Your quality manager just called. FSIS found Listeria monocytogenes in environmental samples from your ready-to-eat production area. The inspector is asking about your production records for the past 90 days. And now you’re facing the possibility that FSIS will request a voluntary recall – which isn’t actually voluntary at all. I’ve guided meat and poultry […]
Your FSIS inspector just documented another noncompliance record. Your corrective actions keep getting rejected. And now you’re trying to explain to your operations team why production is on hold – again – because of compliance issues you thought were already resolved. I’ve watched meat and poultry establishments struggle with this exact pattern. They understand food
Food manufacturers launching products with meat, poultry, or egg ingredients face a critical regulatory question – does FDA or USDA have jurisdiction over your product? Getting this determination wrong costs companies months of production delays, facility redesigns, and sometimes forces complete product reformulation. I know this because understanding FDA vs USDA jurisdiction requires analyzing ingredient
FDA vs USDA Jurisdiction: Who Regulates What Read More »
Food manufacturers facing USDA enforcement actions often discover their compliance programs failed when it matters most. Notice of Intended Enforcement letters typically arrive with 3 day response windows – barely enough time to understand allegations, much less mount an effective defense. I know this because defending against USDA enforcement actions requires understanding both agency procedures
Defending Against USDA Enforcement Actions: A Legal Strategy Guide Read More »
Agricultural businesses operating under USDA regulations face policy shifts every five years when Congress passes the Farm Bill. These massive legislative packages – sometimes exceeding 1,000 pages – reshape USDA programs, enforcement priorities, and compliance requirements across every regulated sector. I know this because the Farm Bill determines which USDA programs receive funding and enforcement
The Farm Bill and What It Means for USDA-Regulated Industries Read More »
USDA is currently open and fully operational. If you are searching whether the USDA is shut down right now, the short answer is no. The FY2026 government shutdown ended on November 12, 2025 — 43 days after it began on October 1, 2025 — when Congress passed and President Trump signed appropriations legislation providing full
USDA Government Shutdown: Agency Operations Guide [Updated March 2026] Read More »
Beginning January 1, 2024, the U.S. Corporate Transparency Act (CTA) will expect a wide range of small companies to begin filing reports identifying “beneficial owners.” These “Beneficial Ownership Information” reports (BOI Reports) include name, birthday, address, and a unique identifying number and issuing jurisdiction from an acceptable identification document. All companies with fewer than 20
Small Businesses Face Reporting Obligations Under The U.S. Corporate Transparency Act Read More »
OFW Law’s USDA Practice Head, John Dillard, will be providing a free webinar on USDA Food Safety Inspection Service (FSIS) regulatory requirements for labeling meat and poultry products on July 12th (Wednesday) at Noon Eastern. The webinar is hosted by the National Agricultural Law Center and is open to the public — CLICK HERE TO REGISTER. John’s
Dillard to Provide Webinar on USDA Meat and Poultry Labeling Requirements Read More »
On May 11, 2023, the Supreme Court of the United States (SCOTUS) upheld, in a 5-4 decision, a California law restricting the sale of pork in California. In National Pork Producers Council v. Ross, SCOTUS was tasked with answering the question: “Does a California law that prohibits the sale of pork from animals confined in
SCOTUS Upholds Prop 12 – What This Means for the Pork Industry Read More »
OFW Law’s senior counsel and former chairman Marshall Matz is featured in the University of Louisville, Louis D. Brandeis School of Law’s News honoring his remarkable career following his graduation from law school. OFW Law celebrates Marshall’s devotion to his clients and practices. We applaud Marshall’s service to the industry, and we are grateful for
OFW’s Marshall Matz Featured in Alumnus Spotlight Read More »
The State of Massachusetts will delay enforcement of its Question 3 regulations that would restrict pork sales in the state
Massachusetts Delays Enforcement of Question 3 Pork Restrictions Read More »
As of January 1, 2022, foods that are deemed “bioengineered” must be accompanied by labels disclosing that the food is bioengineered or contains a bioengineered ingredient. This disclosure requirement is the culmination of a decades-long battle and a legislative compromise over what has been commonly known as “GMO labeling.” After multiple unsuccessful West Coast ballot
