By former USDA Secretary John R. Block Tax reform is a hot topic here in the nation’s capital. That doesn’t mean that Congress will be able to pass the legislation. On paper, the planned tax overhaul will increase the national debt by $1.5 trillion (over the next ten years). Larry Summers, who served as economic advisor
John Block: Tax Reform Read More »
By former USDA Secretary John R. Block Today, let’s talk about trade and tax reform. President Trump wants to improve the North American Free Trade Agreement (NAFTA), and the Congress is presenting a tax reform package. NAFTA is in the spotlight right now. The whole farm and food industry is worried that President Trump could formally
In an October 2017 White Paper, Prescriptions for a Healthy America (P4HA), a broad-based group that includes representatives of the pharmaceutical and pharmacy industries, as well as consumer- and patient-based groups, called for a new anti-kickback regulatory safe harbor. The new safe harbor would reduce regulatory uncertainty and expressly permit business entities in the healthcare
FDA has released a helpful and user friendly Food Safety Modernization Act (FSMA) compliance date webpage to assist farmers, manufacturers of food and food products, and other stakeholders.[1] The webpage includes deadlines for the following rules: Produce Safety (21 C.F.R. Part 112), Preventive Controls for Human Food (21 C.F.R. Part 117), Preventive Controls for Animal
FSMA Update: FDA Releases FSMA Compliance Deadlines Guide Read More »
Virtually all grocery stores, convenience stores, and supermarkets sell hot foods. Nearly all sell cold prepared foods as well. Most of the more than 260,000 retail food stores authorized by USDA’s Food and Nutrition Service (“FNS”) to accept Supplemental Nutrition Assistance Program (“SNAP”) benefits sell some hot foods and cold prepared foods. But the SNAP
SNAP Retailers Beware: FNS Wants to Take Away Your SNAP Authorization Read More »
On October 26, 2017, OFW Law founding principal Richard L. Frank filled in for former USDA Secretary John R. Block on his weekly radio broadcast. The opioid epidemic is a national crisis. Drug overdoses are killing 64,000 Americans each year. It is the leading cause of death for individuals under 50. It requires urgent action and solutions from across our
John Block Reports: The Opioid Crisis – Stop Pointing Fingers Read More »
By former USDA Secretary John R. Block By now, I should not be surprised when the federal government uses its power and strength to hammer a defenseless individual citizen. Let me tell you about Edward Poitevent and the dusky gopher frog. In 2011, the U.S. Fish and Wildlife Service published a new habitat rule. On May
Jack Block: Dusky Gopher Frog Read More »
Kristen O’Brien serves as Counsel in OFW Law’s Health Industry Policy and Regulatory Practice, which represents clients in the health care delivery system and innovative life sciences areas. She is principally responsible for the group’s work with health care delivery system clients, including large physician groups, integrated health systems and other provider organizations. She also
By former USDA Secretary John R. Block Worries about our ag trade are escalating. Farmers are desperate. We export more than a quarter of what we produce. Farm prices are in the tank. Any wrong move that would cause us to lose markets would be a devastating blow. President Trump has threatened to withdraw from the
John Block: Trade Worries Read More »
As manufacturers of food products, it is significant to understand the food safety regulations for retailers and the food service industry, such as restaurants and grocery stores, and institutions, such as nursing homes. On October 4, 2017, FDA released its report on “Adoption of the FDA Food Code…” which, in relevant part, provides that all
FDA Report on Food Code Adoption Read More »
By former USDA Secretary John R. Block At this time when farmers are suffering with low prices for corn and soybeans, the EPA is making a move that could cut the biodiesel mandate by as much as 315 million gallons. This is not good news for the biodiesel or ethanol businesses. It’s not good news for
John Block: Renewable Fuels Read More »
Late last week, the CPSC community received one of its rarest gifts: A judicial opinion in a litigated civil penalty case. Judge William Conley of the U.S. District Court for the Western District of Wisconsin calculated the penalty Spectrum Brands owed for failing to report handles breaking off of Black & Decker SpaceMaker coffee pots
