June Food and Agriculture Regulatory Recap

On June 25, 2024, USDA’s Food Safety and Inspection Service (FSIS) announced the availability of its updated “FSIS Guideline for Residue Prevention” to prevent violative residues in meat and poultry slaughter establishments. Simultaneously, FSIS also released FSIS Notice 21-24, “Availability of Updated Guideline for Residue Prevention” to provide instructions to inspection program personnel. Other On

June Food and Agriculture Regulatory Recap Read More »

April Food and Agriculture Regulatory Recap

Agriculture & Agribusiness, EPA, FDA, Food Distribution & International Trade, Food Manufacturing, Processing, and Marketing, USDA, USDA FSIS / Kyla S. Kaplan

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

April Food and Agriculture Regulatory Recap Read More »

Will the Supreme Court Finally Clarify the Jurisdictional Extent of “Waters of the United States” and End the Sacketts’ Own Private Idaho?

EPA / Stewart D. Fried

On January 24, 2022, the United States Supreme Court granted a petition for writ of certiorari seeking review of the Ninth Circuit’s decision affirming an Idaho Federal District Court decision that the U.S. Environmental Protection Agency (“EPA”) “reasonably determined” that a landowner’s property contained wetlands that shared a “significant nexus” with “waters of the United

Will the Supreme Court Finally Clarify the Jurisdictional Extent of “Waters of the United States” and End the Sacketts’ Own Private Idaho? Read More »

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

Agriculture & Agribusiness, CPSC, EPA, FDA, Government Relations, Health Care, Healthcare, Life Sciences, Public Policy, USDA, USDA FSIS / Kyla S. Kaplan

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 »

October Food and Agriculture Regulatory Recap

Agriculture & Agribusiness, EPA, FDA, Food Distribution & International Trade, Food Manufacturing, Processing, and Marketing, Uncategorized, USDA, USDA FSIS / Kyla S. Kaplan

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

October Food and Agriculture Regulatory Recap Read More »

New Policies Released by the EPA Today in Response to the COVID-19 Health Crisis

EPA, For Export / Kyla S. Kaplan

Yesterday, the Environmental Protection Agency (EPA) issued two policy statements as a part of the Administration’s COVID-19 response. First, the EPA furthered its commitment to expediting the registration process for new surface disinfectant products. The EPA also announced an enforcement discretion policy under which the Agency will not seek penalties for certain civil violations related

New Policies Released by the EPA Today in Response to the COVID-19 Health Crisis Read More »

John R. Block: Reports from Washington – August 23, 2018 “Wild Fires”

EPA / Joi Jackson

By former USDA Secretary John R. Block Hello everybody out there in farm country. This radio commentary is brought to you by the National Corn Growers Association, CropLife America, and Renewable Fuels Association. They are all friends, supporters, and allies of healthy farm economy and prosperous rural America. Thank you. And now for today’s commentary –

John R. Block: Reports from Washington – August 23, 2018 “Wild Fires” Read More »

John Block: Uncertain Times

EPA, Public Policy, USDA / Joi Jackson

By former USDA Secretary John R. Block Farmers and ranchers across the U.S. are under a lot of stress as we enter planting season. Farm income has been cut in half and uncertainty fills the air as we move into the 2018 year. Trade war – we are already being hurt, but there are some encouraging

John Block: Uncertain Times Read More »

How the Federal Government Can Get Biotech Regulation Right

EPA, FDA, For Export, Public Policy, USDA / Nina V. Federoff

By Nina Fedoroff and Alison Van Eenennaam, as published in the Des Moines Register In his speech at the recent American Farm Bureau convention, President Trump said his administration was “streamlining regulations that have blocked cutting-edge biotechnology.” Why is this necessary? Paraphrasing New York Times columnist Paul Krugman’s words on economic policy, it’s because we’re still living with “zombie” biotech

How the Federal Government Can Get Biotech Regulation Right Read More »

John Block: Renewable Fuels

EPA / Joi Jackson

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 »

