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PLUS PEST MANAGEMENT ▪ CANNABIS AND MICROBIAL CONTAMINATION ▪ DETECTING PATHOGENS IN DAIRY
Volume 28 Number 2
APRIL / MAY 2021
FUNCTIONAL
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Contents
APRIL/ MAY 2021 • VOLUME 28 NUMBER 2 • www.foodqualityandsafety.com
Features
THE RISE OF 18
FFUNCTIONAL
UNCTIONAL
COV E R STO R Y
FOODS
F ortified food and beverages
gain traction as consumers choose
to eat with health in mind
BY LORI VALIGRA
©ANUCHID - STOCK.ADOBE.COM
©NEW AFRICA - STOCK.ADOBE.COM
Washington Report Safety & Sanitation
9 22
Congress to Investigate Pest Management
COVID-19 Cases at in Food Processing
Meatpacking Plants Warehouses
Probe to include three processing Protecting food by protecting
giants, OSHA its surroundings
COVER: ©ALONA DUDAIEVA - STOCK.ADOBE.COM
BY KAREN APPOLD BY ANNA BERRY, MS
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POSTMASTER: Returns and address changes to Food Quality & Safety magazine, PO Box 986, Levittown PA 19055-0986
April / May 2021 3
Contents
(Continued from p. 3)
Safety & Sanitation In The Lab Cannabis Corner
26 PEST MANAGEMENT 36 THE IMPORTANCE 16 MICROBIAL CONTAMINATION
DOCUMENTATION OF E. COLI DETECTION OF CANNABIS-INFUSED FOODS
Be prepared for your next METHODS Testing infused food and beverages
food safety audit How laboratories can ensure for microbial contamination should
BY FRANK MEEK
safe and efficient testing be done, whether or not FDA
BY NEVIN PERERA insists upon it
BY JESSE STANIFORTH
Quality
28 FLAVOR LABELING IN 2021
What’s new in the regulatory
landscape
BY GWEN BUFFINGA
Columns
Legal Update Departments
12 CANNABIS UPDATE
Will 2021 be the year of 6 FROM THE EDITORS
cannabis reform?
©RICKA_KINAMOTO - STOCK.ADOBE.COM / ©KATERYNA_KON - STOCK.ADOBE.COM / ©ANDREY POPOV - STOCK.ADOBE.COM / ©KATERYNA_KON - STOCK.ADOBE.COM
8 NEWS & NOTES
BY JOEL S. CHAPPELLE, ESQ.,
AND SHAWN K. STEVENS, ESQ. 40 NEW PRODUCTS
41 ADVERTISER DIRECTORY
Global Interests 41 EVENTS
Testing 14 FOOD WASTE DURING
42 SCIENTIFIC FINDINGS
30 IS YOUR PATHOGEN DATA COVID-19
GIVING YOU THE FULL STORY? How the pandemic has impacted
How pathogen load measurements food waste at the consumer level
deliver a deeper dive for meat BY AURORA A. SAULO, PHD
Food Quality & Safety
and poultry food safety magazine welcomes letters
to the editor on any relevant
BY CHRISTINE ALVARADO, PHD
industry topic.
Letters should be no longer
34 DETECTING PATHOGENS than 350 words.
IN DAIRY
Submit letters to:
Pathogens in these products Samara E. Kuehne,
can be difficult to find due to Professional Editor
their complex matrices Email: skuehne@wiley.com
BY ANDREA TOLU
(Letters may be edited for space
and style.)
Visit us online! Other articles available at www.FoodQualityandSafety.com include: Correction: In the article “A P
socid-
• U.S., Canada Team Up on New Swine Fever Protocol Free Facility,” which published in the
February/March 2021 issue, we used an
• Food Quality & Safety Blog: Diversity, Equity, and Inclusion and Food Safety incorrect image of a psocid. The image
• New Legislation Aims to Add Sesame to Federal Allergen List has been updated in the online version
of the article.
facebook.com/FoodQualityandSafety @FQSmag
4 F O O D Q U A L I T Y & SA F E T Y www.foodqualityandsafety.com
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Quality ad.indd 1
From The Editors PUBLISHERLisa Dionne Lento, ldionne@wiley.com
SENIOR ACCOUNT MANAGER Bob Zander, bzander@wiley.com
PROFESSIONAL EDITOR Samara E. Kuehne, skuehne@wiley.com
DESIGN Maria Ender, mender@wiley.com
PRODUCTION Claudia Vogel, cvogel@wiley.com
Jörg Stenger, jstenger@wiley.com
The State of the Chicken
P
Elli Palzer, palzer@wiley.com
CO-INDUSTRY EDITOR Purnendu C. Vasavada, PhD,
ast editorials I have written purnendu.c.vasavada@uwrf.edu
for FQ&S have focused on CO-INDUSTRY EDITOR Richard Stier, rickstier4@aol.com
how the publication can Advertising Director
help processors build and/ Dan Nicholas
or upgrade their food quality, safety, 111 River Street, Hoboken, NJ 07030
(716) 587-2181, dnicholas@wiley.com
and sanitation programs. The mantra
Sales Office
for doing this is simple: develop, doc- U.S./Canada/International
ument, implement, and maintain. Bob Zander
(312) 925-7648
When developing protocols, bzander@wiley.com
the people doing the work need to Editorial Office
understand the goals. What are we 111 River Street, Hoboken, NJ 07030-5774, USA
doing? Why are we doing it? Who will do the work? How will it Reprints: E-mail dsurdel@wiley.com
be documented? Once development is done, it is time to commit
these thoughts to paper. What gets drafted should clearly describe
what’s to be done and must be detailed enough so that those read- Editorial Advisory Panel
ing the protocol can clearly understand what is expected. Consider
John N. Butts, PhD Hasmukh Patel, PhD
sharing draft procedures with non-technical staff, the rationale Founder and President, VP of Research and Development,
being that if the non-technical people can understand it, it should FoodSafetyByDesign, LLC; Whitehall Specialties
Advisor to CEO, Land O’Frost
pass muster in actual practice. Mary Ann Platt
Cliff Coles President,
Occasionally, things get lost in translation. For example, one President, Clifford M. Coles CNS/FoodSafe and RQA, Inc.
concern when designing aircraft is to protect the canopy or win- Food Safety Consulting, Inc.
