Ben Dash

Food, Ag, & Trade Outlook in the Incoming Trump Administration

The food, agriculture, and trade sectors are aware the Trump Administration could bring myriad policy changes that could have a significant impact on business.    OFW Law provides an initial outlook at the new administration’s approach to food, agriculture, and trade, which will be influenced by individual cabinet and other executive branch appointments who will […]

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The Emerging Legal Impacts of Generative AI on Patents and Trademarks: A Symposium with the USPTO and U.S. Copyright Office

As generative artificial intelligence (AI) systems become increasingly powerful and widespread, the United States Patent and Trademark Office (USPTO) is beginning to evaluate the legal implications for intellectual property rights and protection. On March 27th, the USPTO and the U.S. Copyright Office jointly held a public symposium to explore the emerging challenges AI presents across

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CannaSweep’s Congressional Bill Tracker Can Enhance Your Cannabis Business

The cannabis industry is one of the most dynamic and complex sectors in the country, with varying degrees of legalization and regulation across different states and federal levels. Keeping track of federal cannabis-related bills and their status can be a daunting and time-consuming task. CannaSweep’s Congressional Bill Tracker is an outsourcing solution that industry members can

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Hemp Now Included in Agricultural Technical Advisory Committee (ATAC)

The United States Department of Agriculture (USDA) will include ‘Hemp’ in the title of one of the six Agricultural Technical Advisory Committees (ATACs) – noting a significant evolution in both agriculture and cannabis policy. Specifically, ‘Hemp’ has now earned a place within the ATAC titled ‘Tobacco, Cotton, Peanuts, and Hemp.’ The ATACs were established under

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John Dillard of OFW Law

Dillard Receives Purdue University Apex Award

OFW Law Principal John Dillard has received the 2022 Purdue University Department of Agricultural Economics Apex Award. The Apex Award is given to individuals associated with Purdue’s Agricultural Economics Department who have made outstanding accomplishments in their fields. The Apex Award is the highest honor bestowed by Purdue’s Agricultural Economics Department. In connection with the

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OFW Law’s Ackerman Discusses AFIDA in Agri-Pulse

OFW Law’s Ken Ackerman was featured in an Agri-Pulse article discussing the Agricultural Foreign Investment Disclosure Act (AFIDA). In the article, “While Foreign Purchases of US Land Surge, USDA’s Reporting Penalties Plunge,” Mr. Ackerman discussed his experience in representing clients on AFIDA matters. AFIDA is a law administered by USDA’s Farm Service Agency (FSA). Under

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FDA’s Woodcock Holds Meeting on Regulatory Pathways for Hemp and CBD

On November 1, 2022, the Principal Deputy Commissioner of the U.S. Food and Drug Administration (FDA) Janet Woodcock had a virtual meeting on “Regulatory Pathways for Hemp Products, including Cannabidiol (CBD)” with representatives of the U.S. Health and Human Services Office of the Secretary and the Executive Office of the President. This meeting was announced

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FDA’s Nutrition Initiatives: FDA’s Proposed Rule to Update the Definition of “Healthy”

As mentioned in September’s Regulatory Recap, last week, the Food and Drug Administration (FDA) issued a proposed rule on the “Definition of the Term ‘Healthy’” nutrient content claims. FDA updated its Nutrition Initiatives, and issued the proposed rule, to more closely align with the HHS and USDA’s 2020-2025 Dietary Guidelines for Americans, nutrition facts labels,

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Summary of Senate’s Hearing “Decriminalizing Cannabis at the Federal Level: Necessary Steps to Address Past Harms”

On July 26, 2022, the Senate Judiciary Committee’s Subcommittee on Criminal Justice and Terrorism held a hearing on “Decriminalizing Cannabis at the Federal Level: Necessary Steps to Address Past Harms.” The hearing largely addressed the recently introduced S. 4591, “Cannabis Administration and Opportunity Act” (the “CAOA”). The witnesses included: Malik Burnett, Medical Director, Maryland Department

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CAOA Filed in the Senate

On Thursday, July 21, 2022, Senators Chuck Schumer (D-NY) Cory Booker (D-NJ), and more officially filed the Cannabis Administration and Opportunity Act (CAOA) (S.4591) to legalize cannabis nationwide. OFW has prepared material on this bill and will be monitoring supplementary announcements and hearings for more information. Please note that OFW has provided other posts on key areas of interest in

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USDA Announces Funding for Climate-Smart Agriculture Projects

On Monday, February 7, 2022, United States Department of Agriculture (USDA) Secretary Tom Vilsack delivered an announcement that USDA would invest“$1 billion in Climate Smart Commodities, Expanding Markets, Strengthening Rural America.” Titled “Partnerships for Climate-Smart Commodities,” USDA has committed to finance projects that expand the market for U.S. agricultural and forestry products that use “climate-smart

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Vaccine-or-Test Mandates: U.S. Supreme Court Oral Arguments on Friday

The U.S. Supreme Court convened a special session to hear oral arguments concerning the Department of Labor’s Occupational Safety and Health Administration (“OSHA”) and the Department of Health and Human Services’ Centers for Medicare & Medicaid Services (“CMS”) emergency rules mandating COVID-19 vaccination. The OSHA Emergency Temporary Standard (“ETS”) requires employers with 100 or more

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FTC Proposes Rulemaking to Limit Impersonation Scams

