USDA AMS Regulation for Bioengineered Foods Goes Into Effect January 1, 2022

The USDA AMS rule called the National Bioengineered Food Disclosure Standard went into effect on January 1, 2022 and requires food manufacturers, importers, and other entities that label foods for retail sale to disclose information about BE food and BE food ingredients.  There are two  labels for products both circular green with either "bioengineered" or "derived from bioengineering."*.  No usage of GMO or genetically modified.  (*There are different forms of disclosure depending on company size).

"The amended Act defines “bioengineering” with respect to a food as referring to a food “(A) that contains genetic material that has been modified through in vitro recombinant deoxyribonucleic acid (DNA) techniques; and (B) for which the modification could not otherwise be obtained through conventional breeding or found in nature.”"

Note that foods in which the modified genetic material is not detectable are not bioengineered foods (ie. Records verify the food is made from a non-bioengineered food; Records verify that the food has been refined using a process validated to render the modified genetic material undetectable; or Testing records for the specific food confirm the absence of detectable modified genetic)

Foods covered by Federal Meat Inspection Act, PIA, EIPA where those foods are the primary ingredient in the food, outside of water, are not subject to the rule.

List of items that may be of bioengineered material

• Alfalfa
• Apple (ArcticTM varieties)
• Canola
• Corn
• Cotton
• Eggplant (BARI Bt Begun varieties)
• Papaya (ringspot virus-resistant varieties)
• Pineapple (Pink flesh varieties)
• Potato
• Salmon (AquAdvantage®)
• Soybean
• Squash (summer)
• Sugarbeet

Exemptions

1. Threshold: Allows each ingredient to contain up to five percent of a BE substance, as long as it is 

inadvertent or technically unavoidable

2. Animals fed bioengineered feed (foods subject to Federal Meat Inspection Act, PIA, EIPA)

3. Food certified under the National Organic Program

I found this video pretty helpful - Webinar: Overview of the National Bioengineered Food Disclosure Standard December 2020 - YouTube  It discusses additional aspects including enforcement and labeling options.

Washington Post
https://www.washingtonpost.com/business/2022/01/01/usda-bioengineered-food-rules
The USDA’s new labeling for genetically modified foods goes into effect Jan. 1. Here’s what you need to know.
The agency has done away with familiar terms like ‘GMOs’ and has built in loopholes for tiny producers, and foods made with meat and eggs

GA Company Recalls Chicken Salad Sandwiches That Contain Tuna Salad

GHGA, LLC. of Conley GA, part of the Renaissance Food Group, is voluntarily recalling 266, 7.8 oz. packages of Chicken Salad Croissants due to undeclared allergen in the form of fish.  The recalled product was shipped to Kroger stores in Alabama, Georgia, and South Carolina on 12/30/2021.  The recall was initiated after it was discovered that packages of the product may contain tuna salad instead of chicken salad, and fish is not declared on the label.

It is pretty easy to confuse tuna salad and chicken salad, however, for allergen labeling compliance, it is pretty important.  As part of the Food Safety Plan, a preventive control must be in place to ensure proper labeling.

https://www.fda.gov/safety/recalls-market-withdrawals-safety-alerts/ghga-llc-issues-allergy-alert-undeclared-fish-chicken-salad-croissants
GHGA, LLC. Issues Allergy Alert on Undeclared Fish in Chicken Salad Croissants
Summary
Company Announcement Date:  January 03, 2022
FDA Publish Date:  January 03, 2022
Product Type:  Food & Beverages
Reason for Announcement:  Due to undeclared fish
Company Name:  GHGA, LLC
Brand Name:  Renaissance Food Group
Product Description:  Chicken Salad Croissants

Class Action Lawsuits Stemming From Long-Accepted But Misleading Product Label Claims

There has been an increasing number of class action lawsuits targeting food and beverage companies. As pointed out in this piece published in Food Dive, the issues brought before the courts involve misrepresentation of products to the consumers.  That is, product labeling misleads consumers into thinking a product is something that it really isn't.  In the first example, they discuss Canada Dry Ginger Ale, which does not have ginger in it.

The article goes on to state that these cases are really not driven by consumers, but by lawyers who have become very good at finding food products that in some way misrepresent what they are.  Other examples include the claim for use of vanilla when artificial vanilla flavor is used, or cereals that state fruit on the label, but have no real fruit.

It is a good read to think about how one labels a product.

Food Dive
https://www.fooddive.com/news/why-class-action-lawsuit-food-beverage/611348/
DEEP DIVE
Why are so many class action lawsuits filed against the food industry?

