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 …
Facility managers – not just food facility managers – are being “encouraged” to take strong preventative measures to help mitigate the risks of COVID-19 for individuals within their premises. Managers are also reminded that the actions taken need to be documented. It is recognized that certain of the recommended measures made by the Center for …
Sanitation Measures to Control COVID-19 in Manufacturing Facilities Read More »
The FDA is currently posting updates in a Q&A format on its Food Safety and the Coronavirus Disease 2019 (COVID-19) webpage. The Q&A provides information to food production/processing facilities and retail food establishments regarding best practices during the ongoing public health emergency. For example, the website provides some salient advice on social distancing in food …
Today the FDA issued a guidance to provide temporary flexibility regarding the packaging and labeling of shell eggs sold to consumers in retail food establishments. Temporary Policy Regarding Packaging and Labeling of Shell Eggs Sold by Retail Food Establishments During the COVID-19 Public Health Emergency: Guidance for Industry (Apr. 2020) The guidance essentially permits retailers …
Complete Label Exemption for Shell Eggs During Pandemic Read More »
The Food and Drug Administration (FDA) has issued a guidance to chain restaurants and similar retail food establishments (“covered establishments”) that sell standard menu items covered under the menu labeling provisions of section 403(q)(5)(H) of the Federal Food, Drug, and Cosmetic Act (FD&C Act) to provide flexibility regarding these menu labeling requirements during the COVID-19 …
Menu Labeling Flexibility for Covered Establishments During Pandemic Read More »
On Friday, the Food and Drug Administration (FDA) announced the issuance of a new Guidance document pertaining to nutrition labeling during the COVID-19 health crisis. It is intended to provide restaurants and food manufacturers with flexibility regarding nutrition labeling so that they can sell certain packaged foods during the current pandemic. This guidance does not …
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 »
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 …
Food and Agriculture in the Phase 3 Coronavirus Bill Read More »
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 …
The Food and Drug Administration (FDA) published a Notice that set forth the process that it and the Center for Food Safety and Applied Nutrition (CFSAN) will use in expediting the availability of guidance documents concerning the ongoing COVID-19 public health emergency. It will include essential recommendations and policies and will eliminate requisite notice and …
FDA and CFSAN on Issuing Guidance Documents Concerning COVID-19 Read More »
We at OFW Law want to say thank you to the entire agriculture supply chain on National Agriculture Day. As we face the Coronavirus pandemic that is changing the dynamic of how Americans procure and interact with their food, we know that individuals are working tirelessly across the supply chain to ensure a safe and …
Today, the President signed an Executive Order to authorize the Sec. of HHS to designate medical equipment as “critical” or “essential” to the national response to the crisis. Under DPA § 102, the President can take action to prohibit the hording of materials designated as “scarce” or “essential.” Sec. 102 prohibits the accumulation of such …
The availability of Coronavirus Disease-2019 (COVID-19) diagnostic tests is critical to an effective response to the current pandemic. FDA has taken measures to permit the distribution of such tests in advance of receiving authorization to do so from the agency in an attempt to remove bureaucratic barriers that could affect the nation’s ability to mount …
COVID-19 Update for Diagnostic Device Manufacturers Read More »
USDA’s Food and Nutrition Service (FNS) has oversight over the Supplemental Nutrition Assistance Program (SNAP). The agency’s responsibilities include the licensing of more than 250,000 SNAP-authorized retail food stores. FNS also is authorized to bring administrative enforcement proceedings, including trafficking charges, against SNAP retailers to prevent fraud and other problem violations. FNS publishes annual data …
Oh, SNAP! FNS Still Hasn’t Released Its FY 2019 SNAP Retailer Management Summary Read More »
Big Sky Scientific is a Montana-based manufacturer of hemp-derived cannabidiol (CBD) products, including isolate powders, oils, and distillates. Big Sky sources its products from hemp producers, including in Oregon. During late 2018, it purchased more than two tons of hemp plant material containing less than 0.3% THC from an Oregon producer and arranged for its …
GSA’s System for Award Management is a comprehensive database of persons excluded from doing business with the federal government. Widely known as the SAM List, most of the people whose names can be found there were debarred or suspended from doing business with the federal government. Debarment and suspension are serious sanctions that prevent persons …
Oh SNAP! FNS Removes All Names from the SAM List Read More »
The Food and Nutrition Service (FNS) is an agency of the U.S. Department of Agriculture (USDA). Not surprisingly, that means that FNS is required to follow regulations and guidance issued by USDA. This fundamental concept appears to have been forgotten at FNS, at least in the context of the agency’s decision to list the names …
In a major victory for grocers, the United States Supreme Court (in a 6-3 decision) held that store level SNAP retailer data is exempt from disclosure under Exemption 4 of the Freedom of Information Act (“FOIA”). Exemption 4 precludes the disclosure of “commercial or financial information obtained from a person and privileged or confidential.” 5 …
Today, FDA published notice of the availability of a final guidance for industry, entitled: The Declaration of Added Sugars on Honey, Maple Syrup, Other Single-Ingredient Sugars and Syrups, and Certain Cranberry Products (June 2019). The final guidance provides industry with some rational relief from the added sugars nutrition labeling requirements that predated it. That relief …
