April Food and Agriculture Regulatory Recap

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 April 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 April 14, 2023, FDA announced their transition away from flexibilities available to qualified exempt farms under the FDA Food Safety Modernization Act (FSMA) Product Safety Rule during the COVID-19 Public Health Emergency (PHE). During the PHE, farms were eligible for a qualified exemption if they met certain criteria.

  • On April 20, 2023, FDA announced that, based upon stakeholder requests, the agency is reopening the comment period for the Draft Guidance for Industry, “Labeling of Plant-Based Milk Alternatives and Voluntary Nutrient Statements.” The comment period has been extended to July 31, 2023. 

  • On April 24, 2023, FDA published a notice, “Food Labeling in Online Grocery Shopping; Request for Information.” FDA’s interest is propelled by consumers increasingly purchasing food online; a trend that surged during COVID-19. Here, FDA is seeking information on the content, format, and accuracy of food nutrition, ingredient, and allergen information available through online grocery shopping platforms.  FDA seeks information about the foods consumer order “through grocery retailer (e.g., supermarket) websites, directly from the manufacturer’s websites, and third-party online grocery providers (e.g., a grocery fulfillment service that offers food products from various grocery retailers).”

U.S. Department of Agriculture (USDA)

  • On April 14, 2023, FSIS announced two upcoming meetings:

    • June 21-22, 2023: The National Advisory Committee on Meat and Poultry Inspection (NACMPI) (virtually) will meet to discuss state and federal meat and poultry inspection programs, food safety, and other matters that fall within the scope of the Federal Meat Inspection Act (FMIA) and the Poultry Products Inspection Act (PPIA).

  • On April 19, 2023, USDA’s Agricultural Marketing Service (AMS) announced two new grant programs with up to $125 million in funding to create more options for small, local, independent, and tribal meat and poultry operations.

  • On April 25, 2023, the USDA’s Food Safety and Inspection Service (FSIS) released the anticipated “Salmonella in Not-Ready-To-Eat (NRTE) Breaded Stuffed Chicken Products; Proposed Determination and Request for Comments” (the Proposed Determination), todeclare Salmonella an adulterant in breaded, stuffed raw chicken products when the chicken component tests positive for Salmonella at 1 colony forming unit (CFU) per gram or greater prior to stuffing and breading.


  • On April 13, 2023, the U.S. Federal Trade Commission (FTC) sent almost 700 companies warning notices regarding the marketing of products such as OTC drugs, homeopathic products, dietary supplements, and functional foods. The warning notices reminded marketers of these products to avoid deceptive advertising and illegal claims which cannot be substantiated. FTC said in their warning that they will not hesitate to use the agency’s authority to target violators with large civil penalties.

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