John Block: Duarte vs. Big Government

EPA, Public Policy, Uncategorized, USDA / Joi Jackson

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 »

John Block: Government Overreach

EPA, USDA / Joi Jackson

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 »

Biotech Regulations Must be Based on Facts, Not Fears

EPA, FDA, For Export, Public Policy, USDA / Nina V. Federoff

By Dr. Nina Fedoroff, as published in Agri-Pulse The Coordinated Framework (CF) for the Regulation of Biotechnology was first implemented 30 years ago. The CF was developed by the White House Office of Science and Technology Policy (OSTP). OSTP brought together representatives of the three federal agencies seeking to regulate commercial applications of biotechnology to

Biotech Regulations Must be Based on Facts, Not Fears Read More »

Food Rules Potential Targets for Elimination or Revision

EPA, FDA, Health Care, Public Policy, USDA / Joi Jackson

Ever since the election we have been asked which Obama Administration regulations and executive actions are likely to be stricken by the new Trump Administration or the 115th Congress. Will the focus be on the rules issued since mid May of this year, as provided for by the Congressional Review Act of 1996, or is

Food Rules Potential Targets for Elimination or Revision Read More »

The Peat Goes On: Supreme Court Holds Wetlands Jurisdictional Determinations Are Appealable

EPA / Joi Jackson

Peat miners, golfers, and landowners with real property containing or adjacent to Waters of the United States will benefit greatly from the Supreme Court’s May 31st decision in U.S. Army Corps of Engineers v. Hawkes Co., Inc. Hawkes resolved whether an approved jurisdictional determination by the Army Corps of Engineers (“Approved JD”) involving wetlands owned

The Peat Goes On: Supreme Court Holds Wetlands Jurisdictional Determinations Are Appealable Read More »

Interstate Structure to Oversee and Regulate Medical Marijuana

EPA, FDA, Public Policy / Joi Jackson

There is a need for an interstate structure to provide coordination and regulatory oversight of medical marijuana (cannabis) use in the 23 states that have approved its use by either referendum or legislation. Five jurisdictions — Colorado, Washington, Oregon, Alaska and the District of Columbia — have now also authorized the recreational use of cannabis.

Interstate Structure to Oversee and Regulate Medical Marijuana Read More »

GMO Regulatory Reform: The Way Forward

EPA, FDA, Public Policy, USDA / Joi Jackson

As we detailed in an earlier blog post, the White House issued a July 2nd executive memorandum on “Modernizing the Regulatory System for Biotechnology Products.” The memo directs the relevant federal agencies – FDA, USDA, and EPA – to update the federal government’s Coordinated Framework for the Regulation of Biotechnology, which was created in 1986 and last

GMO Regulatory Reform: The Way Forward Read More »

New EPA Worker Protection Standard for Farmworkers

EPA / Joi Jackson

On September 28, the Environmental Protection Agency (EPA) issued an advance publication of its revisions to the Worker Protection Standard (WPS) for farmworkers. The revised WPS imposes new requirements for farm owners to protect workers against the risks of exposure to pesticides. The Final Rule becomes effective 60 days after publication in the Federal Register,

New EPA Worker Protection Standard for Farmworkers Read More »

EPA Hazardous Waste Pharmaceuticals Rule Begins Circulating: Proposal Applies To Dietary Supplements, 503B Outsourcing Facilities, And Any OTC Retailers

EPA, FDA, Health Care / Joi Jackson

On Tuesday, the Environmental Protection Agency (EPA) announced that its Administrator signed the proposed rule: Management Standards for Hazardous Waste Pharmaceuticals Rule. The announcement and EPA blog post are here. The summary of the pre-publication proposed rule is available here and the 267-page proposal is available for download here. EPA is expected to publish the

EPA Hazardous Waste Pharmaceuticals Rule Begins Circulating: Proposal Applies To Dietary Supplements, 503B Outsourcing Facilities, And Any OTC Retailers Read More »