Two years ago, a Kentucky farmer won an unusual $640,000 arbitration award against his Federal crop insurance AIP (approved insurance provider). During the arbitration, the farmer presented evidence to prove that the AIP had mishandled his policy, leaving the farm unprotected for two major crop losses. In one case, the AIP’s agent had placed the …
Crop Insurance Arbitration: Navigating the Landmines Read More »
It’s no secret that weeks of heavy rain and snow melt have wreaked havoc with farm operations across the Midwest this spring. Sixty tornadoes hit the lower plains last weekend alone, and rivers in some areas are cresting at levels not seen since the catastrophic floods of 1993. April and May are prime planting months …
FARMERS: Yes, heavy spring rains can affect your FCIC crop insurance coverage. Read More »
Reauthorization of the Healthy Hunger-Free Kids Act of 2010 has been stalled since 2015. Even though the Senate Agriculture Committee and the House Education and the Workforce Committee reported their respective bills, the Improving Child Nutrition Integrity and Access Act of 2016 (S. 3136) and the Improving Child Nutrition and Education Act of 2016 (H.R. …
FDA has announced a public meeting to discuss its recent Draft Guidance for industry on the agency’s intentional adulteration of food regulation, promulgated under FSMA, i.e., “Mitigation Strategies to Protect Against Intentional Adulteration” (Final Rule), codified at 21 C.F.R. Part 121. The public meeting is taking place on April 17, 2019, from 8:30 AM to …
FDA’s Final Rule on Intentional Adulteration of Food: Public Meeting and Guidance Read More »
The keto (ketogenic) diet, paleo diet, and low-carb diets for diabetics are not well-served by FDA’s food labeling regulations presently. A nutritional tenet of each of these diets is keeping carbohydrate consumption low. A low-carb diet limits foods that are significant sources of carbohydrates, such as cereal grains (e.g., breads, pasta, rice, corn chips), foods …
Owners of supermarkets and convenience stores are generally not aware that one of the perils of participating in the SNAP program may be placement on the General Services Administration’s System for Award Management list of excluded and disqualified parties (“SAM List”). That’s true because few retailers have heard of the SAM List and because USDA’s …
The Principals of Olsson Frank Weeda Terman Matz (OFW Law) are pleased to announce the promotion of Kristen O’Brien, Mason Weeda and John Dillard to Principal Attorneys at the firm. Kristen, Mason and John have all produced excellent work, and have demonstrated deep dedication and commitment to our clients. We welcome them as Principal Attorneys, …
OFW Law Adds Three Principal Attorneys to the Firm Read More »
By former USDA Secretary John R. Block. The passing of President George H. W. Bush has brought the whole nation to focus on his life and the contributions that he made to our country. President Reagan brought the Soviet Union down, but President Bush managed the clean-up of the Cold War. Eastern Europe emerged from the …
During this Holiday Season, we all enjoy those extra calories and special desserts. It is part of giving thanks and enjoying family. There is no need to give that up, but let’s also keep an eye on the obesity equation. Food labeling regulations and guidelines, such as the USDA- HHS Dietary Guidelines for for Americans, are …
Opinion: The Obesity Equation Calories in; Calories Out Read More »
Owners of retail food stores permanently disqualified from participation in the Supplemental Nutrition Assistance Program (SNAP) are saddled with serious consequences in addition to the loss of the store’s ability to accept food stamp benefits (EBT). After USDA’s Food & Nutrition Service (FNS) permanently disqualifies a store, the agency promptly searches its SNAP retailer database …
This evening, the Congressional Hunger Center will present its 2018 Lifetime Achievement Award to Marshall Matz. However, if you were to ask him, Marsh would tell you that receiving a “Lifetime Achievement Award” does not mean he’s done advocating for public policy to address pressing food security and nutrition challenges. Others, such as former Senate …
FDA has announced a public meeting, entitled “FDA’s Comprehensive, Multi-Year Nutrition Innovation Strategy,” (Strategy) to be held on July 26, 2018, from 8:30 a.m. until 5:30 p.m. EDT, at the Hilton Washington DC/Rockville Hotel, 1750 Rockville Pike, Rockville, MD 20852. The public meeting also will be made available via live webcast. In March 29, 2018 …
FDA has published a guidance that specifies eight (8) additional substances that qualify as dietary fiber for purposes of nutrition labeling: The Declaration of Certain Isolated or Synthetic Non-Digestible Carbohydrates as Dietary Fiber on Nutrition and Supplement Facts Labels: Guidance for Industry (June 2018). When it revised its Nutrition Facts and Supplement Facts regulatory requirements …
Isolated or Synthetic Non-Digestible Carbohydrates that Qualify as Dietary Fiber Read More »
USDA’s Food and Nutrition Service (FNS) may impose civil monetary penalties (CMP) on retailers that are determined to have violated Supplemental Nutrition Assistance Program (SNAP) regulations. These penalties are most frequently imposed against SNAP retailers who transfer ownership of their stores after being disqualified for trafficking. FNS may also grant a CMP in lieu of …
SNAP Trafficking and Other Civil Monetary Penalties Edge Higher Read More »
Food manufacturers using the following seven (7) synthetic flavoring substances and adjuvants should take note that the safety of these ingredients is being challenged: Benzophenone (a/k/a diphenylketone), Ethyl acrylate, Eugenyl methyl ether (a/k/a 4-allylveratrole, methyl eugenol, or Methyleugenol), Myrcene (a/k/a 7-methyl-3-methylene-1,6-octadiene), Pulegone (a/k/a p-menth-4(8)-en-3-one), Pyridine, and Styrene. Each of these substances is authorized for food …
Synthetic Flavors’ Safety Questioned – Strategy Needed to Address Consequence Read More »
Debate over the 2018 Farm Bill, likely to start in earnest this week with House consideration of H.R. 2, may focus sharp attention on the question of whether taxpayer costs for Federal Crop Insurance are reasonable and supportable. At least five amendments filed for floor consideration are intended to limit these costs in different ways. …
Federal Crop Insurance AIPs: Some Misconceptions about Underwriting Gains Read More »
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