In 2020, the number of court cases from consumers claiming that food and drink companies deceived them hit an all-time high, according to statistics compiled by law firm Perkins Coie.

CDC Issues Alert on Packaged Salads Linked to E. coli Outbreak

CDC issued a health alert for Simple Truth Organic Power Greens and Nature’s Basket Organic Power Greens due to link to an E. coli outbreak.  The outbreak cases occurred from late November through mid-December with 13 people infected with 4 of those hospitalized.  The "Best if Used By Date on the product in question is through December 20, 2021.

CDC Foodborne Outbreaks
https://www.cdc.gov/ecoli/2021/o157h7-12-21/index.html
E. coli Outbreak Linked to Packaged Salads
Posted December 30, 2021

Fast Facts
Illnesses: 13
Hospitalizations: 4
Deaths: 0
States: 6
Recall: No
Investigation status: Active

Contaminated Food
Simple Truth Organic Power Greens and Nature’s Basket Organic Power Greens
Organic Power Greens salad is a mix of organic spinach, mizuna, kale, and chard
Sold at grocery stores and supermarkets, including Fred Meyer, QFC, and Giant Eagle
“Best if used by” dates through December 20, 2021

Six people ate Simple Truth Organic Power Greens, and one sick person ate Nature’s Basket Organic Power Greens. Investigators are working to determine if additional products may be contaminated.

USDA-FSIS Issues Health Alert for Imported Meat and Poultry Products From China

The U.S. Department of Agriculture’s Food Safety and Inspection Service (FSIS) is issuing a public health alert for an undetermined amount of imported meat and poultry products from China. A recall was not requested because FSIS has been unable to identify and contact the importers. The total amount of ineligible product is undetermined because the investigation is ongoing.

https://www.fsis.usda.gov/recalls-alerts/fsis-issues-public-health-alert-ineligible-imported-meat-and-poultry-products-china
FSIS Issues Public Health Alert for Ineligible Imported Meat and Poultry Products from China
FSIS Announcement

WASHINGTON, Dec. 29, 2021 - The U.S. Department of Agriculture’s Food Safety and Inspection Service (FSIS) is issuing a public health alert for an undetermined amount of imported meat and poultry products from China. A recall was not requested because FSIS has been unable to identify and contact the importers. The total amount of ineligible product is undetermined because the investigation is ongoing.

NY Seafood Processor Recalls Smoked Fish Due to Potential for Listeria Contamination

HAIFA SMOKED FISH of Jamaica, NY is expanding their recall of Turbot Cold Smoked 8 oz Packages to include 920 LB of Turbot from Lots 97, 223, 299, 321 due to the potential to be contaminated with Listeria monocytogenes.   The initial recall, posted on December 21, 2021, only included one lot.  The initial recall was the result of a routine sampling program by New York State Department of Agriculture which revealed that the finished product was contaminated with Listeria monocytogenes

https://www.fda.gov/safety/recalls-market-withdrawals-safety-alerts/haifa-smoked-fish-inc-expands-recall-turbot-cold-smoked-8-oz-package-lots-97-223-299-321-because
Haifa Smoked Fish Inc Expands Recall of Turbot Cold Smoked 8 oz Package Lots # 97, 223, 299, 321 Because of Possible Health Risk
Summary
Company Announcement Date:  December 29, 2021
FDA Publish Date:  December 29, 2021
Product Type:  Food & Beverages
Reason for Announcement:  Potential for Listeria monocytogenes
Company Name:  HAIFA SMOKED FISH
Brand Name:  HAIFA SMOKED FISH
Product Description:  TURBOT COLD SMOKED

NC Company Recalls Chocolate Covered Cream Puffs for Potential Metal Fragments

Poppies International, Inc. of Battleboro, NC is issuing a voluntary recall of selected products that were made during December 7-10, 2021, due to the possible presence of small metal fragments. The issue was discovered during production. No injuries or incidents have been reported in connection with the recalled items.

https://www.fda.gov/safety/recalls-market-withdrawals-safety-alerts/poppies-international-inc-battleboro-north-carolina-issues-voluntary-recall-certain-lots-chocolate
Poppies International, Inc. Battleboro, North Carolina Issues Voluntary Recall on Certain Lots of Chocolate Enrobed and Cream Puff Products Due to Possible Presence of Metal
Summary
Company Announcement Date:  December 28, 2021
FDA Publish Date:  December 29, 2021
Product Type:  Food & Beverages
Reason for Announcement: Possible presence of small metal fragments.
Company Name:  Poppies International, Inc.
Brand Name:  Delizza
Product Description:  Cream Puffs

CA Company Recalls Tuna After Case of Scombroid Poisoning

Relish Foods, Inc of El Segundo, California voluntarily initiated the recall of Frozen Pacific Fusion Brand 10 oz Tuna Steaks. The recall was the result of a consumer complaint where after sampling by FDA revealed that the product has potential to contain elevated levels of histamines which can produce an allergic [like] reaction called scombroid fish poisoning.

