GRADUATE SCHOOL

 

U.S. DEPARTMENT OF AGRICULTURE

 

 

* * *

 

FDA FOOD ADVISORY

 

COMMITTEE MEETING

 

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FOOD BIOTECHNOLOGY SUBCOMMITTEE

 

OF THE FOOD ADVISORY COMMITTEE

 

 

MOLECULAR CHARACTERIZATION

 

CENTER FOR FOOD AND APPLIED NUTRITION

 

 

 

 

        Wednesday, September 24, 2003

 

        J.W. Marriott Hotel

        1331 Pennsylvania Avenue, N.W.

        Washington, D.C.

 

 

    The meeting convened, pursuant to notice

 

at 8:36 a.m., before Acting Chairman Francis F.

 

Busta.

 


MEMBERS PRESENT:

 

    JONATHAN ARIAS, Ph.D.

    Associate Research Scientist

    Department of Biological Sciences

    University of Maryland, Baltimore County

    1000 Hilltop Circle

    Baltimore, Maryland  21250

    Tel: 410-455-3470

    Fax: 410-455-3875

    Arias@umbi.umd.edu

 

 

    BOB B. BUCHANAN, Ph.D.

    Professor

    University of California

    Department of Plant and Microbial Biology

    111 Koshland Hall

    Berkeley, California  94720

    Tel: 510-642-3590

    Fax: 510-642-7356

    view@nature.berkeley.edu

 

 

    FRANCIS FREDERICK BUSTA, Ph.D.

    Emeritus Professor

    University of Minnesota

    Department of Food Science and Nutrition

    1334 Eckles Avenue

    St. Paul, Minnesota  55108-6099

    Tel: 612-624-3086

    Fax: 612-625-5272

 

 

    DOUGLAS GURIAN-SHERMAN, Ph.D.

    Science Director, Biotechnology Project

    Center for Science in the Public Interest

    1875 Connecticut Avenue, N.W.

    Suite 300

    Washington, D.C.  20009

    Tel: 202-332-9110 Ext. 377

    Fax: 202-265-4954

    dgurian-sherman@espinet.org


MEMBERS PRESENT (Continued):

 

    ANNE R. KAPUSCINSKI, Ph.D.

    Professor, University of Minnesota

    Department of Fisheries & Wildlife

    180 McNeal Hall

    1985 Buford Avenue

    St. Paul, Minnesota 55108

    Tel: 612-624-3019

    Fax: 612-625-8153

    ark@fw.umn.edu

 

 

    ABIGAIL A. SALYERS, Ph.D.

    Professor of Microbiology

    Department of Microbiology

    University of Illinois at Urban-Champaign

    B103 CLSL

    601 S. Goodwin Avenue

    Urbana, Illinois 61801

    Tel: 217-333-7378

    Fax: 217-244-8485

 

 

Temporary Voting Members:

 

    DENNIS GONSALVES, Ph.D.

    Center Director

    Pacific Basin Agricultural Research Center

    99 Apuni Street, Suite 204

    Hilo, Hawaii 96720

    Tel: 808-932-2100

    Fax: 808-969-6967

    Dgonsalkves@pbarc.ars.usda.gov

 

 

    STEPHEN BENEDICT, Ph.D.

    Department of Molecular Biosciences

    University of Kansas

    1200 Sunnyside Avenue

    Lawrence, Kansas 66045-7534

    Tel: 785-864-4007

    Fax: 785-864-5294

    sbene@ku.edu


MEMBERS PRESENT (Continued):

 

    CALVIN QUALSET, Ph.D.

    Genetic Resources Conservation Program

    DANR Building, Hopkins Road

    University of California

    Davis, California 95616

    Tel: 530-754-8502

    Fax: 530-754-8503

    coqualset@ucdavis.edu

 

 

    NINA FEDOROFF, Ph.D.

    519 Wartik Laboratory

    Huck Institute for Life Sciences

    Penn State University

    University Park, Pennsylvania 16802

    Tel: 814-863-5717

    Fax: 814-863-1357

 

 

Industry Representative:

 

    JAMES ASTWOOD, Ph.D.

