OFW’s Food & Agriculture team regularly monitors announcements and policy issuances from FDA, USDA, and other agencies to keep our clients apprised of regulatory developments that may impact their business. Here are a few of the significant developments from June. If you have any questions or would like more information, please do not hesitate to reach out to us.
U.S. Food and Drug Administration (FDA)
- On June 25, 2024, FDA issued a warning letter based on products including ingredients that are or contain major food allergens on their labels, but those ingredients were not included in the product formulations. While “may contains” statements are permissible on labels, they are only supposed to be used if there is a reason why good manufacturing practices will not control allergen cross-contact. This appears to be the first time FDA has issued a warning such as this.
- On June 26, 2024, FDA updated its Question and Answers (Q&A) on PFAS in Food. While it does not appear that FDA has taken any new action on PFAS, the Q&A provides some insight into FDA’s current thinking.
- On June 27, 2024, FDA published additional resources for industry to assist them in complying with the Federal Food Traceability Rule. The resources include: (1) A downloadable, electronic sortable spreadsheet template; (2) Minor revisions to the Food Traceability List and a new FAQ clarifying the status of previously frozen foods on the list; (3) A chart summarizing exemptions relevant to produce farms for both the Produce Safety Rule and the Food Traceability Rule; (4) A supply chain example for sprouts; and (5) New translated material about the Traceability Lot Code and the Traceability Plan.
United States Department of Agriculture (USDA)
- On June 3, 2024, the U.S. Department of Agriculture’s (USDA) Agricultural Marketing Service (AMS) announced a pre-published version of the proposed rule, “Poultry Grower Payment System and Capital Improvement Systems.” The Proposed Rule is part of AMS’s broader effort to increase transparency and address potential deception and unfairness in contracting arrangements.
- On June 25, 2024, USDA-AMS released a pre-publication version of a proposed rule, “Fair and Competitive Livestock and Poultry Markets.” The Proposed Rule would amend the Packers and Stockyards Act regulations to provide the agency’s interpretation of what constitutes “unfair practices.” Specifically, the Proposed Rule defines conduct that harms “market participants” and conduct that harms “markets” as unfair practices.
- On June 25, 2024, USDA’s Food Safety and Inspection Service (FSIS) announced the availability of its updated “FSIS Guideline for Residue Prevention” to prevent violative residues in meat and poultry slaughter establishments. Simultaneously, FSIS also released FSIS Notice 21-24, “Availability of Updated Guideline for Residue Prevention” to provide instructions to inspection program personnel.
Other
- On June 12, 2024, FDA, USDA, and and the U.S. Environmental Protection Agency (EPA) announced the “National Strategy for Reducing Food Loss and Waste and Recycling Organics.” The strategy highlights four objectives: (1) Prevent food loss, (2) Prevent food waste, (3) Increase the recycling rate for all organic waste, and (4) Support policies that incentivize and encourage the prevention of food loss and waste and organics recycling.
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Please contact Kyla Kaplan (kkaplan@ofwlaw.com) if you have any questions or are interested in additional assistance.