Manpreet Singh, PhD
dows from bird strikes. An outfit developed a procedure during Virginia Deibel, PhD
Professor,
Dept. of Poultry Science,
which they would launch a chicken carcass at the windows and Chief Scientific Officer, University of Georgia
Deibel Laboratories
evaluate results. They were asked to share the procedure with an- Shawn K. Stevens
James Dickson, PhD Food Industry Attorney,
other group, who reported no success. The chickens were shat- Professor, Food Industry Counsel, LLC
tering the canopies and often ended up embedded in the pilot’s Department of Animal Science,
Iowa State University Patricia A. Wester
seat. The group who developed the method responded as follows: CEO,
Steven Gendel, PhD The Association for Food Safety
“Thaw the chickens first.” Once they did this, testing moved for- Senior Director, Auditing Professionals,
ward. While it may be a silly example, it emphasizes the need Food Science, AFSAP
Food Chemicals Codex at USP
for proper documentation and asking questions if something is Steven Wilson
Vijay K. Juneja, PhD Director of Seafood Commerce
unclear. Lead Scientist, and Certification,
An essential element for implementation is education and Predictive Microbiology for Food Safety, Office of International Affairs
USDA-Agricultural Research Service and Seafood Inspection
training, i.e., making sure that those performing the work under-
stand what they are doing and why. Implementation is also the
time when procedures may be tweaked. The people who are being
briefed on the protocols may have additional insights. If manage- Printed in the United States by Dartmouth Printing, Hanover, NH.
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Maintenance is the final part of the equation. Once procedures All materials published, including but not limited to original research, clinical notes,
editorials, reviews, reports, letters, and book reviews represent the opinions and views of
are in place, it is imperative that they be adhered to. There are the authors and do not reflect any official policy or medical opinion of the institutions with
which the authors are affiliated or of the publisher unless this is clearly specified. Materials
many different elements that make up maintenance, including published herein are intended to further general scientific research, understanding, and
record review, internal audits, and GMP checks. While this would discussion only and are not intended and should not be relied upon as recommending or
promoting a specific method, diagnosis or treatment by physicians for any particular patient.
seem to be easy, it is often found to be a root cause for problems— While the editors and publisher believe that the specifications and usage of equipment
people simply get sloppy or try to take short cuts, or take a task for and devices as set forth herein are in accord with current recommendations and practice
at the time of publication, they accept no legal responsibility for any errors or omissions,
granted and something gets ignored. and make no warranty, express or implied, with respect to material contained herein.
Publication of an advertisement or other discussions of products in this publication should
Richard F. Stier not be construed as an endorsement of the products or the manufacturers’ claims. Readers
are encouraged to contact the manufacturers with any questions about the features or
Co-Industry Editor limitations of the products mentioned.
6 F O O D Q U A L I T Y & SA F E T Y www.foodqualityandsafety.com
2021 Call for Entries 2021 Annual Food Quality & Safety Award Is your company a food processor, service or retailer? Do you uphold the highest food standards supported by quantifiable results? This prestigious award honors the dedication and achievement of a food quality and safety assurance team that has made exceptional contributions to their company’s commitment in supplying safe food products. Add your company to the mix. Learn more at foodqualityandsafety.com/award
NEWS & NOTES
FDA Releases New Actions Designed mont Law School, notes that while this is an
©HANDMADEPICTURES - STOCK.ADOBE.COM
to Reduce Toxins in Baby Food important first step and signals a stronger
commitment to address the issue of heavy
BY KEITH LORIA
metals in baby foods than we’ve seen from
In response to a February 2021 report FDA over the past few years, these actions
released by the U.S. House of Representa- are not enough. “A few years ago, FDA con-
tives Committee on Oversight and Reform vened a Toxic Elements Working Group to
Subcommittee on Economic and Consumer reduce exposure to toxic elements across
Policy, FDA has issued a letter to baby and FDA’s regulated product categories,” she
toddler food manufacturers reminding them tells Food Quality & Safety. “The working
of their obligations under the FSMA Preven- group prioritized lead, arsenic, cadmium, Study: Ultrasonic Cleaning of
tive Controls for Human Food Rule to consider and mercury, as these metals present the Leafy Greens Could Reduce Instances
chemical hazards in foods when engaged in highest public health risk when individu- of Foodborne Illness
their required hazard analysis of food prod- als are exposed at high levels. However, to According to a new study, streams of water
ucts. date, FDA has only issued voluntary guid- carrying sound and microscopic air bub-
FDA says it will also seek “impactful solu- ance to address inorganic arsenic in rice bles can clean microbial contaminants from
tions for reducing toxic elements in foods cereal, meaning it contains nonbinding spinach leaves more effectively than current
commonly consumed by babies and young recommendations that can’t be enforced washing methods.
children.” The agency also committed to by the agency in the same way a binding Researchers used acoustic water streams
engaging in a process to set standards and regulation can.” to clean spinach leaves directly sourced from
limits for the presence of heavy metals in Janilyn Hutchings with StateFoodSafety, the field crop and compared the results with
baby foods. a food safety education organization, says leaves rinsed in plain water at the same ve-
The new actions include issuing guid- that, in addition to taking the new actions locity. The results showed that the microbial
ance to manufacturers for “key foods”; plan- it just announced, FDA could also work on load on samples cleaned with the acoustic
ning to finalize its action level for inorganic drafting action levels for inorganic arse- streams for two minutes was significantly
arsenic in infant rice cereal, which it started nic and lead in other baby foods. “It could lower six days after cleaning than on those
working on in 2016; and working to finalize its also consider appropriate action levels for treated without the added sound and bub-
draft guidance for an inorganic arsenic action cadmium and mercury,” she says. “As more bles. The acoustic cleaning also caused no
level in apple juice and release a draft guid- testing and studies are available and more further damage to the leaves.