On December 23th, 2021, the Federal Trade Commission (FTC) issued an advance notice of proposed rulemaking (ANPR) targeting impersonation scams. Impersonation scams generally involve the scammer impersonating a trusted source to convince targets to send money or personal information. These scammers often pretend to be a part of government or well-known businesses.  To add legitimacy,

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Israeli Minister for Agriculture Forer discusses Israeli-US Partnerships in U.S. Visit

On December 2, 2021, the Israeli Minister of Agriculture and Rural Affairs Oded Forer concluded a three-day trip to Washington D.C. to strengthen Israel’s strategic partnership with the U.S. and other regional partners on agricultural issues. This trip included meetings with Senators, the USDA Deputy Secretary Dr. Jewel Bronaugh, and senior executives at the World

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Federal Vaccine Mandates – Where Things Stand

Updated on December 7, 2021 All federal vaccine mandates stayed pending Court action   On September 9, 2021, President Biden issued Executive Order 14042: Ensuring Adequate COVID Safety Protocols for Federal Contractors which mandated that employees of federal contractors be fully vaccinated for COVID-19, following recommendations of the Safer Federal Workforce Task Force. In early November 2021,

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USTR/USDA Holds Open Meeting to Discuss China Decrees 248 and 249

On Tuesday, November 16th, 2021, the United States Trade Representative (USTR) and the United States Department of Agriculture (USDA) held an informal informational meeting on the General Administration of Customs of the People’s Republic of China’s (GACC) Decrees 248 and 249 affecting U.S. agricultural exports. The Decrees, which were published in 2019, set out new

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Biden to Nominate Dr. Robert Califf as FDA Commissioner

On Friday November 12, 2021, President Biden nominated former United States Food and Drug Administration (FDA) Commissioner Dr. Robert Califf, a cardiologist by training, to again be FDA Commissioner, replacing acting Commissioner Dr. Janet Woodcock. Califf, 70, was the FDA Commissioner for a year at the end of the Obama Administration. He garnered broad support

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OFW Law to co-host the 2021 Food Labeling Summit with the Food Institute next month

Next month, The Food Institute kicks off its 3-day virtual training seminar on Food Labeling and Olsson Frank Weeda Terman Matz PC will be co-hosting the event. Each day has its own unique theme. On day one, attendees may expect to first learn the basics of the Food and Drug Administration’s (FDA) and the U.S.

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Carbon Labeling: Who is Ahead of the Game?

With climate change discussions being elevated on a local, regional, and global scale, many individuals are considering how their personal choices, including foods they consume, impact the environment. This has translated to a resurgence of interest in carbon labeling food products. Now that we understand the basics of carbon labeling and what it means for

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woman smelling fruit at a local market

Ring in the New Year with the 2020 – 2025 Dietary Guidelines

Just in time to ring in the new year, the U.S. Department of Agriculture (USDA) and U.S. Department of Health and Human Services introduced the 2020 – 2025 Dietary Guidelines for Americans. The first Dietary Guidelines for Americans were published in 1980 and have been updated every 5 years, making this the 9th edition. The

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2020 Dietary Guidelines Near the End of Stage One

On Wednesday, June 16, 2020, the Dietary Guidelines Advisory Committee (DGAC) hosted a public meeting to review their draft scientific report. A new edition of the Dietary Guidelines for Americans is published every 5-years and developed in three stages: (I) Reviewing the science; (II) developing the guidelines; (III) implementation. The most recent meeting marks the

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2020 Food Labeling Seminar Hosted by OFW and The Food Institute

OFW and The Food Institute will be holding their annual Food Labeling Seminar on October 7, 8, and 9. The virtual training course will cover everything you need to know about food labeling in today’s marketplace. This seminar will review the basics of FDA’s and USDA’s food labeling requirements, including recent updates. It will review

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Policy Solutions to Climate Change through Agriculture and Forestry

The coronavirus has dominated the news cycle over the last five months and has disrupted nearly every industry, particularly agriculture and forestry. Leaders, innovators, and policymakers in these fields are looking for solutions that will mitigate future supply chain disruptions like the ones experienced due to the coronavirus. Therefore, it is not surprising that climate

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COVID-19 and the Need for International Food Aid – A Growing Body of Evidence

“So today, with COVID-19, I want to stress that we are not only facing a global health pandemic but also a global humanitarian catastrophe. Millions of civilians living in conflict-scarred nations, including many women and children, face being pushed to the brink of starvation, with the specter of famine a very real and dangerous possibility.” David

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Fresh produce sold at a market by farmer

Food and Agriculture in the Phase 3 Coronavirus Bill

By Julia Johnson Food and agriculture continues to be a priority for Congress and the Administration as the government tackles the coronavirus pandemic in the United States. After tense negotiations, the Senate passed a third stimulus bill late last night. Here is what is in it for food and agriculture. Before the second coronavirus stimulus

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Young woman in medical mask in grocery store because of Covid 19

Food Security is National Security in a Time of Crisis – Phase One and Phase Two Coronavirus Stimulus Bills

By Julia Johnson The Coronavirus Pandemic has dramatically changed life as we know it in the United States. Government from the local to the federal level, the private sector, and non-profit organizations alike are practicing unprecedented levels of partnership and cooperation to respond to the coronavirus pandemic, or COVID-19. Recent bills passed by Congress and

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