CPSC: The Price of Hubris Read More »
On September 28, 2017, the Department of Health & Human Services’ Office of Inspector General (OIG) released its internal report on the agency’s domestic food facility inspections: Challenges Remain in FDA’s Inspections of Domestic Food Facilities (the Report). The Report concluded that FDA is on track to meet the initial domestic food facility inspection timeframes
FDA Inspector General Report on Progress of FSMA Inspections Read More »
While generally expected for months (e.g., since the menu labeling compliance date extension) and recently the subject of a “tweet” from FDA Commissioner Gottlieb, the agency now officially has proposed to extend by about 1.5 years the compliance date for the final rules that will provide updated nutrition information on the labels of most conventional
Extension of Compliance Date for Revised Nutrition Labeling of Foods and Supplements Read More »
By former USDA Secretary John R. Block The TV has been dominated by hurricanes. The Texas coast was devastated and next, Hurricane Irma hit Florida. Powerful winds destroyed half of the crops. Orange juice is going to cost $2 per gallon more. We should not underestimate the destruction and cost to families, government, or the time
John Block: Priorities Read More »
Over 30 years ago, the National Conference on Weights and Measures (NCWM) collaborated with the Association of Food and Drug Officials to establish an initial open dating regulation. This regulation — now the Uniform Open Dating Regulation (UODR), published by the National Institute of Standards and Technology within the U.S. Department of Commerce — is
Open Date Labeling Revisions for Food Appear To Be on the Horizon Read More »
By former USDA Secretary John R. Block You may have heard about the John Duarte wetlands case. John Duarte, a California farmer, bought 450 acres in 2012. He plowed and planted it to wheat. The Army Corps of Engineers, the California Water Quality Control Board, and the EPA came after him. He was looking at a
John Block: Duarte vs. Big Government Read More »
Last Thursday, at the Politico Policy Summit, Commissioner Scott Gottlieb announced that the new Nutrition Facts requirements compliance date will be pushed back one-year and, subsequently, announced via Twitter that the compliance date extension will be “closer to 18 months.” As described in our last blog on this topic, industry groups met with the Trump
Nutrition Facts Update: Compliance Date Expected to be Delayed 18 Months Read More »
It will take months to calculate the damage Hurricanes Harvey and Irma unleashed on Texas, Louisiana, Florida, and other states this summer: lives lost, homes destroyed, businesses wrecked, property damage in the tens of billions of dollars. But beyond everything else, these storms and their massive devastation have exposed deep problems in the Federal government’s
It will take months to calculate the damage Hurricanes Harvey and Irma unleashed this summer on the states of Texas, Louisiana, and Florida: dozens of lost lives, hundreds of thousands of destroyed homes, tens of billions in property damage and untold suffering and disruption. Some losses will take years to mend, some can never be
Texas and Florida Farmers: Time to Face Crop Loss Read More »
By former USDA Secretary John R. Block September is here. Labor Day is behind us. The To Do list in this town by the end of the month is a heavy lift. First, we have disaster relief for those devastated by Hurricane Harvey. But we have to raise the debt ceiling to have the money to
John Block: The To Do List Read More »
Several food industry groups hope so. The responsibility for implementing two major changes to food labeling requirements has fallen on the Trump Administration: Nutrition Facts Panel – On May 27, 2016, FDA published a final rule that will overhaul the Nutrition Facts panel that we have become accustomed to on foods. In addition to some
In response to the tragic fallout from Hurricane Harvey, an unprecedented storm that decimated the city of Houston and a large swath of the Gulf Coast of Texas and Louisiana, the U.S. Department of Health and Human Services (HHS) declared a public health emergency in both states and will waive certain sanctions and penalties under
