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 November. 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 November 6, 2025, Senator Roger Marshall (R-Kansas), co-sponsored by Senators Rick Scott (R-Florida) and Katie Britt (R-Alabama), introduced the Better Food Disclosure Act of 2025, which would amend the Federal Food, Drug, and Cosmetic Act (FD&C Act) by adding a new section that deems any Generally Recognized as Safe (GRAS) substance not listed on a new public FDA-maintained list as unsafe and adulterating food. This bill is touted as a way to close the GRAS “loophole” and to advance Make America Healthy Again (MAHA) transparency goals. While reported as creating a national standard, the bill lacks federal preemption of state laws or grandfathering for current GRAS uses, requiring notifications to FDA within two years for existing substances and 120 days before new uses, with FDA responding in 180 days or automatically listing them. We anticipate that FDA may take additional actions around the GRAS “loophole” by the end of the year.
United States Department of Agriculture (USDA)
- On November 20, 2025, USDA’s Food Safety and Inspection Service (FSIS) published FSIS Directive 6700.1 Rev. 1, “Retained Water Verification.” The Directive provides instructions to inspection program personnel (IPP) for reviewing the establishment’s retained water protocol (RWP) and performing required verification activities for retained water in raw meat and poultry products. The Directive will not be implemented until December 1, 2025. Note: if you have questions regarding RWP and your obligation, please contact us.
- On November 21, 2025, USDA’s Animal and Plant Health Inspection Service (APHIS) launched a new unified New World Screwworm (NWS) website to provide ongoing information on efforts to fight NWS across the country.
- On November 26, 2025, USDA-FSIS will undertake the next steps to gather input on ways to reduce Salmonella illness from poultry products. On January 14, 2026, from 11:00 AM – 4:00 PM EST, FSIS will host a public meeting to gather stakeholder input on practical strategies. Simultaneously, FSIS announced a delay (no date provided) in verification activities for not-ready-to-eat (NRTE) breaded stuffed chicken due to concerns about current test method reliability.
Other
- The 43-day federal government shutdown ended on November 12, 2025. During the shutdown, FDA and USDA continued to provide mandatory food supply chain support. However, the shutdown did impact a myriad of USDA and FDA functions, such as expert consulting (i.e., many federal experts were furloughed). It also resulted in delays in the response to Freedom of Information Act (FOIA) requests, agency reviews, and policy and rulemaking.
- Secretary of HHS Robert F. Kennedy, Jr., with the support of Secretary of USDA Brooke Rollins, has stated that the new Dietary Guidelines for Americans (DGA) will be published in December 2025. Among other things, the DGA has been rumored to potentially bring back the food pyramid, focus on allergies, end the “war on saturated fat,” and overall simplify/shorten the DGA from its traditional form.
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Please contact Kyla Kaplan (kkaplan@ofwlaw.com) if you have any questions or are interested in additional assistance.