ance for lead action levels in juices. widely used, the FDA will likely implement Timothy Leighton, a professor of ultra-
Laurie Beyranevand, director of the Cen- more changes to ensure the safety of babies sonics and underwater acoustics at the Uni-
ter for Agriculture and Food Systems at Ver- and children.” versity of Southampton in the U.K., invented
the technology and led the research. “Our
streams of water carry microscopic bubbles
and acoustic waves down to the leaf,” he
says. “There, the sound field sets up echoes
at the surface of the leaves, and within the
leaf crevices, that attract the bubbles towards
the leaf and into the crevices. The sound field
also causes the walls of the bubbles to ripple
very quickly, turning each bubble into a mi-
croscopic ‘scrubbing’ machine. The rippling
bubble wall causes strong currents to move
©LSTOCKSTUDIO - STOCK.ADOBE.COM
in the water around the bubble and sweep
the microbes off the leaf. The bacteria, bio-
films, and the bubbles themselves are then
rinsed off the leaf, leaving it clean and free
of residues.”
The report was published in Ultrasound
in Medicine and Biology.
8 F O O D Q U A L I T Y & SA F E T Y www.foodqualityandsafety.com
Washington Report
Congress to Rep. James E. Clyburn (D-SC), chair-
man of the House Select Subcommittee
Investigate COVID-19 Cases on the Coronavirus Crisis, sent a letter
to OSHA and to Tyson Foods, Smithfield
at Meatpacking Plants
Foods, and JBS USA, which are three of the
nation’s largest meatpacking companies.
Each company has had multiple COVID-19
Probe to include three processing giants, OSHA outbreaks.
BY KAREN APPOLD
“Public reports indicate that under the
Trump Administration, OSHA failed to ad-
A
equately carry out its responsibility for en-
U.S. Congressional subcom- a labor union representing approximately forcing worker safety laws at meatpacking
mittee launched an inves- 1.3 million workers, say that plants should plants across the country, resulting in pre-
tigation into widespread have done more to protect workers. Mean- ventable infections and deaths,” Clyburn
coronavirus infections at while, the Occupational Safety and Health wrote. “It is imperative that the previous
meatpacking plants on February 1, 2021. Administration (OSHA) is making efforts administration’s shortcomings are swiftly
©BANNAFARSAI - STOCK.ADOBE.COM
The investigation follows reports that to improve worker safety, while the North identified and rectified to save lives in the
nearly 54,000 workers at 569 plants tested American Meat Institute (NAMI) and the months before coronavirus vaccinations
positive for the coronavirus, and at least three food manufacturers named in the are available for all Americans.”
270 died. letter say that they have gone above and In response, Marc Perrone, president of
Some organizations such as United beyond to ensure employee safety during UFCW International, said in a statement,
Food and Commercial Workers (UFCW), the pandemic. (Continued on p. 10)
April / May 2021 9
Washington R eport
(Continued from p. 9) erational gaps regarding how to prevent Wester says COVID-19 exposed OSHA’s
“Chairman Clyburn’s investigation will further spread when a worker tests positive weaknesses, just as it did in healthcare and
bring the transparency needed to hold the for the virus, such as eliminating the com- so many other infrastructure areas. “Un-
meatpacking industry accountable for the mon practice of temporarily storing PPE on derfunded and under resourced, OSHA
safety failures that resulted in hundreds of a crowded, shared coat rack when workers was most likely unprepared for the scope,
workers dying and thousands continuing leave production areas for breaks. scale, and consumer impact of the out-
to get sick from this virus every month.” “In the days ahead, these gaps will breaks, making it even more susceptible to
Policy expert Patricia A. Wester, CEO need to be closed and enforcement lan- prioritizing operational needs over worker
and founder of the Association for Food guage strengthened to prevent continued safety. Added political pressure from the
Safety Auditing Professionals in Gaines- outbreak events in these facilities,” Wester White House to reopen as essential busi-
ville, Fla., also believes Congress’ letter was says. nesses would certainly have tipped the
justified and says that it highlights a serious The letter from Congress criticized scales even further to placing production
regulatory and jurisdictional gap between OSHA for fining meatpacking companies needs over employee safety,” she says.
OSHA and USDA’s Food Safety and Inspec- based on a company’s annual revenue
tion Service (FSIS). She says food facilities and how much they pay their executives. Meatpacking Plants
should have followed CDC Guidance for In response, an OSHA spokesperson tells Tout Their Efforts
Businesses and Employers Responding FQ&S that OSHA cites based on the hazard Despite the Congressional subcommit-
to Coronavirus Disease 2019 (COVID-19) to and the maximum penalty amount set by tee’s criticism, spokespeople for meat-
combat outbreaks, and expanded them to Congress. When setting a penalty amount, packing plants say their companies made
cover activities not addressed by that docu- OSHA begins with the maximum penalty, extensive efforts to keep workers safe.
ment, which would allow others to benefit then makes adjustments based on various In a February 1, 2021 statement, Keira
from their experiences. Furthermore, FSIS factors outlined in Chapter 6 of the Field Lombardo, chief administrative officer of
has well-defined boundaries for enforce- Operations Manual. “While monetary Smithfield Foods in Smithfield, Va., said,
ment action options during food safety fines are effective enforcement tools, the “From early in the pandemic, we have
events that OSHA appears to lack; the meat most important outcome of an OSHA cita- taken extraordinary measures to protect
industry might have been able to exploit tion is that it requires the employer to abate our team members from the virus and
that knowledge gap to further minimize the underlying workplace hazard, remov- we have met or exceeded the prevailing
OSHA’s enforcement actions. ing workers from dangerous situations,” federal, state, and local health and safety
the spokesperson says. guidance.”