    Director, Food and Feed Safety Policy

    Monsanto

    800 North Lindbergh Boulevard

    St. Louis, Missouri 63167

    Tel: 314-694-8396

    Fax: 314-694-8562

    james.d.astwood@monsanto.com

 

 

ALSO PRESENT:

 

    MR. BOB LAKE

    MS. JEANETTE GLOVER GLEW, CFSAN

    MR. MICHAEL HANSON (Public Comment)

    DR. JAMES MARYANSKI, CFSAN

    DR. THOMAS CEBULA, CFSAN


C O N T E N T S

 

AGENDA ITEM                                 PAGE

 

Welcome and Introductions                     6

Acting FBS Chair

 

Conflict of Interest Statement                9

 

Welcome from FDA                             13

 

Charge and Questions                         23

Acting FBS Chair

 

FDA's Biotech Food Safety Assessment         29

Ms. Jeanette Glover Glew, CFSAN

 

Questions of Clarification                   43

FBS Members

 

Codex Approach                               74

Dr. James Maryanski, CFSAN

 

Questions of Clarification                   92

FBS Members

 

FDA's Discussion Paper — Molecular

Characterization                            103

Dr. Thomas Cebula, CFSAN

 

Questions of Clarification                  122

FBS Members

 

Public Comment                              153

 

Summary and Review of Charge and

Questions                                   172

FDA

 

Discussion                                  179

FBS Members

 

Response to Questions                       194

FBS Members

 

Concluding Comments                         334

Acting FBS Chair


P R O C E E D I N G S

    CHAIRMAN BUSTA:  The meeting is called to order.  And welcome, all of the committee members, guests, and the members of FDA to the--this Biotechnology Subcommittee meeting of the Food Advisory Committee.

    My name is Frank Busta.  I'm a professor emeritus at the University of Minnesota.  I'm a member of the, let's see, the term is full committee.  I'm--that is not implied that I'm full of it, but some people would say it.  And I've been asked to chair this meeting as an acting chair.

    In front of you, you have an agenda, and, as you see, in addition to welcoming you, we'd like to have our introductions so that everybody knows who everyone is, and we have it on the record.

    I believe that we're asked always to talk into the microphones because it is being recorded, and that gives us a record, as well as someone taking notes.

    So, if we could start with introductions, telling us basically who you are and your--the

committee.  Douglas, would you start?

    DR. GURIAN-SHERMAN:  Doug Gurian-Sherman.  I'm with Center for Science in the Public Interest.

    CHAIRMAN BUSTA:  And you are a member of the--the regular member?

    DR. GURIAN-SHERMAN:  Yes, I'm a member of the subcommittee.

    DR. QUALSET:  I'm Cal Qualset, professor emeritus, University of California at Davis.  I'm a member--a temporary member of the subcommittee.

    DR. BENEDICT:  Steve Benedict, University of Kansas, and I'm a temporary member.

    DR. ARIAS:  Jonathan Arias, University of Maryland.  I'm a subcommittee member.

    DR. FEDOROFF:  Nina Fedoroff, Penn State University.  I guess I'm a temporary member.

    CHAIRMAN BUSTA:  Abigail?

    DR. SALYERS:  Abigail Salyers, University of Illinois, and former President of the American Society for Microbiology.  And I'm not sure what kind of member I am.

    CHAIRMAN BUSTA:  You are a member of the

subcommittee.

    DR. SALYERS:  Oh, okay.

    DR. BUCHANAN:  Bob Buchanan, University of California at Berkeley, and I believe I'm member.

    DR. GONSALVES:  Dennis Gonsalves.  I'm at Pacific Basin and Agriculture Research Center, and I'm a temporary member.

    DR. ASTWOOD:  I'm Jim Astwood.  I'm with Monsanto, and, I'm the industry liaison.

    CHAIRMAN BUSTA:  And Mike?

    DR. WATSON:  Mike Watson, the Food and Drug Administration.

    CHAIRMAN BUSTA:  And Mike does all the work.

    All right.  To get this organized and straight, I would like you to refer to our agenda.  You see estimated times to accomplish what we need to do today on the agenda.

    We hope that we can stay fairly close to that.  I will try to be as firm a chair as possible so that we do not diminish our opportunities for discussion and summaries in the afternoon.

    Mike, we're five minutes ahead of time, but I'd like--I don't mind that at all.

    DR. WATSON:  That's fine.

    CHAIRMAN BUSTA:  I will turn over the conflict of interest statement, et cetera, to Mike Watson.