John Block: EPA Overreach

EPA, USDA / Joi Jackson

By former USDA Secretary John R. Block There they go again. The EPA has threatened to impose a fine of $37,500 per day on farmer Andy Johnson of Fort Bridger, Wyoming. Mr. Johnson’s offense is that he built a pond for his horses and cattle on his eight-acre property. Before building it, he obtained a permit from

John Block: EPA Overreach Read More »

The White House Announces Plans to Update the U.S. Regulatory Framework for Biotechnology

EPA, FDA, Public Policy, USDA / Joi Jackson

On July 2nd, the White House issued an executive memorandum on “Modernizing the Regulatory System for Biotechnology Products.” The modernization effort will apply to “biotechnology products” defined as “products developed through genetic engineering or the targeted or in vitro manipulation of genetic information of organisms, including plants, animals, and microbes.” It will not affect regulation

The White House Announces Plans to Update the U.S. Regulatory Framework for Biotechnology Read More »

Spotlight on Compliance of Wood Products

EPA / Joi Jackson

By Elliot Belilos In the wake of the recent 60 Minutes piece that highlighted alleged elevated formaldehyde in the Chinese-made wood flooring imported by Lumber Liquidators, all manufacturers and importers of consumer products containing compressed wood need to ensure that their products comply with the California Air Resources Board (CARB) limits regarding formaldehyde emissions. And while

Spotlight on Compliance of Wood Products Read More »

No Horsing Around – Nevada Federal Judge Dismisses Burro Suit Against Interior Dept.

EPA, Public Policy, USDA / Stewart D. Fried

The serious environmental problems caused by unchecked wild horse populations on western rangelands are well known to state and local governments, Native American tribes, ranchers and farmers. Efforts, however, to prompt the U.S. Department of Interior (“Interior Dept.”) and its Bureau of Land Management (“BLM”) to address widespread environmental damage and other impacts caused by

No Horsing Around – Nevada Federal Judge Dismisses Burro Suit Against Interior Dept. Read More »

114th Congress – What to Expect in Ag and Food

EPA, FDA, Public Policy, USDA / OFW Law

As the 114th Congress begins in earnest, there is rough sledding ahead this winter over the gulf between the governing philosophies of the President and the new Congress. Not to belabor the obvious, but early indications are that Republican victories have altered the President’s willingness to deal only very modestly, if at all. With just

114th Congress – What to Expect in Ag and Food Read More »

10 Things to Watch in 2015

EPA, FDA, Public Policy, USDA / John G. Dillard

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 »

Free Webinar on Big Data and Unmanned Aerial Vehicles

EPA, Public Policy, USDA / John G. Dillard

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 »

Risk Communication about Methylmercury in Seafood

EPA, FDA / Michael J. O'Flaherty

FDA has announced that its Risk Communication Advisory Committee (RCAC) will be holding a public meeting on November 3-4, 2014, at its White Oak Campus in Silver Spring, MD. The RCAC meeting will focus on messages about the importance of eating adequate amounts of fish and shellfish, while avoiding certain varieties with higher amounts of

Risk Communication about Methylmercury in Seafood Read More »

“Eat Your Fish,” Say FDA and EPA

EPA, FDA / OFW Law

The Food and Drug Administration (FDA) and the Environmental Protection Agency (EPA) have released draft updated advice on seafood consumption, Fish: What Pregnant Women and Parents Should Know. The two agencies also published a Federal Register notice creating a docket and requesting public comments on their new fish consumption advice. The draft updated advice is

“Eat Your Fish,” Say FDA and EPA Read More »

FDA Restricts Nutrient Content Claims for Omega-3s

EPA, FDA / OFW Law

The Food and Drug Administration (FDA) has issued a final rule restricting the nutrient content claims that may be made for omega-3 fatty acids. Specifically, FDA is prohibiting existing nutrient content claims for the two omega-3s found in fish oil, eicosapentaenoic acid (EPA) and docosahexaenoic acid (DHA), and is restricting nutrient content claims for alpha-linolenic

FDA Restricts Nutrient Content Claims for Omega-3s Read More »

Can EPA Regulate Animal Operations as Landfills?