Today, the Food and Drug Administration (FDA) announced the installment of Chapter Six to its “Draft Guidance for Industry: Hazard Analysis and Risk-Based Preventive Controls for Human Food” (Draft Guidance). The Draft Guidance explains FDA’s current thinking on how food facilities may comply with the FDA’s final rule on Hazard Analysis and Risk Based Preventive
FDA Adds New Chapter on Heat Treatment to its Preventive Controls Guidance under FSMA Read More »
Last week the CPSC held a hearing to address its pending proposed rule to require active injury mitigation (“AIM”) technology on table saws. In recent years, too often CPSC hearings have devolved into little more than theater, obviously intended to generate press but little understanding of the complex issues the agency is so often called
Saw Hearing Shows Need to Sharpen CPSC Regulatory Tools Read More »
By former USDA Secretary John R. Block Today, I have a fishy story to talk about, but before I get started on that, what do you think of the nation’s economy? I know the farm economy is not booming, but consumer confidence is off the charts – a 20% jump from last year. Unemployment is down
John Block: GE Salmon Read More »
By former USDA Secretary John R. Block The U.S. Congress can’t agree on anything. However, they did agree to impose new sanctions on Russia. The vote was almost unanimous. The action is punishment for the Russian cyber intrusions into last year’s election. In addition to the sanctions, the bill restricts President Trump’s flexibility in dealing with
John Block: Sanctions on Russia Read More »
By former USDA Secretary John R. Block To kick this off with some serious facts, let me ask – did you know that 7% of all American adults believe that chocolate milk comes from brown cows? One in five adults doesn’t know that hamburgers are made from beef. Three in ten don’t know that cheese is
John Block: Gene Editing Read More »
By former USDA Secretary John R. Block There aren’t any forest fires here in the east near Washington, D.C. No raging fires near our farm in Illinois. But the front pages of the Washington Post and the Washington Times both tell us the west is burning. Thousands are fleeing wild fires – forests and range land
John Block: Forest Fires Read More »
By former USDA Secretary John R. Block Today, I’m going to talk about President Donald Trump – policies, issues, tweets and all. Yes, I think he tweets too much or, at least, he should limit his tweets to policies and avoid personal attacks. I understand why he would want to get even. The mainstream media has
John Block: Donald Trump Read More »
By former USDA Secretary John R. Block This week, the U.S. Department of Agriculture posted the announcement of this year’s World Food Prize Foundation laureate. At one time, he was the Nigerian Minister of Agriculture, and he now runs the African Development Bank – Dr. Akinwumi Adesina. He has been a leader in transforming African agriculture.
John Block: Ag Issues 2017 Read More »
One of the very positive hallmarks of the new leadership at the CPSC is a desire to hear from all interested stakeholders on how to more effectively push forward the agency’s safety mission. The agency has offered several opportunities for input, and for those of us who share that goal, these opportunities should not be
Tell CPSC What You Think Read More »
By former USDA Secretary John R. Block Tip of the day— “Seven percent of all American adults believe that chocolate milk comes from brown cows.” “One in five adults don’t know that hamburgers are beef.” We have a major education challenge. Now to look at some priority issues of the day. Trade has to be near
John Block: This and That 2017 Read More »
By former USDA Secretary John R. Block I talked this week with John Duarte, a California farmer. He is in trouble. He bought 450 acres in 2012. He plowed it and planted it for wheat. He now faces $2.8 million in civil penalties because he did not get a permit to plow and plant. He wasn’t
John Block: Government Overreach Read More »
By Dr. Nina Fedoroff, as published in Agri-Pulse USDA and FDA proposals to regulate genetically engineered (GE) plants and animals following the recent update of the regulatory framework are on their websites awaiting public comment by June 19, 2017. The documents on which comments are requested are long, dense and, at times, internally inconsistent. Here’s a detailed
Think This is Biotech Regulatory Relief? Not Yet. Read More »
