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 […]
Disqualified from SNAP? SAM I Am! Read More »
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 Nutrition Innovation Strategy Read More »
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 »
Small grocery stores and specialty retail food stores that sell hot foods are facing an unprecedented threat to their businesses. Not from competition or due to rising costs. Instead, thousands of small fish and seafood markets in impoverished urban neighborhoods across the country are threatened with the withdrawal of their Supplemental Nutrition Assistance Program (“SNAP”)
Selling Too Much Food Hot? SNAP-Authorized You’re Not! Read More »
The Office of Dietary Supplement Programs within CFSAN at FDA has prepared and published guidance for industry, warning that powdered and liquid dietary supplements containing pure or highly concentrated caffeine may be deemed to be adulterated under section 402(f)(1)(A) of the FD&C Act: Highly Concentrated Caffeine in Dietary Supplements: Guidance for Industry (Apr. 2018). Caffeine
Caffeine in Dietary Supplements Read More »
The Food Labeling Modernization Act of 2018 (H.R. 5425) was introduced on April 4, 2018, by Rep. Frank Pallone, Jr. (D-NJ), the ranking member of the House Energy and Commerce Committee. A joint press statement announcing the bill was released by Rep. Pallone and co-sponsor Rep. Rosa DeLauro (D-CT), the ranking member of the House
In a highly unusual decision, a Federal District Court judge in Maryland granted summary judgment in a food stamp licensing appeal brought by a Baltimore convenience store without permitting the retailer to conduct any discovery whatsoever. In Negash v. United States, U.S. District Court Judge Richard Bennett dismissed the retailer’s appeal of a Final Agency
Dietary fiber is a macronutrient that permissibly may be declared in the Nutrition Facts on a conventional food’s label, and in the Supplement Facts on a dietary supplement’s label. 21 C.F.R. §§ 101.9(c)(6)(i), 101.36(b)(2)(i). To clarify what may be included in nutrition labeling declaration of Dietary Fiber content, § 101.9(c)(6)(i) provides: Dietary fiber is defined
Dietary Fiber Permissible in Nutrition/Supplement Facts Read More »
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 »
Congress Bars FNS from Enforcing Portions of its Enhancing Retailer Standards in SNAP Final Rule Federal agencies are viewed by many as possessing immense power over regulated businesses. This is especially true at the Food and Nutrition Service (“FNS”) in the context of retail food stores that participate in the Supplemental Nutrition Assistance Program (“SNAP”),
Of all the issues surrounding a new Farm Bill in 2018, perhaps none unifies American agricultural producers more than Federal Crop Insurance, provided by USDA’s Federal Crop Insurance Corporation (FCIC). Be it North or South, big or small, row crops or specialty, organic or conventional, the FCIC crop insurance program is today viewed almost universally
Top Priority for the 2018 Farm Bill: Protect Federal Crop Insurance Read More »
According to the Wall Street Journal: “Organic milk sales have cooled as the very shoppers who drove demand for the specialty product not long ago move on to newer alternatives, leaving dairy sellers and producers grappling with oversupply….Now, organic-milk supplies have ballooned just as demand has stalled. Many shoppers have moved on to substitutes such
“Milk” Comes from Breasts/Udders Read More »
OFW Law has joined with the United Fresh Produce Association (UFPA) to provide members access to a legal review of product labels. UFPA brings together companies across every segment of the fresh produce supply chain, including growers, shippers, fresh cut processors, wholesalers, distributors, retailers, foodservice operators, industry suppliers and allied associations. This new service was
United Fresh and OFW Law Launch Legal Labeling Review Service Read More »
By Marshall L. Matz, as published in Agri-Pulse When it comes to agriculture research, no organization is as important to our farmers as is USDA and the Agriculture Research Service (ARS). ARS works with our land grant universities to support US farmers and ranchers. Our unique system of research and extension is a major reason for our
The Vast Army Fighting Hunger Around the Globe Read More »
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:
By Senator Bob Dole and Marshall Matz, as published in The Des Moines Register The World Food Prize Foundation, based in Des Moines, Iowa, is again focusing attention on food security by honoring Dr. Akin Adesina, the president of the African Development Bank. With a PhD in agriculture from Purdue, Dr. Adesina is the first “aggie”
The Dietary Supplement Health and Education Act (DSHEA) was enacted in 1994 – almost a quarter century ago. It amended the Federal Food, Drug, and Cosmetic Act (FD&C Act) in a number of significant ways that set the stage for present marketing of this important category of consumer goods. However, aspects of DSHEA never were
“Grandfathered” Dietary Ingredients – It’s About Time Read More »