OSHA’s Response
In addition to Congress’ letter, in January
2021, President Biden issued an executive Why Meatpacking Plants and Their Communities
order calling on OSHA to increase protec- Can Be COVID-19 Hotspots
tions for workers. In response, OSHA pub-
lished new guidance to help employers While the total number of COVID-19 cases • Worker socioeconomic status and
and workers identify risks of exposure to and deaths associated with the proxim- meatpacker labor practices. Among
contracting COVID-19 in the workplace. ity to livestock plants is estimated to be U.S. front-line meat-processing work-
The agency is currently reviewing its en- between 236,000 and 310,000 (6% to 8% ers, 45% are categorized as low in-
forcement efforts related to COVID-19 to of all U.S. cases) and 4,300 to 5,200 (3% come, 80% are people of color, and
identify any changes that could better to 4% of all U.S. deaths), respectively, 52% are immigrants, many of whom
as of July 21, 2020, the vast majority of are undocumented and lack ready
protect workers and ensure equity in en-
these cases are likely related to commu- access to healthcare and other worker
forcement, an OSHA spokesperson tells
nity spread outside these plants, says protections that could facilitate
Food Quality & Safety. Chris Boulos, MBA, who co-authored an COVID-19 prevention and treatment.
The agency is also working to estab- article published in the Proceedings of the In addition, employees at these facil-
lish a new national emphasis program to National Academy of Sciences about live- ities may face incentives to continue
focus OSHA’s efforts on violations, such as stock plants and COVID-19 transmission. working, even while sick, through
those at meat processing plants, that put The research cites multiple characteris- company policies.
the largest number of workers at risk for tics that make meat plants susceptible
contracting COVID-19. to local outbreaks of respiratory viruses, The study also found evidence of com
In commenting on OSHA’s new guide- including: munity transmission outside the plants.
• Long work shifts in close proximity to The data suggest that meatpacking
lines, Wester says that the new document
coworkers, difficulty in maintaining plants feature a particularly high inten-
aligns with CDC’s COVID-19 guidance
proper face covering due to physical sity of COVID-19 transmission among in-
document, although gaps remain in both demands, and shared transportation dustrial facilities or along transportation
documents. As guidance documents, they among workers. routes, which increases the likelihood
are only recommendations, not enforce- • Cold temperatures and powerful HVAC that people infected within the plants in
able requirements, handicapping OSHA’s systems inside slaughtering plants, turn spread the disease throughout local
enforcement authority. There are also op- which may increase transmission risk. communities, Boulos says.—KA
10 F O O D Q U A L I T Y & SA F E T Y www.foodqualityandsafety.comLombardo said the company invested than $200 million in health and safety in- centives that emphasize attendance over
more than $700 million in critical mea- terventions, provided more than $160 mil- worker health need to be eliminated,”
sures to protect employees, including lion in bonuses and permanent increased she says. “Testing platforms that provide
on-site COVID-19 pre-screening and test- pay, and donated more than $50 million real-time results need to be deployed in-
ing facilities; air purification systems; ex- to support local communities, said Nikki dustry-wide to prevent asymptomatic
tensive physical barriers at work stations; Richardson, a spokesperson for the com- transmission among workers. Better track
employee protective equipment; signifi- pany, in February. and trace systems are needed to detect
cant facility modifications and expansion JBS USA has also implemented hun- community spread as early as possible.”
to ensure distancing in key areas, such as dreds of safety measures, including of- Wester says it’s also worth noting that
break and lunch rooms; thousands of san- fering unlimited PPE, constructing per- meat packaging plants made little mention
itation stations and prominent banners manent physical barriers, establishing of reduced line speed as a mitigation step.
and signage that outline and encourage physical distancing protocols, and install- “Instead, barriers were placed between
safe practices in multiple languages; and ing hospital-grade ventilation systems in workers that appear to be a sanitation night-
additional new employees dedicated to all facilities. JBS USA provides immediate mare, raising the question of increased
ensuring that distancing and sanitation testing to all symptomatic team members food safety hazards in the future,” she says.
practices are implemented correctly. and close contacts and has conducted Carl S. Custer, MS, a retired food micro-
Smithfield Foods has also imple- more than 45,000 surveillance tests of as- biologist in Bethesda, Md., also believes
mented liberal leave and pay policies that ymptomatic team members to date. It has that meatpacking facilities should have
guaranteed pay for nearly 13,000 employ- voluntarily removed vulnerable popula- done more to protect employees from
ees who were quarantined but did not test tion groups with full pay and benefits, cov- COVID-19 when it became evident that
positive for COVID-19. ered 100% of all COVID-19 related health plants were hot spots. “I’ve seen floor man-
During a February 9, 2021, earnings expenses for team members and family agers impede plant management safety
call, Tyson Foods’ President and CEO Dean members enrolled in its health plan, and policy to improve production because their
Banks announced the hiring of a chief med- offered a $100 incentive bonus for any U.S. bonus is based on productivity,” he says.
ical officer to ensure that the organization team member willing to get vaccinated. “I’ve also seen workers disregard plant
continues to remain vigilant and aggressive In response to the congressional let- safety policy out of ignorance and the urge
toward overall team member wellness. The ter, NAMI, a voice for the meat and poultry to speed up.”
company also hired 200 new nurses and industry, issued a statement on February UFCW’s Perrone said in statement,
administrative staff, bringing the total oc- 1, maintaining that more than $1.5 billion “Under President Trump, OSHA was asleep
cupational health staff to almost 600 team in comprehensive protections have been at the switch and consistently failed to en-
members. “With these resources, we’re ad- instituted since the spring, successfully force the safety standards needed to pro-
vancing our health and safety priorities to cutting average case rates for meat and tect America‘s meatpacking workers. This
support our vaccine rollout and build our poultry workers five times lower in Decem- new investigation will help to shine a light
wellness programs,” Banks said. ber 2020 than they were in May 2020, while on these failures and ensure the industry
In addition, Banks said Tyson, head- infections rocketed up by nine times for the and regulators take the steps necessary to
quartered in Springdale, Ark., has ex- general population in the same period. better protect these essential workers as
tended an ongoing partnership with a clin- “The meat and poultry industry is the pandemic continues. As the union for
ical services provider to prepare for broad focused on continuing these effective pro- our country‘s meatpacking workers, UFCW
vaccine distribution and to ensure that U.S. tections, reaffirmed by the Biden Admin- is calling on every CEO in the industry to
team members are educated across multi- istration, and ensuring frontline meat and fully cooperate with this investigation so
ple languages about the COVID-19 vaccine. poultry workers are vaccinated as soon the American people learn the truth about
Meanwhile, thousands of team members as possible, as employers, unions, civil these safety failures and can trust that
continue to be tested every week; approx- rights leaders, and governments around immediate action will be taken to ensure
imately half of its workforce was tested as the world agree these workers should be these outbreaks never happen again.”
