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 August. 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 Friday, August 7, 2026, FDA sent an ultra-processed food (UPF) “white paper” to the White House for review. No definition has been released yet, but following the meetings at the Office of Management and Budget (OMB), we expect further policy developments regarding UPFs shortly.
- On August 10, 2026, during the U.S. Health and Human Services (HHS) Food Policy Celebration, FDA released its much-anticipated proposed rule, “Substances Generally Recognized as Safe.” The Proposed Rule, if finalized, would change the longstanding process around substances Generally Recognized as Safe (GRAS) by replacing the current voluntary process for notifying the agency of a company’s use of a self-determined GRAS substance with a mandatory notification and submission for human and animal (including pets) food (hereafter “food” as defined under Section 201(f)) substances that purport to be GRAS. Comments on the Proposed Rule are due by December 9, 2026 (120 days after publication).
- On August 18-19, 2026, FDA hosted a public meeting (in-person and virtual) on Listeria monocytogenes (Lm) prevention (Meeting), which included a wide variety of speakers. The Meeting was the first in a series of public engagements, including workshops and webinars, intended to facilitate discussion on managing the risk of Lm.
United States Department of Agriculture (USDA)
- USDA’s Food Safety and Inspection Service (FSIS) has announced that beginning September 3, 2026, any animal products (with some exceptions like composite products) exported to the European Union (EU) must comply with Article 118 of Regulation (EU) 2019/6 and not be derived from animals ever administered (including via medicated feed) antimicrobials of human health concern (as listed by the EU) or any antimicrobials for growth promotion. When applying for export certification, there will need to be documentation that substantiates this attestation in the export/health certificate signed by the FSIS veterinarian.
Other
- On the evening of August 27, 2026, the U.S. District Court for the District of Oregon upheld Oregon’s Plastic Pollution and Recycling Modernization Act (RMA), administered by the Oregon Department of Environmental Quality (DEQ). This decision rejected constitutional challenges brought by the National Association of Wholesaler-Distributors (NAW), marking a significant judicial validation of state packaging Extended Producer Responsibility (EPR) laws. The court found that the RMA does not violate the Dormant Commerce Clause or the Due Process Clause of the U.S. Constitution, and upheld Oregon’s requirement that producers of packaging, paper products, and food serviceware participate in and fund the state’s producer responsibility program through a third-party Producer Responsibility Organization (PRO). NAW may appeal the decision to the U.S. Court of Appeals for the Ninth Circuit within 30 days. The outcome of any appeal could have broader implications for similar EPR programs nationwide. For now, the ruling suggests that legal challenges are unlikely to delay implementation, and businesses should continue preparing for compliance with state EPR obligations. Oregon DEQ is also preparing further RMA regulations, with a public comment period expected to open on September 14, 2026.
***
Please contact Kyla Kaplan ([email protected]) if you have any questions or are interested in additional assistance.
