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 April. 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- On April 3, 2024, the agency released a draft guidance for the industry, “New Dietary Ingredient Notification Master Files for Dietary Supplements.” The draft guidance, once finalized, will respond to the industry’s request for specific guidance regarding Master Files, which are not required, but can facilitate parts of the new dietary ingredient notifications (NDINs).
- On April 8, 2024, released data from a sampling assignment to test imported honey for economically motivated adulteration. Specifically, the sampling was intended to identify products that contained undeclared sweeteners that are less expensive than honey (i.e., syrups from cane and/or corn).
- On April 18, 2024, FDA published an update on the agency’s activities to better understand Per- and Polyfluoroalkyl Substances (PFAS) in the food supply. The update included general information on testing and continuing efforts.
United States Department of Agriculture (USDA)
- On April 1, 2024, USDA’s Food Safety and Inspection Service (FSIS) published a revised version of the “FSIS Guideline for Retained Water.” The guideline assists meat (including Siluriformes fish and fish products) and poultry establishments in meeting the regulatory requirements for calculating the correct retained water percentage in raw meat and poultry products and parts resulting from post-evisceration processing and the proper labeling of these retained water products.
- On April 10, 2024, USDA’s Agriculture Marketing Service (AMS) released a notice and request for information, “National Bioengineered Food Disclosure Standard; Request for Information on Electronic and Digital Link Disclosures” which solicits information about potential amendments to the electronic or digital link disclosure option as it pertains to the National Bioengineered Food Disclosure Standard (the BE Standard).
- On April 26, 2024, USDA-FSIS announced its final determination to declare Salmonella an adulterant in raw breaded stuffed chicken products when they exceed a specific threshold (1 colony forming unit (CFU) per gram or higher) for Salmonella contamination.
- On April 26, 2024, USDA’s Animal and Plant Health Inspection Service (APHIS) published new guidance, “APHIS Requirements and Recommendations for Highly Pathogenic Avian Influenza (HPAI) H5N1 Virus in Livestock For State Animal Health Officials, Accredited Veterinarians and Producers.” The guidance outlines new Federal requirements and recommendations for testing livestock. This is prompted by the HPAI H5N1 virus being detected in cattle, with evidence of transmission from wild birds to dairy cows and subsequent spread to other dairy herds and poultry premises.
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Please contact Kyla Kaplan (kkaplan@ofwlaw.com) if you have any questions or are interested in additional assistance.