The National Bioengineered Food Disclosure Standard Is Now in Effect Read More »
On December 3, 2021, the Office of Management and Budget’s (OMB) Office of Information and Regulatory Affairs (OIRA) indicated the USDA’s Agricultural Marketing Services’ Proposed Rule, “Organic Livestock and Poultry Standards” is undergoing EO 12866 Regulatory Review. This is one of the final hurdles an agency’s proposed rule must clear before it is published in
USDA Close to Releasing Proposed Rule for Organic Livestock & Poultry Standards Read More »
OFW Law’s John Dillard is a frequent contributor to Farm Journal, the premiere U.S. farm magazine. His latest contribution covers African Swine Fever. African swine fever (ASF) is a nasty bug and it’s getting closer to the U.S. The highly contagious viral infection doesn’t infect humans, but it is 100% fatal to hogs. Countries where
The Potential Time Bomb of African Swine Fever Read More »
On October 19, 2021, the U.S. Department of Agriculture’s (USDA) Food Safety and Inspection Service (FSIS) announced that it will be undertaking a new approach to regulating Salmonella in poultry (i.e., turkey and chicken). In the coming months, FSIS will begin a series of roundtables to gather information and recommendations on how to meet the
USDA FSIS to Chart New Path on Salmonella Control in Poultry Read More »
Harrison Pittman of the National Agricultural Law Center (NALC) will be hosting a webinar discussing laws pertaining to the foreign ownership of agricultural land tomorrow (Oct. 20) at Noon (Eastern). The webinar will discuss federal and state laws pertaining to foreign ownership of agricultural land, such as the Agricultural Foreign Investment Disclosure Act (AFIDA), as
The United States is home to 21,000 large-scale livestock farms or Concentrated Animal Feeding Operations. According to an appeals court opinion handed down Thursday, Sept. 16, 2021, the U.S. Ninth Circuit Court of Appeals in San Francisco once again ruled for the environmentalists against these farms. The case is no. 20-71554 and was brought by Food
Commentary: Another court rules against large-scale livestock farms Read More »
The U.S. Department of Agriculture’s Food Safety and Inspection Service (FSIS) has recently updated several of its guidance documents addressing the control of pathogens in beef and poultry operations. These guidelines provide best practices for establishments on managing pathogens during pre-harvest, slaughter, chilling, storage, and processing. FSIS’ guidance is focused on assisting small and very
One of the major complaints of smaller meat and poultry establishments is the cost of USDA Food Safety and Inspection Service (FSIS) overtime and holiday inspection services. Meat and poultry establishments that are subject to mandatory inspection receive FSIS inspection services free of charge for each 8-hour shift the plant normally operates. Many plants only
USDA to Provide Overtime Fee Relief to Small and Very-Small Establishments Read More »
John Dillard, a principal attorney in the USDA – FSIS Practice Group, authored the following article on a recent citizen’s petition to the USDA Food Safety and Inspection Service (FSIS). The article appears in The National Provisioner’s March issue. On Jan. 25, 2021, a coalition of food safety activist groups and individuals led by Center
John Dillard, a principal attorney in the USDA – Packers and Stockyards group, authored the following article on recent amendments to the Packers and Stockyards Act establishing a Statutory Dealer Trust. The article appears in Farm Journal’s mid-February issue. Cattle dealers play an integral role of the movement of livestock by buying cattle, creating
The U.S. Centers for Disease Control and Prevention (CDC) will host a webinar to provide updates on COVID-19 vaccine implementation for food and agriculture workers on Thursday, January 21, 2021 at 3:00 PM Eastern. The webinar will also discuss vaccine safety and confidence as well as recommendations for vaccine prioritization. The panelists for the webinar
The National Institute of Animal Agriculture invited Chelsea Good, Vice President of Government & Industry Affairs at Livestock Marketing Association and John Dillard, Principal Attorney in the USDA Practice Group at OFW Law to provide insight on the incoming Biden Administration and what it will mean for the animal agriculture industry. From the Barn to
NIAA: What to Expect for Animal Agriculture in a Biden Administration Read More »
