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 March. 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)
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- On March 17, 2026, FDA announced they are extending the comment period for “Labeling and Preventing Cross-Contact of Gluten for Packaged Foods; Request for Information (RFI) until April 22, 2026. The RFI is requesting data and information on the issues raised in and specific questions related to a citizen petition from Celiac Journey related to labeling and preventing cross-contact of gluten for packaged foods.
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- On March 20, 2026, FDA announced a delay of the effective date for the two new color additives exempt from certification that are listed below: Spirulina Extract (2026-05733.pdf) and Beetroot Red (2026-05732.pdf). According to the notice, “the delay of the effective date is required by law following the filing of timely objections and a request for a hearing on the final order.”
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- On March 27, 2026, FDA held a public meeting discussing “Exploring the Scope of Dietary Supplement Ingredients.” The meeting discussed FDA’s next steps regarding the meaning of the dietary ingredient categories defined in the Dietary Supplement Health and Education Act (DSHEA) of 1994.
United States Department of Agriculture (USDA)
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- On March 20, 2026, the Food Safety and Inspection Service (FSIS) released a new tool to gain real-time access to the Safe and Suitable Ingredients list. The Safe and Suitable Ingredients Application Programming Interface (API) will be on the FSIS Developer Resources page with the other API’s for recall data and the Meat, Poultry and Egg Product Inspection Directory (MPI Directory).
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- Retained Water Protocol (RWP) Updates
- On March 6, 2026, FSIS published FSIS Directive 6700.1: Retained Water Verification – Revision 3 to announce changes in the RWP review and approval process. As part of this issuance, FSIS’s Office of Policy and Program Development (OPPD) will resume the review and approval of RWPs and associated data as establishments enhance data collection and accuracy and finalize conclusions in preparation for any necessary label changes; and
- On March 30, 2026, FSIS announced one final extension of the Retained Water Label Changes until January 1, 2027, to ensure that stakeholders can obtain sufficient label materials and update any product labels.
- Retained Water Protocol (RWP) Updates
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- On March 30, 2026, FSIS published instructions for small and very small establishments on applying for reduced overtime and holiday inspection fees. FSIS is using $20 million in de-obligated funds to temporarily reduce fees for Fiscal Year (FY) 2026, as previously announced on November 18, 2025. Eligible small establishments can receive a 30% reduction, and eligible very small establishments can receive a 75% reduction in their fees.
Other
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- Generally Recognized as Safe (GRAS) continues to be a topic of discussion on both the Federal and state levels. This month, FSIS stated that they have submitted interagency feedback to FDA twice regarding FDA’s proposed modernization of its food chemical safety (GRAS-related) framework. However, no proposed rule has been released. We will continue to monitor updates
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Please contact Kyla Kaplan ([email protected]) if you have any questions or are interested in additional assistance.