    DR. WATSON:  Good morning, again.  I'm Mike Watson.  I'm the Acting Executive Secretary for the Biotechnology Subcommittee of the FDA Food Advisory Committee.

    First, I would like to read the temporary voting member appointment and conflict of interest statements into the record.

    By the authority granted under the Food Advisory Charter of July 2002, the following individuals have been appointed as temporary voting members by Joseph A. Levitt, Director of the Center for Food Safety and Applied Nutrition:

    Dr. Steven Benedict;

    Dr. Nina Fedoroff;

    Dr. Dennis Gonsalves; and

    Dr. Calvin Qualset.

    With regard to the issue of conflict of interest, committee members, both permanent and temporary, were screened for interest in bioengineered food developers.  As a result of this review, in accordance with 18 U.S.C., Section 208 (b)(3), Dr. Robert Buchanan and Dr. Dennis Gonsalves have been granted a particular matter of general applicability waiver that permits them to participate fully in matters at issue.

    Copies of their waiver statements may be obtained by submitting a written request to the Agency's Freedom of Information Office, Room 12A-30 of the Parklawn Building.

    We would also like to note that Dr. James Astwood is participating in this meeting as the acting industry representative, and is a non-voting participant.

    With respect to all other participants, we ask that, in the interest of fairness, that they address any current or previous financial involvement with any firm that develops or sells bioengineered food crops.

    Finally, FDA received a letter on Monday this week, September 22, 2003, from the Center for Science in the Public Interest, CSPI, related to the work of this subcommittee.  This letter was signed by Dr. Gurian-Sherman, a consumer representative on this subcommittee, on behalf of himself and two other subcommittee members, Drs. Arias and Kapucinski.

    The letter expresses concern about FDA's management of the subcommittee, selection of agenda topics, and other issues.  FDA has provided copies of this letter to the subcommittee members, and copies are available to the public.

    FDA appreciates receiving suggestions for enhancing the work of the subcommittee.  Since this letter was submitted too late for FDA to fully consider its contents and suggestions for changes for this meeting, we intend to examine the letter carefully and respond following this meeting.

    For today, we intend to focus on the agenda that we have prepared.  Mr. Chairman, we note that one of the issues raised in the CSPI

letter dealt with future agenda items for the subcommittee.

    We leave it to your discretion; but, if time permits, FDA will be interested to hear any suggestions that subcommittee members may have on future agenda items.

    I'll turn it back over to Dr. Busta.

    CHAIRMAN BUSTA:  Well, thank you, Mike.

    I'm not sure if we got a copy of that letter by e-mail before this meeting.  I'm not sure how many of you are in a position to see your

e-mail en route.  The--we'll have an opportunity to look at that in case you hadn't seen it earlier; and, as Mike indicated, we will do our best to get through the agenda.  And we will place that at the end of the agenda for comment, and we can expand that for other comments beyond the letter as for future agenda items.

    All right.  Now, we're going to have a welcome from FDA.  And I assume that's Bob Lake?

    MR. LAKE:  Yes.

    CHAIRMAN BUSTA:  They're really neglecting

you this morning, Bob.  They didn't give you a name card.

    MR. LAKE:  Well, that's all right.

    Let me--well, again, I am Bob Lake.  I'm the Director of Regulations and Policy at the Center for Food Safety and Applied Nutrition.  I report directly to Joe Levitt, and one of the things in my portfolio is policy issues relating to bioengineered foods.  Jim Maryanski, Dr. Maryanski, who will be talking to you later, and who I think is--most of you know very well--has been my technical advisor for probably 15 years.

    He is the biotech coordinator, but we established that position back in the late '80s; and his title and mine have changed a little bit over the years.  But we have worked very closely together throughout that time.

    I want to officially, on behalf of SISAM management, welcome you here to this meeting.  I know everyone has very busy schedules, and it's certainly hard to find a time where we can get everyone.

    But we very much appreciate all of you being here.  You are important to us.  We very much appreciate your time, your consideration; and will value whatever advice we get from you.

    I thought I would take a little bit of a moment to just sort of update you on sort of what's been going on, or, in some cases, not going on.  Just to give you a little bit of a backdrop, I'm going to try to do this very quickly.

