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 developments from July that should be highlighted.
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 July 6, 2023, FDA released an updated list of draft and final guidance topics that the agency is prioritizing and planning to complete during 2023 for the FDA Foods Program. FDA also provided a summary of the topics added, updated, and which have been completed since January 2023.
- On July 13, 2023, FDA re-issued (unchanged) two temporary guidance documents that were published during the COVID-19 public health emergency (PHE) to extend the enforcement discretion for certain Federal Food Safety Modernization Act (FSMA) requirements: (1) Temporary Policy Regarding Accredited Third-Party Certification Program Onsite Observation and Certificate Duration Requirements Due to COVID-19 and Temporary Policy Regarding Preventive Controls and FSVP Food Supplier Verification Onsite Audit Requirements Due to COVID-19.
- On July 27, 2023, FDA provided an “Update on Sesame Allergen Labeling on Food Packages.” As a reminder, sesame was added as the ninth major food allergen in January 2021 when the Food Allergy Safety, Treatment, Education, and Research Act went into effect.
U.S. Department of Agriculture (USDA)
- On July 7, 2023, USDA’s Food Safety and Inspection Service (FSIS) announced it will continue the overtime and holiday inspection fee reduction program for small and very small establishments until September 30, 2023, using FY2023 appropriated funds. Initially, using the $100 million from the American Rescue Plan (ARP), FSIS reduced the rate of these fees by 30% for small and 75% for very small establishments. As part of the June debt ceiling deal (H.R. 3746) between Congress and the White House, federal agencies must rescind any unspent Covid-19 relief funds that remain unspent by the end of the fiscal year.
- On July 17, 2023, FSIS updated the agency’s publicly available datasets on import refusals and country-level import volume for meat, poultry, and egg products.
- On July 18, 2023, FSIS reminded in-plant personnel that it, along with USDA’s Agricultural Research Service (ARS), will be starting the sampling project to assess antibiotic residue in cattle intended to be labeled as “raised without antibiotics.” More information can be found in FSIS Notice 26-23, “Questionnaire For Raised Without Antibiotics Special Labeling Claims on Beef.”
Other
- On July 5, 2023, FDA and the Federal Trade Commission (FTC) jointly sent six (6) cease and desist letters to companies marketing and selling edible products containing Delta-8 tetrahydrocannabinol (THC) in packaging similar to snacks and candy ordinarily eaten by children
- On July 27, 2023, the House Oversight and Accountability Subcommittee on Health Care and Financial Services hosted a hearing titled, “Hemp in the Modern World: The Yearslong Wait for FDA Action” to examine the FDA’s “failure to regulate hemp-derived and cannabidiol (CBD) products under existing authorities for years.” The Subcommittee, chaired by Rep. James Comer (R-KY), is in the process of investigating FDA’s failure to regulate hemp-derived CBD as a dietary supplement.
- On July 26, 2023, the FTC published a final rule adopting revised “Guides Concerning the Use of Endorsements and Testimonials in Advertising.” The Guides are non-binding and are meant to assist businesses in promoting products or services through the opinions, beliefs, findings, or experiences of third parties (e.g., customers, celebrities, or experts). Then, on July 31, 2023, FTC released a proposed rule, “Use of Consumer Reviews and Testimonials,” which, if finalized would create binding regulations prohibiting certain specified unfair or deceptive acts or practices related to consumer reviews or testimonials.
