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 August 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 August 9, 2023, FDA published a direct final rule, “Revocation of Uses of Partially Hydrogenated Oils (PHOs) in Foods, which completes the agency’s June 17, 2015, final determination that PHOs in food are no longer Generally Recognized As Safe (GRAS). Simultaneously, FDA issued a companion proposed rule that would revoke the use of PHOs. FDA published the proposed rule as a fallback measure in case the direct final is withdrawn (due to the submission of significant adverse comments).
- On August 25, 2023, FDA published a proposed rule, “Fish and Shellfish; Canned Tuna Standard of Identity (SOI) and Standard Fill of Container.” The proposed rule would replace the current method for determining the standard fill of a container – “pressed cake weight method” – with the “drained weight method” and clarify how the use of a packing medium is optional.
- On August 23, 2023, FDA announced the selection of James “Jim” Jones to serve as the first Deputy Commissioner for Human Foods. The Deputy Commissioner role was established as part of FDA’s recent proposal to reorganize the Human Food Program.
- This month, FDA announced two upcoming public listening sessions that may be of interest:
- On September 29, 2023, the agency will be hosting (in-person and virtual) a public listening session on modernizing FDA recalls (i.e., for FDA-regulated products).
- On November 6-8, 2023, the agency will host a virtual public meetings and listening sessions on strategies to reduce added sugar consumption in the U.S.
United States Department of Agriculture (USDA)
- On August 17, 2023, USDA’s Food Safety and Inspection Service (FSIS) published the final rule, “Condemnation of Poultry Carcasses Affected with any Form of Avian Leukosis Complex; Recession.” The final rule officially amends the Poultry Products Inspection Act (PPIA) regulations to rescind several regulations requiring the condemnation of poultry carcasses affected with any form of avian leukosis complex (avian leukosis). Beginning September 18th, avian leukosis will be a “trimmable” condition.
- On August 21, 2023, USDA-FSIS provided an update on the individual establishment Salmonella performance standard category information for raw poultry carcasses, raw chicken parts, and comminuted poultry products.
Other
- On August 25, 2023, The Interagency Food Safety Analytics Collaboration (IFSAC)—a collaboration between USDA-FSIS, FDA, and the Centers for Disease Control (CDC)—published its upcoming priorities for 2024-2028.
- On August 30, 2023, The National Advisory Committee on Microbiological Criteria for Foods (NACMCF) – an advisory committee originally established in 1988 by USDA – hosted a subcommittee Plenary Public Meeting. The 2021-2023 current NACMCF subcommittee work can be found here. During the meeting, NACMCF focused on two FDA subcommittee charges:
- Cyclospora cayetanensis in Produce – The subcommittee discussed, voted, and officially adopted the report and recommendations on C. cayetanensis in produce. The draft report and recommendations can be found here. The final report will be posted here shortly.
- Cronobacter Spp. in Powdered Infant Formula – The subcommittee provided an update on the charge related to Cronobacter spp. in powdered infant formula.
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Please contact Kyla Kaplan (kkaplan@ofwlaw.com) if you have any questions or are interested in additional assistance.