    As you all I think know, FDA is only one of the agencies in the Federal Government that is involved in issues that relate to bioengineered foods.  The Department of Agriculture, most notably.  The Animal, Plant, Health and Inspection Service has responsibility for, you know, the planning of bioengineered plants.  EPA has responsibility for genetically engineered pesticides that are genetically engineered into new plant varieties.  And then FDA, of course, has the responsibility for the safety of foods, and, you know, again, that's--we're talking about what happens to the person who eats the food.

    Also, we have the responsibility for animal feeds, and so we have a concern about that, as well.

    Since the StarLink episode of a few years ago, there's been a sense across the agencies that there has been a need for greater interaction.  And, indeed, there have been numerous meetings among the agencies, these agencies, also others, from time to time, to deal with a couple of sort of cross-cutting issues.  These, by the way, have generally been held under the auspices of the Office of Science and Technology Policy, OSTP.

    One of these issues that we have grappled with in an interagency context has related to the potential for new plant varieties that are still in the developmental stage perhaps inadvertently contaminating traditional food crops.  And the OSTP, after numerous interagency discussions, published a document setting out some tentative thoughts about that and invited public comment.

    Following that, the--there was a recognition that there's a growing concern about

the use of food crop plants to produce pharmaceutical, industrial chemicals.  We generally refer to these as pharm plants, spelled P-H-A-R-M, as a convenient shorthand for talking about these kinds of crops.

    As some of you know, we did have an episode last year.  Nothing got into food.  But it sort of heightened the concerns within the government about the potential for contamination of food with non-food producing crops, such as corn used to produce pharmaceuticals.

    Those discussions are ongoing.  They have not come to closure yet. When they do, I expect that there will be something similar coming out of that to the OSTP publication that I mentioned a moment ago.

    Of course, throughout all of these discussions, FDA is going to the meetings, participating in the meetings, with the recognition that our primary responsibility really is about the safety of the food; and we try to stay focused on that as we go through these discussions,

recognizing there are many other issues.

    But the one that is primary importance to FDA, and that we like to stay primarily focused on is the safety of the food itself.

    We--as you all know, we published a proposal to make our current consultation process mandatory.  We have not taken final action on that.  Any of you who read the proposal will know that we raised in that proposal an issue about whether we actually had the legal authority to make the process mandatory.  That has continued to be an issue.

    The other thing that has come along is the events of September 11th of 2001, and a need to focus a lot of attention on bioterrorism.  I can tell you personally that that issue has largely taken over my life since I head the office that is responsible for developing FDA's regulations to implement that new law that was passed by Congress and signed President Bush June a year ago.

    The other thing, of course, that we always face is that there are a large number of very

important issues before the agency at any given time, and we can't deal with all of them all at once.

    When our Center Director, Joe Levitt, came back in 1998, one of the practices he instituted was a process, a priority-setting process, that results in something that we normally refer to as the Yellow Book, that articulates the Center's priorities.

    And the A-list things are things we are going to do within the current, you know, fiscal year.  B-list are things that are being worked on, and anything that's not on either of those two lists is not going to be done for a while.

    We have--again, one of the other things that Mr. Levitt instituted was a process of seeking public input on what these priorities are.  And we can't make everybody happy.  We can't deal at any instant with anything--with everything that is deemed by even us to be important; but we do try to have this orderly process for setting priorities. And one of the things you will note is that the

mandatory proposal is not an A-list item.

    The other thing that we are continuing to work on, but have not come to completion on yet, is allergenicity.  This subcommittee considered some of those issues at your first meeting.  We still intend to come back to the subcommittee with allergenicity issues, but we have not, you know, we were not ready to do that for this meeting.

    We generally are trying to keep up with the science, though, we certainly see this subcommittee as helping us in that process.  And, as you will hear more about a little later, we have, over the last four years, participated actively in the Codex Alimentarias effort at the international level to develop principles and guidelines for the assessment of bioengineered plants and also bioengineered microorganisms used in food production.  And Dr. Maryanski will talk about some of that as it relates to the agenda before you today.

    In the meantime, FDA is still following the guidance that we issued in 1992.  We--it

continues to be our belief that all of the foods that are in the marketplace in the United States today have gone through that process; and, also, so far as we know, none of the foods that have successfully completed that consultation process is presenting any kind of public health problems to American citizens.

    Nonetheless, we recognize that scien