Agriculture & Agribusiness

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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Six Months and Counting – EU’s Deforestation-Free Supply Chain Regulation

Background   On June 29, 2023, the EU’s Regulation on deforestation-free products entered into force, with an 18-month transition period until enforcement begins on December 30, 2024.  The rationale for the regulations is to limit the expansion of agricultural land that is linked to the production of specific products, currently defined as cattle, wood, cocoa, soy,

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November Food and Agriculture Regulatory Recap

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 developments from November that should be highlighted. If you have any questions or would like more information, please do

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Arkansas Becomes the First State to Enforce Foreign-Ownership Land Restrictions

On October 17, 2023, Arkansas became the first state to enforce a state law banning certain foreign entities from owning agricultural land (doing so under Act 636, which blocks “prohibited foreign-party-controlled business” from owning public or private land directly or through affiliation). Arkansas Attorney General, Tim Griffin ordered Syngenta Seeds LLC. to sell 160 acres

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NALC Announcement of John Dillard's Meat and Poultry Labeling Webinar

Dillard to Provide Webinar on USDA Meat and Poultry Labeling Requirements

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

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June Food and Agriculture Regulatory Recap

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 developments from June that should be highlighted. If you have any questions or would like more information, please do

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FDA Issues First Draft Guidance on Clinical Trials with Psychedelic Drugs

On Friday, U.S. Food and Drug Administration (FDA) released its first draft guidance on the conduct of clinical trials for psychedelic drugs. The Draft Guidance for Industry, Psychedelic Drugs: Considerations for Clinical Investigations, if finalized, will guide researchers investigating psychedelics as potential treatments for medical conditions.  There has been significant media, marketing, and legislative interest

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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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SCOTUS Upholds Prop 12 – What This Means for the Pork Industry

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

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January Food and Agriculture Regulatory Recap

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 developments from January that should be highlighted. If you have any questions or would like more information, please do

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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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Food Security a Priority at UN

Today, September 21, 2022, at the United Nations General Assembly, President Biden announced $2.9 billion in assistance to address global food insecurity and urged other countries to follow suit.  President Biden stressed: “If parents cannot feed their children, nothing else matters.”    This announcement comes as the Biden administration is taking serious steps to combat

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August Food and Agriculture Regulatory Recap

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 developments from August that we took note of. If you have any questions or would like more information, please

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June Food and Agriculture Regulatory Recap

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 developments from June that we took note of. If you have any questions or would like more information, please

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Resources for Human and Animal Food Producers Affected by Severe Weather Incidents

On June 6, 2022, the U.S. Food and Drug Administration (FDA) announced it released an online page providing both federal and state resources and contacts available for human and animal food producers who may be “harvesting, mixing, storing, or distributing grains and other foods” prior to and after experiencing a severe or inclement weather event

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May Food and Agriculture Regulatory Recap

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 developments from May that we took note of. If you have any questions or would like more information, please

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April Food and Agriculture Regulatory Recap

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 developments from April that we took note of. If you have any questions or would like more information, please

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New Emergency Livestock Relief Program (ELRP) Phase 1 To Provide $750 Million in Relief to Livestock Producers  

On April 4, 2022, the United States Department of Agriculture’s (USDA) Farm Service Agency (FSA) published a notice in the Federal Register announcing the new Emergency Livestock Relief Program (ELRP). The first phase of ELRP (i.e., Phase 1) will provide payments to producers who faced increased supplemental feed costs as a result of forage losses

New Emergency Livestock Relief Program (ELRP) Phase 1 To Provide $750 Million in Relief to Livestock Producers   Read More »

March Food and Agriculture Regulatory Recap

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 developments from March that we took note of. If you have any questions or would like more information, please

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How to Avoid Receiving Charge Letters from USDA’s Food and Nutrition Service: Do’s and Don’ts for SNAP Retailers

USDA’s Food and Nutrition Service (FNS) administers the Supplemental Nutrition Assistance Program (SNAP) pursuant to a delegation from Congress and the Secretary of the U.S. Department of Agriculture. FNS authorizes more than 250,000 retail food stores, large and small, across the country and ensures that SNAP retailers adhere to the requirements of the Food and

How to Avoid Receiving Charge Letters from USDA’s Food and Nutrition Service: Do’s and Don’ts for SNAP Retailers Read More »

February Food and Agriculture Regulatory Recap

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 developments from February that we took note of. If you have any questions or would like more information, please

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Infant Formula Recall Triggers Concerns for WIC Beneficiaries

On February 17, 2022, following consumer complaints relating to the presence of pathogens in Similac, Alimentu, and EleCare, Abbott issued a voluntary recall for certain lots of those powdered infant formula products. Abbott’s recall is broad, applies to all distribution levels (domestic and international), and includes all lots manufactured in its Sturgis, Michigan facility with

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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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Farmers and Ranchers Can Now Access Online Reporting Portal to Report Potentially Unfair and Anticompetitive Practices

Today, the U.S. Department of Agriculture (USDA) and U.S. Department of Justice (DOJ) launched an online reporting portal, located at USDA’s Farmer Fairness website, to advance the goals of the “Biden-Harris Administration’s Action Plan for a Fairer, More Competitive, and More Resilient Meat and Poultry Supply Chain” (the Action Plan).   By way of review,

Farmers and Ranchers Can Now Access Online Reporting Portal to Report Potentially Unfair and Anticompetitive Practices Read More »

January Food and Agriculture Regulatory Recap

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 developments from January that we took note of. If you have any questions or would like more information, please

January Food and Agriculture Regulatory Recap Read More »

The National Bioengineered Food Disclosure Standard Is Now in Effect

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

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December Food and Agriculture Regulatory Recap

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 developments from December that we took note of. If you have any questions or would like more information, please

December Food and Agriculture Regulatory Recap Read More »

FTC Issues Orders to Major Retailers, Wholesalers, and Product Suppliers Regarding Supply Chain Disruptions

On November 29, 2021, the Federal Trade Commission (FTC) ordered nine large retailers, wholesalers, and consumer good suppliers to provide “detailed information” to the FTC.  The FTC explains that it is seeking this information to “shed light on the causes behind ongoing supply chain disruptions and how these disruptions are causing serious and ongoing hardships

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6th Circuit Selected in Lottery to Hear Lawsuits against OSHA ETS Vaccine and Testing Mandate

On November 16, 2021, the Judicial Panel on Multidistrict Litigation, through a lottery system, drew the 6th Circuit as the U.S. Court of Appeals that will hear the consolidated lawsuits against the Occupational Health and Safety Administration (OSHA) Emergency Temporary Standard (ETS) published in the Federal Register on November 5, 2021. The OSHA ETS, which

6th Circuit Selected in Lottery to Hear Lawsuits against OSHA ETS Vaccine and Testing Mandate Read More »

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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