1 Comment / EPA / John G. Dillard

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 »

Environmentalists, Glyphosate and Butterflies

EPA / John G. Dillard

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 »

Hidden Gems in the Farm Bill

EPA, FDA, Public Policy, USDA / OFW Law

By Nathan Fretz After three years of work, Congress passed the Agricultural Act of 2014 (the “farm bill”), which the President signed into law on Friday, February 7. Despite a tumultuous and partisan 2012 and summer of 2013, the farm bill conference report was approved by conferees and sailed through the House and Senate with

Hidden Gems in the Farm Bill Read More »

10 Ag-Related Items to Watch in 2014

EPA, Public Policy, USDA / John G. Dillard

By John G. Dillard, as published on his AgWeb.com Blog – Ag in the Courtroom With 2013 nearly in the books and the holiday season nearly behind us, its time to prepare for the challenges that face us in the coming year. While I am no expert on forecasting long-range weather patterns, commodity market fluctuations, or predicting the

Eight Is Enough: EPA’s Dust and Feathers Discharge Argument Goes Down the Drain

EPA / Stewart D. Fried

In a decision with broad implications for production agriculture, a West Virginia federal judge concluded that Clean Water Act (CWA) permits are not required solely on the basis of dust, feathers and chicken litter from poultry barns that are washed from a farmyard to river and streams by rainfall. In Lois Alt, d/b/a Eight Is

Eight Is Enough: EPA’s Dust and Feathers Discharge Argument Goes Down the Drain Read More »

Rambo Takes on American Agriculture

EPA / OFW Law

“The ecological and economic importance of the Chesapeake Bay is well documented….And yet, nutrient pollution and sedimentation remain a critical concern.” So says Judge Sylvia H. Rambo, U.S. District Court judge in Pennsylvania. Judge Rambo, in a 99-page opinion filed on September 13, 2013, challenged and dismissed the arguments of the American Farm Bureau on

Rambo Takes on American Agriculture Read More »

EPA

June Food and Agriculture Regulatory Recap

April Food and Agriculture Regulatory Recap

Will the Supreme Court Finally Clarify the Jurisdictional Extent of “Waters of the United States” and End the Sacketts’ Own Private Idaho?

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

October Food and Agriculture Regulatory Recap

New Policies Released by the EPA Today in Response to the COVID-19 Health Crisis

John R. Block: Reports from Washington – August 23, 2018 “Wild Fires”

John Block: Uncertain Times

How the Federal Government Can Get Biotech Regulation Right

John Block: Renewable Fuels

John Block: Duarte vs. Big Government

John Block: Government Overreach

Biotech Regulations Must be Based on Facts, Not Fears

Food Rules Potential Targets for Elimination or Revision

The Peat Goes On: Supreme Court Holds Wetlands Jurisdictional Determinations Are Appealable

Interstate Structure to Oversee and Regulate Medical Marijuana

GMO Regulatory Reform: The Way Forward

New EPA Worker Protection Standard for Farmworkers

EPA Hazardous Waste Pharmaceuticals Rule Begins Circulating: Proposal Applies To Dietary Supplements, 503B Outsourcing Facilities, And Any OTC Retailers

John Block: EPA Overreach

The White House Announces Plans to Update the U.S. Regulatory Framework for Biotechnology

Spotlight on Compliance of Wood Products

No Horsing Around – Nevada Federal Judge Dismisses Burro Suit Against Interior Dept.

114th Congress – What to Expect in Ag and Food

10 Things to Watch in 2015

Free Webinar on Big Data and Unmanned Aerial Vehicles

Risk Communication about Methylmercury in Seafood

“Eat Your Fish,” Say FDA and EPA

FDA Restricts Nutrient Content Claims for Omega-3s

Can EPA Regulate Animal Operations as Landfills?

Environmentalists, Glyphosate and Butterflies

Hidden Gems in the Farm Bill

10 Ag-Related Items to Watch in 2014

Eight Is Enough: EPA’s Dust and Feathers Discharge Argument Goes Down the Drain

Rambo Takes on American Agriculture

Industries

Our Firm

Insights