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 August. If you have any questions or would like more information, please do not hesitate to contact us.
U.S. Food and Drug Administration (FDA)
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- On August 6, 2025, FDA proposed extending the compliance date for the Food Traceability Rule by 30 months, moving the deadline from January 20, 2026, to July 20, 2028. This extension aims to give the food industry more time to coordinate across supply chains and meet the rule’s detailed recordkeeping requirements for foods on the FDA’s Food Traceability List.
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- On August 18, 2025, the Department of Health and Human Services (HHS), which oversees FDA, launched the “MAHA in Action” tracker, an online platform that showcases federal and state reforms advancing the Make America Healthy Again (MAHA) agenda. This tracker highlights ongoing initiatives, legislative actions, and policy changes. It serves as a resource to monitor steps in the MAHA-related efforts across various sectors and jurisdictions.
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- On August 19, 2025, FDA updated its list of select chemicals under post-market review in the food supply, adding substances like antioxidants BHA and BHT, azodicarbonamide, several synthetic color additives, and opiate alkaloids in poppy seeds. The agency is seeking data from stakeholders to facilitate these assessments and has separated lead as a food contact substance from lead as a contaminant for clearer evaluation.
United States Department of Agriculture (USDA)
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- On August 15, 2025, FSIS announced they are extending the deadline for establishments to update their labels to align with the Retained Water Labeling Changes by 30 months, from January 1, 2026, to July 1, 2028.
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- On August 15, 2025, FSIS released a new generic model for ready-to-eat (RTE) fermented, salted, dried products to assist establishments in meeting regulatory requirements
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- On August 19, 2025, FSIS published a Proposed Rule in the Federal Register, “Visual Post-Mortem Inspection in Swine Slaughter Establishments,” to amend inspection requirements in swine slaughter establishments. The rule proposes removing the need for establishments to incise mandibular lymph nodes and palpate viscera during sorting activities before post-mortem inspections. This is part of the New Swine Slaughter Inspection System (NSIS).
Other
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- On August 15, 2025, the U.S. Department of Justice (DOJ), published a Request for Information on State Laws Having Significant Adverse Effects on the National Economy or Significant Adverse Effects on Interstate Commerce (RFI). The RFI requests public input on state laws, regulations, and practices that significantly and negatively affect the national economy or interstate commerce. The feedback is meant to assist Executive Branch agencies in evaluating whether certain state actions raise costs, burden markets, or extend one state’s regulatory reach into others. See OFW Law’s blog for additional information (here).
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Please contact Kyla Kaplan (kkaplan@ofwlaw.com) if you have any questions or are interested in additional assistance.