There have been several recent events of note that will impact meat and poultry producers and processors. The recent election of President-elect Biden means there will be new leadership at the U.S. Department of Agriculture (USDA). President-elect Biden will also have the opportunity to appoint new leadership for the USDA Office of Food Safety. In
On April 22, OFW Principal John Dillard presented a webinar addressing the federal regulatory changes that have been implemented to respond to the COVID-19 pandemic. The webinar also discussed guidance from USDA, FDA, the Department of Homeland Security, and the Center for Disease Control as well as some of the best practices that have been
On October 19, 2017, FDA announced the publication of two guidance documents to assist industry stakeholders in compliance with regulations promulgated pursuant to the Food Safety Modernization Act (FSMA): #235 – Current Good Manufacturing Practice Requirements for Food for Animals; Final Guidance for Industry; Application of the “Solely Engaged” Exemptions in Parts 117 and 507:
Mention the word “drone” and most people think of our nation’s military activities in the Middle East. However, over the last few years, unmanned aircraft is finding its way into new civilian applications. Small drones, which are also known as unmanned aerial vehicles (UAVs) or small Unmanned Aircraft Systems (sUAS), when equipped with sophisticated cameras, can
The Drones are Coming! FAA Releases Proposed Rule on Small Unmanned Aircraft Systems Read More »
2014 was certainly an interesting year to be involved in agriculture. We got to see supply and demand in full effect. Good weather sent grain prices tumbling while continuing tight supplies have kept cattle prices soaring. The Republicans made strong gains and will enter 2015 with control of both the House and Senate. While I
10 Things to Watch in 2015 Read More »
OFW Law’s John Dillard will be kicking off this year’s Ohio Food, Agriculture and Environmental Law Webinar Series with a discussion on two cutting-edge topics affecting agriculture: agricultural drones and “big data.” Mr. Dillard’s webinar will provide a brief primer on the current and potential applications for drone technology in agriculture. He will also discuss
Free Webinar on Big Data and Unmanned Aerial Vehicles Read More »
Note: John authors a regular column in Farm Journal magazine, the most widely-circulated farm publication in the United States. Agriculture is officially entering the era of big data. Prescriptive planting relies on historical weather trends and satellite mapping coupled with soil sampling, yield monitoring and soon whatever a drone can glean from flying over a
Big Data and Your Privacy Read More »
By Robert A. Hahn and John G. Dillard Note: OFW Law’s Bob Hahn and John Dillard recently authored a legal backgrounder on the First Amendment implications of Vermont’s new genetically engineered food labeling law for the Washington Legal Foundation, a widely respected non-profit legal organization. Vermont has become the first state to require labeling of genetically engineered foods. On
Four Washington State dairies are the targets of environmental activists in lawsuits that could have far-reaching consequences for animal agriculture in the United States. In these cases, the environmentalists assert that the dairies’ manure storage and application practices violate the Resource Conservation and Recovery Act (RCRA), the federal statute that regulates the disposal of solid
Can EPA Regulate Animal Operations as Landfills? Read More »
The Natural Resource Defense Council (NRDC) has petitioned EPA to restrict the use of glyphosate herbicide to protect the dwindling population of the monarch butterfly. The petition states that the rapid adoption of glyphosate-resistant (Roundup Ready®) corn and soybeans in the Midwest has depleted the milkweed “community,” which serves as the exclusive food source for
Environmentalists, Glyphosate and Butterflies Read More »
OFW Law is proud to represent and advise clients that are on the cutting edge of the food and agricultural industry. Our clients include the input suppliers, farmers and ranchers, food and meat processors, support services, and trade associations that strive to meet our world’s growing nutritional demands. We recognize that agricultural education and participation
OFW Law Celebrates National FFA Week Read More »
There is frequent tension between the spirit of the law versus the letter of the law. Obeying the “spirit of the law” means following the intent of those who drafted it. Following the “letter of the law” means following the law as written – verbatim. Oftentimes, there is daylight between the two. Using vagaries to beat the system is one
OSHA Games the System to Target Small Farmers Read More »