of February 9. among the first vaccinated after health- As the congressional investigation
Tyson Foods has also invested hun- care workers,” the organization’s state- continues, Custer expects that establish-
dreds of millions of dollars during the pan- ment said. ments will insist that workers and super-
demic to transform its U.S. facilities with visors follow and impose CDC guidelines
protective measures, from walk-through Others Cite Room for Improvement regarding COVID-19. If not, they risk litiga-
temperature scanners and workstation In contrast to the meatpacking plants and tion and regulatory interventions. ■
dividers to social distance monitors and NAMI, some organizations and policy ex-
always-on testing, and also provided addi- perts had different opinions on how plants Appold is a freelance writer based in Pennsylvania. Reach
her at kappold@msn.com.
tional team member pay and benefits, says have handled the pandemic.
Gary Mickelson, a company spokesperson Wester says the meat industry needs to
for Tyson Foods. assess the real impact of ever-increasing What Do You Think?
Have something to say? Send your
Since the onset of the pandemic, JBS line speeds and finally prioritize worker
thoughts to skuehne@wiley.com.
USA, in Greeley, Colo., has invested more safety over production demands. “In-
April / May 2021 11Legal Update
Yet, regardless of how many states en-
act permissive cannabis laws, antiquated
and scientifically unsupported federal pol-
icy continues to stymie industry growth.
Perhaps the biggest hurdle for the indus-
try is that marijuana remains classified
as a schedule I substance under federal
law. Schedule I substances are defined as
having a high potential for abuse and no
accepted medical use. The impact of that
designation, from a legal and business per-
spective, is difficult to overstate. It outlaws
the interstate transport of marijuana, bans
banks from doing business with legitimate
marijuana businesses, and generally pro-
hibits federally funded institutions from
conducting marijuana research, among
many other restrictions. Predictably, de-
scheduling marijuana is at the top of the
agenda for those who support legalization.
Achieving that goal has proved ex-
ceedingly difficult, despite the unsup-
portable designation of marijuana as a
schedule I substance and the widespread
national support for legalization. Accord-
ing to a recent Gallup Poll, nearly 70%
of Americans support legalization. This
is more than at any point in the past five
decades. Last year, every state that held
a legalization referendum approved it.
Despite the widespread support, how-
ever, Congressional Republicans remain
largely opposed to legalization. As a result,
efforts to enact reform have languished in
Congress, and key hurdles remain in place.
Cannabis Update Recent Legislation
The lack of reform is not due to a lack
of legislation. Last September, the Se-
Will 2021 be the year of cannabis reform? cure and Fair Enforcement Banking Act
BY JOEL S. CHAPPELLE, ESQ., AND SHAWN K. STEVENS, ESQ. (“SAFE Act”), the first version of which
was drafted in 2013, passed the House
C
with 76% support. It was the first time a
annabis legalization in the Less than a decade after Colorado and stand-alone cannabis law was voted on
United States is continuing to Washington became the first states to le- by the full House. The SAFE Act would
sweep across the country at a galize it, Virginia will become the 16th not legalize cannabis, but it would allow
breakneck pace. Even amidst a state to legalize adult-use cannabis. In to- financial institutions and insurance com-
pandemic, a shaky economy, and histori- tal, thirty-six states (nearly three quarters) panies to provide financial services to can-
cally unprecedented division and partisan have legalized marijuana for medical and/ nabis businesses, opening up an ability to
rancor, ballot measures and legislation or adult use, and that number is certain to secure commercial loans and access credit
to legalize marijuana continue to enjoy increase, with another dozen States con- transactions. The bill stalled however, be-
©1STUNNINGART - STOCK.ADOBE.COM
widespread bipartisan support. Arizona, sidering adult-use legalization measures cause Senate Majority Leader Mitch McCo-
Montana, New Jersey, and South Dakota in 2021. While not all of these states will nnell (R-Ky.) refused to bring it up for a vote
all approved ballot initiatives in Novem- enact legalization measures this year, at in the Senate.
ber 2020 to legalize adult-use marijuana, least five states (New Mexico, New York, In December 2020, the House of Rep-
joining 11 other states that had already le- Connecticut, Pennsylvania, and Florida) resentatives made history again when it
galized it. appear likely to do so. passed comprehensive legislation that
12 F O O D Q U A L I T Y & SA F E T Y www.foodqualityandsafety.comwould federally legalize cannabis. The likely remain on the back burner for the duces high levels of tetrahydrocannabinol
Marijuana Opportunity Reinvestment and time being. Even so, reform remains likely. (THC)—the psychoactive compound that
Expungement Act (“MORE Act”) would Consider, for instance, that Vice President produces a “high” when consumed—
transform U.S. cannabis law and funda- Kamala Harris was one of the original hemp does not. Hemp produces only triv-
mentally expand the opportunities avail- co-sponsors of a previous iteration of the ial amounts of THC, generally insufficient
able to cannabis businesses. MORE Act. to cause impairment. Hemp is also utilized
Specifically, the law would remove Certainly, cannabis issues are extraor- for a range of nutritional and industrial
marijuana from the list of scheduled sub- dinarily complex, transcending legal, purposes.
stances under the Controlled Substances social, geographical and economic bar- While there are currently no federal
Act and eliminate federal criminal pen- riers. Despite (or perhaps because of) the standards for cannabinoid hemp proces-
alties for individuals who manufacture, rapid legal and cultural shift, confusion sors or retailers, and cannabinoid prod-
distribute, or possess marijuana (states ucts are not federally approved as dietary
would still have criminal jurisdiction over supplements or food additives, that will
marijuana offenses and would be able to While there are currently likely change in the future. Given the fed-
enact the laws they deem appropriate). The eral government’s lack of action, states
MORE Act would also create a 5% federal
no federal standards have been active in developing regulatory
tax on cannabis products, which would for cannabinoid hemp frameworks governing CBD products.
