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 September. 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 September 17, 2026, FDA issued the 2026 edition of the FDA Food Code. The Food Code is a model code containing uniform provisions that FDA offers for adoption by local, state, tribal, and territorial jurisdictions to govern retail food and food service operations. The FDA Food Code is updated every two (2) years to reflect advances in food safety science, regulatory practices, and emerging industry trends..

On September 24, 2026, the Senate HELP Committee held the confirmation hearing on the Nomination of Dr. Heidi Overton to serve as Commissioner of FDA. The Hearing highlighted concerns over her lack of direct answers on key regulatory, food safety, vaccine, and independence issues amid ongoing public health challenges and political pressures, leaving uncertainty about her nomination’s advancement. At this time, we do not know if Dr. Overton has sufficient support to clear the HELP Committee or the full Senate, but it appears her nomination will be voted on after the midterm election on November 3, 2026.

On September 25, 2026, the Office of Budget and Management (OMB) completed its review of FDA’s “Action Levels for Cadmium in Processed Food Intended for Babies and Young Children; Draft Guidance for Industry,” which should now be released shortly.

United States Department of Agriculture (USDA)

On September 4, 2026, USDA’s Food Safety and Inspection Service (FSIS) updated the establishment-specific Salmonella performance standard category information for raw poultry carcasses, raw chicken parts, and comminuted poultry products on its Salmonella Verification Testing Program Monthly Posting page. FSIS will now also post aggregate sampling results showing the number of establishments in Categories 1, 2, and 3 for young poultry carcasses, raw chicken parts, and not-ready-to-eat (NRTE) comminuted poultry products.

On September 17, 2026, the U.S. Department of Agriculture’s (USDA) Food Safety and Inspection Service (FSIS, or the agency) published two revised directives pertaining to export certification procedures: Directive 9000.1, Rev. 3, Export Certification, and Directive 13000.5, Rev. 1, Public Health Information System Export Certification.

Other

On September 28, 2026, California Governor Gavin Newsom signed CA AB 2244, “Non-Ultraprocessed Certified Food Standard,” into law, creating a new voluntary “Non-Ultraprocessed Certified” or “Non-UPF” label for foods and beverages. The law establishes a California-sponsored certification and labeling program for food and beverage products that qualify for the Non-UPF Certified Seal, creates standards governing the use of the Non-UPF Certified Seal, and requires certain larger grocery stores to make Certified Products more visible and readily identifiable to consumers.

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Please contact Kyla Kaplan ([email protected]) if you have any questions or are interested in additional assistance.