Symptoms of scombroid poisoning including a tingling or burning sensation in the mouth, facial swelling, rash, hives and itchy skin, nausea, vomiting or diarrhea, can appear within minutes to several hours after eating the affected fish.

Scombrotoxin Poisoning and Decomposition (FDA) Scombrotoxin Poisoning and Decomposition | FDA and Fish and Fishery Products Hazards and Controls Guidance (fda.gov)

• "Fish most commonly involved are members of the Scombridae family (tunas and mackerels), and a few non-scombroid relatives (bluefish, dolphin or mahi-mahi, and amberjacks). can become problematic for Scombroid poisoning when the product is temperature abused."
• "The suspect toxin is an elevated level of histamine generated by bacterial degradation of substances in the muscle protein. This natural spoilage process is thought to release additional by-products which potentiate the toxic effect. The potential toxins are not destroyed by freezing, cooking, smoking, curing or canning."
• "These species should always receive special care in handling, washing, and proper icing, refrigeration or immediate freezing to prevent bacterial growth and spoilage. Studies have demonstrated toxic histamine levels can be generated within less than 6 to 12 hours exposure without ice or refrigeration." 
• This protein degradation can occur anywhere along the supply chain where there is the opportunity for temperature abuse - the boat,  processing and storage, retail and foodservice, and the home.
• "Certain bacteria produce the enzyme histidine decarboxylase during growth. This enzyme reacts with histidine, a naturally occurring amino acid that is present in larger quantities in some fish than in others. The result is the formation of scombrotoxin (histamine)."
• "Histamine-forming bacteria are capable of growing and producing histamine over a wide temperature range. Growth of histamine is more rapid, however, at high-abuse temperatures (e.g., 70°F (21.1°C) or higher) than at moderate-abuse temperatures (e.g., 45°F (7.2°C)). Growth is particularly rapid at temperatures near 90°F (32.2°C). Histamine is more commonly the result of high temperature spoilage than of long-term, relatively low-temperature spoilage, which is commonly associated with organoleptically detectable decomposition"
• "Once the enzyme histidine decarboxylase is present in the fish, it can continue to produce histamine in the fish even if the bacteria are not active. The enzyme can be active at or near refrigeration temperatures. The enzyme remains stable while in the frozen state and may be reactivated very rapidly after thawing." 

https://www.fda.gov/safety/recalls-market-withdrawals-safety-alerts/relish-foods-inc-recalls-frozen-tuna-steaks-because-possible-health-risk
Relish Foods, Inc Recalls Frozen Tuna Steaks Because of Possible Health Risk
Summary
Company Announcement Date:  December 28, 2021
FDA Publish Date:  December 29, 2021
Product Type:  Food & Beverages
Reason for Announcement:  Elevated levels of histamine
Company Name:  Relish Foods, Inc.
Brand Name:  Frozen Pacific Fusion Brand
Product Description:  Tuna steaks

MA Company Recalls Brownies for Pecan Allergens After Product Packed in Wrong Containers

Dianne's Fine Desserts of Newburyport, MA  is recalling 1,480 trays of Sienna® Chocolate Decadent Brownies due to a mis-pack, resulting in an undeclared tree nut (pecan).Trays of GFS Item #541850 Sienna® Chocolate Turtle Brownies, which contains pecans, may be labeled as GFS Item #226240 GFS Sienna® Chocolate Decadent Brownies, which do not contain pecans, thus resulting in an undeclared allergen.  The recall was initiated after a customer complaint with a product containing pecans was distributed in packaging that did not reveal the presence of pecans. Subsequent investigation indicates the problem was caused by a temporary breakdown in the labeling process.

https://www.fda.gov/safety/recalls-market-withdrawals-safety-alerts/diannes-fine-desserts-issues-allergy-alert-undeclared-pecan-allergen-siennar-chocolate-decadent
Dianne's Fine Desserts Issues Allergy Alert on Undeclared Pecan Allergen in Sienna® Chocolate Decadent Brownie
Summary
Company Announcement Date:  December 28, 2021
FDA Publish Date:  December 28, 2021
Product Type:  Food & Beverages
Reason for Announcement:  Undeclared Tree Nut (Pecan)
Company Name:  Dianne's Fine Desserts
Brand Name:  Sienna
Product Description:  Chocolate Decadent Brownies