be applied toward small business loans processors or retailers, New York, for instance, recently en-
and support for law enforcement. It would and cannabinoid products acted comprehensive regulations govern-
make Small Business Administration loans ing the manufacture and sale of canna-
and services available to cannabis-related are not federally approved binoid hemp products. Among the most
legitimate businesses or service providers as dietary supplements notable shifts in the New York framework
and establish a process to expunge convic- or food additives, that will are an allowance for more permissive THC
tions and conduct sentencing review hear- levels and the requirement that cannabi-
ings related to federal cannabis offenses. likely change in the future. noid hemp processors maintain qualified
The MORE Act was passed by the third-party GMP certifications. These are
House of Representatives, again with bi- both common sense, reasonable mea-
partisan support. The historic vote repre- and misinformation regarding cannabis sures. The more permissive THC allow-
sented the first time that either chamber abound. But, as laws across the country ances will improve outcomes for business
of Congress voted to legalize cannabis. become more permissive, people see first- by allowing them to address marginally
Following passage in the House, Senator hand how beneficial cannabis legalization higher THC levels rather than destroying
Chuck Schumer (D-N.Y.) commented: “I can be. Even those who are not interested the products. Likewise, the new certifica-
have long believed that any effort to reform in consuming cannabis are benefitting tion requirements will promote enhanced
our nation’s marijuana laws should also from the massive tax windfall generated consumer safety and confidence, giving
include significant measures to undo the by cannabis sales. Excise and sales taxes consumers better assurance that the prod-
harms that too many families and commu- on cannabis raised more than $1.9 billion ucts they purchase contain what they say.
nities have suffered as a result of the war in 2019. Those dollars can be applied to The New York regulations provide what is
on drugs.” With Sen. McConnell as Major- much needed education and infrastruc- broadly expected to be a successful frame-
ity Leader in the Senate, however, the bill ture improvements. By contrast, enforcing work that will likely be adopted by other
would not receive a vote in the Senate. At cannabis prohibition laws costs taxpayers states, and perhaps even federally.
the time, it appeared the Senate would re- approximately $3.6 billion a year. Addi- Only time will tell whether 2021 is the
main under Republican control, in which tionally, legal cannabis sales totaled $9.5 year that comprehensive cannabis reform
case, meaningful reform was unlikely. billion in 2017 and are projected to reach finally occurs at the federal level. But at
Following the surprise sweep by Dem- $23 billion by 2022. a minimum, we are closer than we have
ocrats in the January 2021 runoff elections ever been. We have never before seen, as
in Georgia, hope for comprehensive can- HEMP and CBD Products we have with cannabis, such a rapid emer-
nabis reform was revived. In a February On the hemp front, the FDA is still in the gence of an entire industry. Consequently,
statement issued by Sen. Schumer, along early stages of creating its own rulemak- it is impossible to predict what might
with fellow Sens. Cory Booker (D-N.J.) and ing process governing non-psychoactive come next. But given the rapid adoption
Ron Wyden (D-Ore.), the senators asserted: cannabinoids in hemp, like cannabidiol and popularity of cannabis legalization
“Ending the federal marijuana prohibition (CBD), a compound widely credited for initiatives across the U.S., it appears that
is necessary to right the wrongs of this treating a variety of ailments, including cannabis is here to stay. ■
failed war [on drugs] and end decades of stress, pain, and seizure disorders, among
harm inflicted on communities of color others. As a reminder to readers, the term Chappelle is a food industry lawyer and a consultant at
across the country.” Nevertheless, given “cannabis” includes both hemp and mar- Food Industry Counsel, LLC. Reach him at chappelle@
the immediate health and economic cri- ijuana. The two share many properties, foodindustrycounsel.com. Stevens, also a food industry
attorney, is a founding member of Food Industry Counsel,
ses facing the nation, cannabis reform will but whereas marijuana typically pro- LLC. Reach him at stevens@foodindustrycounsel.com.
April / May 2021 13Global Interests
retail, foodservice, and household levels,
and costing more than €140 billion ($168
billion) yearly when accounting for asso-
ciated financial costs. Households contrib-
uted the most to the total EU-28 food waste
at about 53%, while processing added
about 19% .
Global food waste is estimated at
1.3 billion tons per year, per the FAO, or
more than one-third of worldwide food
production. Fresh fruits and vegetables
lead global food waste at 45% of the global
food production, with food waste from
residential homes one of the largest rates.
Most of this waste goes to landfills, where
conditions support generating greenhouse
gases such as methane, which contribute
to global warming. Those food wastes
may occur due to improper handling, lack
of proper storage, unsold stock, and pro-
cessing (e.g., peeling, washing, drying).
Other factors contributing to food losses
and waste in the food supply chain include
Food Waste During COVID-19 no raw materials in the farm, no labor in
the farm, limitations on transportation,
or problems due to infestations, microbial
How the pandemic has impacted food waste spoilage, over ordering, equipment mal-
at the consumer level | B Y A U R O R A A . S A U L O , P H D function, food culls, failure to meet prod-
uct specifications, seasonal foods, bulk
F
size packaging, overstocking, overproduc-
ood waste is a complicated con- stitute of Food Science & Technology, the tion, and human error, which often results
cept. There are various definitions lead professional society of food science from lack of worker training.
from different respected units us- and technology in the U.K., follow FAO At the consumer level, a consumer’s
ing data from varying sources and definitions. different understanding of product expira-
studies using different methods. USDA In this article, I focus on food waste, or tion dates, product storage at inappropri-
defines food loss as the loss of edible food the loss of food that occurs at the consumer ate temperatures, shopping and cooking in
that occurs in the food supply chain start- level. excess of actual need, inappropriate food
ing from post-harvest and including losses management, lack of cooking skills, and
at the retail and consumer levels. The Food Waste Estimates and Causes lack of knowledge of preservation prac-
Food and Agriculture Organization (FAO) The USDA Economic Research Service esti- tices further contribute to food waste.
