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THE SENATE |
S.R. NO. |
44 |
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TWENTY-FIRST LEGISLATURE, 2002 |
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STATE OF HAWAII |
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REQUESTING A REVIEW OF THE IMPORTATION TO HAWAII OF TUNA PROCESSED WITH "TASTELESS SMOKE" OR CARBON MONOXIDE.
WHEREAS, in May 1999, the United States Food and Drug Administration (FDA) issued Import Bulletin 16B-95, "Tasteless Smoke and/or Carbon Monoxide" (Bulletin) in response to numerous complaints that the FDA had received on the importation and distribution of frozen tuna that has been processed with "tasteless smoke" (TS) or carbon monoxide (CO); and
WHEREAS, the Bulletin notes that this treatment may be applied to tuna processed in Indonesia, the Philippines, and Taiwan, and TS or CO is used to preserve, or fix, the natural red flesh color of tuna during frozen storage; and
WHEREAS, these agents may also be abused to enhance the color, making the product look of better grade or quality than it is, and complaints to the FDA were from manufacturers, distributors, and federal and state agencies; and
WHEREAS, the FDA stated that imported tuna treated with TS or CO should be labeled as processed foods that have been treated with CO or TS, not misrepresented as fresh frozen seafood on the label, and should be near normal in flesh color; and
WHEREAS, for example, at a minimum, the ingredients statement should include "tasteless smoke (preservative to promote color retention)," consistent with the labeling requirements of title 21 Code of Federal Regulations 101.22(j); and
WHEREAS, such treated products are misbranded when labeled as "Smoked Tuna," "Lightly Smoked Tuna," and "Cold Smoked Tuna" because these are the common or usual names for traditionally processed smoked-flavored fish, and tuna treated with either TS or CO that is not labeled to indicate it contains a preservative purports to be unprocessed, fresh, or fresh frozen tuna and is, therefore, misbranded; and
WHEREAS, these processed seafood require label declarations under title 21 Code of Federal Regulations part 101, including nutrition information; and
WHEREAS, in addition to being misbranded, color enhanced products may be deemed to be economically adulterated under Section 402(b)(4) of the Federal Food, Drug, and Cosmetic Act; and
WHEREAS, the FDA believes that the application of these preservatives might be abused and tuna treated with TS and/or CO must bear appropriate label declarations, or the product is misbranded; now, therefore,
BE IT RESOLVED by the Senate of the Twenty-First Legislature of the State of Hawaii, Regular Session of 2002, that the Department of Health (DOH), with the assistance of the Department of Agriculture, is requested to review the importation to Hawaii of tuna treated with the preservatives TS and CO; and
BE IT FURTHER RESOLVED that DOH shall include in its review the effects of such preservatives on the health of consumers, and recommendations for how the State may regulate or ban the importation of tuna products treated with TS and CO; and
BE IT FURTHER RESOLVED that the DOH submit a report of its review to the legislature no later than twenty days before the Regular Session of 2003; and
BE IT FURTHER RESOLVED that certified copies of the Resolution be transmitted to the Director of Health and the Chair of the Board of Agriculture.
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OFFERED BY: |
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Report Title:
Canned tuna; importation of tuna processed with "tasteless smoke" (TS) or carbon monoxide (CO).