food allergy. In addition, a well-regulated system of common or usual names is vital to prevent economic deception of consumers.
Therefore, the Committee suggests that:
The Fish List should be continued as a formal FDA advisory opinion to industry.
the designations of origin (farm, river, lake) for catfish, which provide potentially useful information to consumers, should be considered by FDA as candidate for an advisory opinion or incorporated into Federal regulations.
because FDA policies for labeling surimi-based products appear to provide adequate regulation, State requirements are candidates for preemption.
This State requirement appears to be predominantly protectionist in that no specific justification is provided for limiting the source to the defined producing locality. However, because of the widespread recognition of the Vidalia onion name, the Committee suggests that Georgia (or any other group or industry) consider submitting a petition to FDA to establish a common or usual name for the Vidalia onion based on measurable geographical, botanical, and/or quality criteria that justifiably differentiate it from other varieties or species of onion.
The high cost of wild rice makes this product prone to consumer deception through substitution and blending, regardless of its relative market position as compared with other rice products. Therefore, the Committee suggests that FDA issue a formal advisory opinion or establish a common or usual name regulation defining wild rice in terms of its botanical name(s). Current State requirements should not be candidates for exemption from preemption until a formal FDA requirement is in place.