of the United Nations defines food loss as mates that, in 2010, food loss in the United
the decrease in the quantity or quality of States comprised 31% of the food supply at Influence of COVID-19
food that occurs in the food supply chain the retail and consumer levels, or approx- on Food Waste
from harvest/slaughter/catch, but doesn’t imately 133 billion pounds of food, with Did COVID-19 lead to an increase or a de-
©ANDREY POPOV - STOCK.ADOBE.COM
include loss from retailers, foodservice an estimated retail value of $162 billion. crease in food waste?
providers, and consumers. FAO defines The European Union’s (EU-28) total edible Researchers of a study published in
food waste as the decrease in the quantity and inedible food waste is estimated at 88 Environment, Development and Sustain-
or quality of food that occurs in the retail million tons in 2012, with about 62 mil- ability (2020) reported that during a crisis
and consumption levels of the food sup- lion tons (or about 70% of the total food there is a preference to save rather than
ply chain. The United Nations and the In- waste) coming from the wholesale and to throw, as consumers did during severe
14 F O O D Q U A L I T Y & SA F E T Y www.foodqualityandsafety.comrecessions in Greece and Italy, leading to COVID-19 resulted in limited food supplies, higher
reduced waste. But the same research-
ers also contend that pandemic-driven
food prices, limited employment opportunities, and
disruptions such as lockdowns, storage reduced take-home pays; however, increased time
limitations, and stockpiling, coupled with in the home improved consumer cooking practices
the lack of consumer cooking skills and
practices, could have increased household
and food management skills, leading to improved
food waste during COVID-19. efficiency in food production at the consumer
Research results published in the level that may have led to reduced food waste.
journal Food Policy in 2015, before the
pandemic, indicated that countries that
are most developed and have higher in-
come per capita produced larger amounts home mandates, food shopping with in- benefiting the world. UFA claims that
of food waste. For example, those living creased and deliberate planning, inten- more than 100 company members have
in the Czech Republic, Estonia, Lithua- tionally decreasing shopping time at the committed to upcycling food products
nia, and Poland produce less food waste supermarket, and food shopping without into new safe products. The organization
than those from Denmark, Ireland, and family members who were prone to im- has also developed a certification scheme
Sweden. People aged 65 and older tend to pulse purchasing. that labels food using upcycled food in-
produce less food waste than their younger Concerns about the stability of the gredients or products, which will support
counterparts. Since females are most likely food supply were heightened during the their vision to “build the sustainable food
to be the primary food preparers at home, pandemic, and no clear answers could system of the future.” This trending as-
they are more familiar with and produce be obtained from those who supplied sociation of food waste with the growing
less food waste than males, according to food to the consumers. People with high global concern for the environment is very
the same researchers. Unemployment is levels of NFC (need for cognitive closure) attractive to Millennials and the younger
associated with producing less food waste during these stressful times depended on generations.
than employment. Those with a higher clear answers, devoid of ambiguity or con- COVID-19 resulted in limited food
level of education tend to have higher earn- fusion, to manage stress. They perceived supplies, higher food prices, limited em-
ings and produce more food waste than that they needed more food than usual and ployment opportunities, and reduced
those with a lower level of education. Peo- characteristically stockpiled food without take-home pays; however, the increased
ple living in rural areas produce less food necessarily using it, resulting in a potential time in the home improved the consumer’s
waste than those in urban areas, and living increase of food waste and associated food cooking practices and food management
in areas with less litter tends to encourage packaging materials. skills, leading to an improved efficiency
residents to produce less food waste. In its advertisement during Super in food production at the consumer level
In 2017, before the pandemic, India Bowl LV, Unilever hired a celebrity to offer that may have led to reduced food waste.
had one of the lowest food waste rates per tips on how to avoid food waste at home. In addition, because employment, rather
capita (51kg, 112 lb.) in the world. On the Food waste became trending news. But than unemployment, is correlated with
other end of the scale, Australia reached The Hartman Group clarified that food increased food waste, decreased employ-
361 kg (796 lb.) while the United States had waste has already been in the forefront of ment and income may likewise have led to
278 kg (613 lb.), the highest rates per capita consumer concerns, even prior to the pan- a decrease in food waste. And, perhaps,
worldwide—more than the combined re- demic. The group explained that, during due to the scarcity of food supplies during
ported food waste rates of the United King- the pandemic, consumer awareness in- the pandemic, consumers consciously
dom, Germany, France, Italy, and Sweden. creased such that more than half (56%) increased their awareness of what they
During the pandemic, when researchers of those they interviewed were willing to should use without waste.
interviewed respondents of similar de- increase composting food waste. Those Thus, available research data seem
mographics and gender distribution from were in addition to the 16% who were al- to demonstrate that food waste has been
the U.S. and Italy about their perceived ready composting food waste. Thus, a de- reduced during the COVID-19 pandemic.
rates of food waste during COVID-19, the crease in food waste during COVID-19 was
respondents thought their rates of food expected. Mitigation Strategies
waste had decreased, with a higher rate A formal association between food To develop meaningful and relevant strat-
of reduction among U.S. respondents waste and the environment was estab- egies, it’s necessary to have a harmonized
than those from Italy. The researchers ex- lished by the Upcycled Food Association global definition of food waste. To date,
plained that these decreases in food waste in 2020, resulting in another trending ini- strategies recommended to reduce food
may have resulted from targeted shopping tiative. The new trend is called upcycled waste at the consumer level (as presently
or purchasing foods that address specific food products and is defined by UFA as defined) include ways that many consum-
issues, such as those that strengthen the “new, high-quality products from other- ers are already practicing because of the
immune system, increased cooking time wise wasted—but perfectly nutritious—in conditions imposed on them by COVID-19.
at home due to lockdowns and stay-at- gredients” for the world community while (Continued on p. 38)
April / May 2021 15Cannabis Corner
centrated. The majority of the mold should
be killed by extraction, but it remains to be
seen whether toxins that may be produced
by the microbes growing on moldy product
can still be detected in extracts.”