Washington, DC – Wednesday, August 30, 2017 – OFW Law is pleased to announce that one of its founding principals, Richard L. Frank, has been recognized as the Agriculture Lawyer of the Year in the 2017 edition of the Finance Monthly Global Awards. Now entering its 9th year, the Finance Monthly Global Awards 2017 edition
OFW Founder Rick Frank Named Agriculture Lawyer of the Year by Finance Monthly Read More »
By Marshall Matz, as published in Agri-Pulse The 2018 Senate Agriculture Appropriations Report notes that global food production will have to increase by 60 percent to meet the needs of 9 billion people forecast for 2050. The report then calls upon USDA Secretary Perdue “to take a leadership role in working with other relevant departments and
The Missing Link in Global Food Security Read More »
OFW Law is pleased to announce the creation of a new Health Industry Policy and Regulatory Practice. The practice will be focused on government health program payment issues and FDA-related policy issues for clients in the health care delivery system and innovative life sciences areas. To provide leadership for this practice, OFW Law is also
Last week, the Food and Drug Administration (“FDA”) published a notice in the Federal Register implementing additional requirements for medical devices under the 21st Century Cures Act (“Cures Act”). Section 3059 of the Cures Act requires FDA to publish a list of reusable device types that must include validated instructions for use, in addition
FDA implements 21st Century Cures Act Requirements for Reusable Devices Read More »
By Brett Schwemer, as published in The National Provisioner To appeal or not to appeal; that is the question Establishments regulated by the Food Safety and Inspection Service (FSIS) frequently face the dilemma on whether to appeal agency decisions that could have a negative impact on their businesses. Even when there are valid grounds for an
Should Your Establishment Appeal a FSIS Decision? Read More »
On April 8, 2017, Forest Devices, Inc. from Carnegie Mellon University was awarded OFW Law’s Regulatory Strategy Prize at the 2017 Rice Business Plan Competition in Houston, Texas. Forest Devices bested 41 other competitors hailing from some of the world’s top universities in the overall competition, as well, earning about $700,000 in prize money. Forest
OFW Law Supports Medical Device Innovators at the 2017 Rice Business Plan Competition Read More »
President Trump issued an Executive Order (Reorganization EO) on March 13 directing the Office of Management and Budget (OMB) to submit a comprehensive plan to reorganize Executive Branch departments and agencies. OMB has now issued a Memorandum for heads of Executive Departments and Agencies calling for a Comprehensive Plan for Reforming the Federal Government an
What Would You Change About the Federal Government? Read More »
In a ground-breaking ruling this week, the U.S. Court of Appeals for the 7th Circuit ruled in an en banc opinion that Title VII of the Civil Rights Act of 1964 protects workers from discrimination based on sexual orientation. In Hively v. Ivy Tech Community College of Indiana, the plaintiff was fired from her teaching
Employment Law: Title VII Protects LGBTs From Discrimination, Says 7th Circuit Read More »
I have been accused by my children of being a “Grammar Nazi.” After years of haranguing, they know better than to end a sentence with a preposition in my presence (and, hopefully, when I am not around). Another of my pet peeves is the common practice of dropping the Oxford comma (aka, the serial comma)
Good Grammar Matters Under the Law Read More »
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 »
By Senator Bob Dole and Marshall Matz, as published in Agri-Pulse Perhaps no sector of the American economy is more dependent on trade than agriculture. It is the life blood of the heartland supporting over 15 million jobs throughout the United States. Our economy is so large, however, that the importance of agriculture is frequently overlooked.
Trade is Key for Agriculture Read More »
President Trump has made re-evaluating our approach to international trade a centerpiece of his economic agenda. In addition to putting what appears to be the final nail in the coffin of the Trans-Pacific Partnership (TPP), Trump has signaled his intention to re-negotiate the North American Free Trade Agreement (NAFTA); if the U.S. does not receive
NAFTA Renegotiation: What’s At Stake? Read More »
For more than 20 years, Federal law has expressly provided that states may test welfare recipients for use of controlled substances free from interference of federal agencies. 21 U.S.C. §862(b). Relying upon this Congressional enactment, Wisconsin passed Act 55 during 2015. Act 55 authorized new drug screening and testing requirements for certain SNAP beneficiaries in
SNAP Wars: Scott Walker, Tom Vilsack and Drug Testing of SNAP Beneficiaries Read More »
In a major victory for supermarkets, convenience stores, and other Supplemental Nutrition Assistance Program (SNAP) retailers, the U.S. Food and Nutrition Service (FNS) has finally agreed to start publishing its administrative Final Agency Decisions (FADs) in food stamp authorization and disqualification proceedings. On January 4, 2017, in response to a multi-year effort spearheaded by OFW
FNS Agrees To (Finally) Start Publishing SNAP Retailer Final Agency Decisions Read More »
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