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 February. 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 February 5, 2026, FDA advanced its Make America Healthy Again (MAHA) initiative by taking further steps to promote “No Artificial Colors” and phase out petroleum-based synthetic dyes from the nation’s food supply and medications. These actions include: (1) Issuing a Letter to Industry stating that the agency plans to provide enforcement discretion for “No Artificial Colors” and similar claims (i.e., FDA’s issuance of enforcement discretion does not change the current regulatory definition of “artificial color,” which means that definition can still be enforced under state laws, i.e., through Plaintiff’s class action lawsuits); and (2) Approving expanded uses of two color additives: Spirulina Extract and Beetroot Red.
- On February 20, 2026, FDA published the draft guidance “Questions and Answers About Requirements for Additional Traceability Records for Certain Foods,” addressing questions regarding the implementation of the final rule, “Requirements for Additional Traceability Records for Certain Foods.” The Draft Guidance is meant to answer industry questions about the Final Rule, which established additional recordkeeping requirements for persons who manufacture, process, pack, or hold foods the agency has designated for inclusion on the Food Traceability List (FTL).
- On February 25, 2026, FDA hosted (in-person and virtually) an Expert Panel on Food Allergies (Expert Panel or Panel). Following FDA’s February 18-20, 2026, virtual public meeting and subsequent listening sessions (here) on strategies for establishing food allergen thresholds to protect public health, the Expert Panel convened to discuss the future of food allergy management.
United States Department of Agriculture (USDA)
- On February 19, 2026, USDA’s Food Safety and Inspection Service (FSIS) released two line speed proposed rules: (1) “Maximum Line Speed Under the New Swine Slaughter Inspection System (NSIS)” and (2) Maximum Line Speed Rates for Young Chicken and Turkey Establishments Operating Under the New Poultry Inspection System.” FSIS asserts that these changes will allow establishments to operate more efficiently while maintaining food safety, humane handling, and inspection integrity.
- On February 25, 2026, USDA’s Secretary of Agriculture Brook Rollins, Deputy Secretary Stephen Vaden, Senator Joni Ernst (R-Iowa), and General Services Administration (GSA) Administrator Edward Forst announced forthcoming steps towards USDA’s reorganization efforts: (1) the disposal of the USDA South Building in Washington, D.C. and the local relocation of USDA’s Food and Nutrition Service (FNS). To date, USDA officials have not announced any additional changes.
Other
- On February 20, 2026, the Supreme Court ruled 6–3 (decision) to strike down two sets of tariffs: the reciprocal tariffs on all countries and the fentanyl-related tariffs on Canada, Mexico, and China. The Court decided that the International Emergency Economic Powers Act (IEEPA) does not give the President authority to impose tariffs, since that law only allows limited regulation of imports during a national emergency. The Justices said Congress would not have intended to hand over its constitutional power to levy taxes through such vague wording. They also found the tariffs invalid under the “major questions” doctrine, which says agencies cannot make decisions with major economic or political impact without clear authorization from Congress. After the ruling, President Trump issued a new Proclamation imposing a temporary 10% tariff on all imports under Section 122 of the Trade Act of 1974. That law lets the President impose short-term tariffs—up to 150 days—to correct balance-of-payments problems.
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Please contact Kyla Kaplan ([email protected]) if you have any questions or are interested in additional assistance.
