, >. lc;o_: seme.: `To- ex-!" pro, FDA did nor s-ov , and still 3 no: ad.vivs prcoi :..;s ... I: "ns then nao an impose Enio time av.-::.11 tone 1 o o a ,t y c no: its s er--in p o s e . r s v w: s s io r: 3 ,1' As an example or the difficulty aniing, ro? noted that the average Mr 1 to procos a Food Adcitiye Petition is 134 days. Instead of 30 or ''even the 130 a Hewed as an absolute maximum. " TWO STATES GET "EQUAL TO" POULTRY INSPECTION POWER The Department of Agriculture certified two state poultry inspection programs as being "equal to" federal inspection last week, bringing the total o(f states in the program to 12. The new states were Nevada and Indiana. Both states, USDA said, had to develop poultry inspection laws and regulations, as well as inspection capability, in order to qualify. The Department also announced last week that it wiii hereafter make available to the public warning letters to firms "suspected" of violating meat an; poultry laws. Also to be released are records of meat and poultry detained under federal law Noting that the U.3. District Court in Baltimore and a U.S. Court of .Appeals had mandated tie action following a Freedom of Information Act suit, USDA str -seed that the warning letters "are sent to firms suspected of nunor vioiatio ns oi fed cm I meat and poultry inspection laws" and, "are sent without conclusive judgment that fhe firm is acfu.-'W of 'delation.." ASI-PR 0001075