Kevin McKernan, the chief science
officer of Beverly, Mass.-based cannabis
biotechnology firm Medicinal Genomics,
concurs, noting that CO2 or ethanol ex-
traction processes sterilize the cannabis
flower, but may also enrich mycotoxins
and pesticides in the process. “Not all mi-
crobial contaminants are flower derived,
and regulators are still looking to ensure
the infused products have not been con-
taminated downstream of the extraction
process,” he says.
Oversight
Microbial Contamination What kind of a threat do such processed
mycotoxins pose for consumers? Charles
of Cannabis-Infused Foods T. Deibel, president of food safety testing
firm Deibel Laboratories, acknowledges
Testing infused food and beverages for microbial contamination
should be done, whether or not FDA insists upon it Microbial Pathogens
BY JESSE STANIFORTH
Particular to Cannabis
Though two dozen or more pathogens
C
may infect the cannabis plant, Zamir
annabis-infused food products the cannabis plant to contaminate prod- Punja, PhD, says there are roughly
usually look just like any other ucts downstream. seven that affect cannabis flower buds.
foodstuff. In many cases, an in- Zamir Punja, PhD, a professor of plant Fortunately for most cannabis produc-
fused product may taste quite biotechnology at Simon Fraser University ers and consumers, buds can undergo
similar to its non-infused counterpart. in Burnaby, B.C., Canada, was lead author an electrobeam irradiation treatment,
which essentially eliminates all patho-
Yet on a food safety level, the two stand of a 2019 study that cataloged pathogens
gens, he says.
distinctly apart. Though cannabis flower and molds affecting the cannabis plant. He The problem is that some pathogens
contains a number of potentially active notes that most of the seven or so patho- may have the capacity to do lasting dam-
compounds, such as flavonoids and ar- gens affecting cannabis flower buds would age before they’re irradiated. Dr. Punja
omatic terpenes, the term “cannabis” in not survive any solvent extraction, liquid says that researchers are not yet certain
cannabis-infused product refers primarily carbon dioxide, or temperatures higher of how microbes that produce toxins may
to the addition of active cannabinoids— than 60º C. affect a contaminated bud.
chiefly, tetrahydrocannabinol and/or “I would consider these methods to Among the fungi that produce tox-
cannabidiol, but also cannabigerol and have eliminated living microbes,” Dr. ins are Botrytis, Fusarium, Penicillium,
cannabinol. Such cannabinoids are usu- Punja says. “What we don’t yet know is and Aspergillus, all of which may afflict
©KATERYNA_KON - STOCK.ADOBE.COM
a cannabis plant. Importantly, the toxins
ally received from cannabis extractors in what would happen if a contaminated bud
these fungi produce are heat stable and
the form of cannabinoid distillate. Due to has [fungal] growth on it and the microbe may survive solvent extraction. However,
the heat and chemical extremes required produces a toxin. Some of these toxins can Dr. Punja stresses, the science surround-
to extract cannabinoids to distillate, this is survive solvent extraction and are heat ing the understanding of these fungi in
good news for those worried about the po- stable. So, they may survive through the cannabis is emerging and has not yet
tential for microbial pathogens endemic to extraction process, and possibly be con- been settled.—JS
16 F O O D Q U A L I T Y & SA F E T Y www.foodqualityandsafety.comDr. Punja’s and McKernan’s concerns, more likely that the pathogen is introduced “In California, each batch of cannabis
but he’s not certain how much we should from the food product itself rather than the is tested for E. coli, Salmonella, Aspergillus,
worry about them. “Aspergillus produces cannabis component.” and mycotoxins, says Glauser. “In Oregon,
an extremely heat-stable toxin aflatoxin,” It’s the food product, not the cannabis, there is no requirement for microbial test-
Deibel says. “[Aflatoxin] is an extremely that makes infused products so compli- ing yet, but that is expected to change in
stable toxin structure, and it can absolutely cated, because, while infused foods com in 2021. In other states, product is tested for
survive some of the processing to make dis- an increasingly wide variety of shapes, fla- yeast and mold. In Massachusetts, product
tillate, but it’s rare. You’re just looking at a vors, and permutations, infused products is tested for all of the above, plus coliforms
numbers game. Bacteria are a hell of a lot are not subject to FDA oversight. “As soon and certain bacteria.”
more prevalent in recalls and [incidences as you put THC in a food product, the FDA But even between states that test for
of] foodborne [illness] than some of these says, ‘Not my jurisdiction,’” says Deibel. the same pathogens, differences may arise,
oddball toxins like aflatoxin.” When it comes to infused food prod- says McKernan, who stresses that the sam-
Not just bacteria, says Lori Glauser, co- ucts, FDA treats them more like medicine ple size requirements, targets, and thresh-
founder and interim CEO of Nevada canna- than like food, says Glauser. “The FDA olds for failure differ from state to state.
bis testing firm EVIO Labs. Before infused requires that manufacturers have ‘reason- All that testing is less demanding
foods and beverages go to market, produc- able assurance that food is not adulter- than that required of food products un-
ers are also testing for a variety of patho- ated,’ and will perform sampling of certain der FDA, adds Deibel, who says that food
gens. “We test the final product, not just the commodities.” But the safety of THC-in- producers subject to FDA oversight must
cannabis ingredient,” Glauser says. “When fused foods is overseen at the state level test many more batches of higher weights
testing for yeast, mold, E. coli, Salmonella, alone, and the differences in requirements than are ever demanded of edible cannabis
and mycotoxins in infused products, it is from state to state vary widely. products. (Continued on p. 38)
For more information and to see how our products can
be incorporated into testing workflows, visit our website:
bio-rad.com/cannabis
Bio-Rad is a trademark of Bio-Rad Laboratories, Inc. in certain jurisdictions.
All trademarks used herein are the property of their respective owner.
April / May 2021 17You can also read
