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Food Distribution & International Trade

SEC Stock Promotion Scheme Charges Against the Cannabis Industry

Food Distribution & International Trade, Food Manufacturing, Processing, and Marketing / By

In October, the United States Securities and Exchange Commission (SEC) announced that it would be charging two (2) cannabis companies, Emerald Health and HighTimes, and six (6) associated individuals who worked with the companies, for their involvement in “stock promotion schemes.”   Stock promotion schemes are “fraudulent schemes to promote the securities of issuers that were …

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Food Security a Priority at UN

Public Policy, Agriculture & Agribusiness, Food Distribution & International Trade, For Export, Government Relations / By

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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July Food and Agriculture Regulatory Recap

FDA, Food Distribution & International Trade, Food Manufacturing, Processing, and Marketing, USDA / By

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 July 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

Agriculture & Agribusiness, FDA, Food Distribution & International Trade, Food Manufacturing, Processing, and Marketing, USDA / By

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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As Operational Guidance Becomes Available; The Uyghur Forced Labor Act Goes Into Effect

Food Distribution & International Trade, Food Manufacturing, Processing, and Marketing / By

The  “Uyghur Forced Labor Prevention Act” (the UFLPA) went into effect this past Tuesday, June 21, 2022. The UFLPA creates a rebuttable presumption that “any goods, wares, articles, and merchandise mined, produced, manufactured wholly or in part” in the Xinjiang Uyghur Autonomous Region (Uyghur Region) of China are produced with forced labor and therefore are …

As Operational Guidance Becomes Available; The Uyghur Forced Labor Act Goes Into Effect Read More »

May Food and Agriculture Regulatory Recap

Agriculture & Agribusiness, FDA, Food Distribution & International Trade, USDA / By

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

Agriculture & Agribusiness, EPA, FDA, Food Distribution & International Trade, Food Manufacturing, Processing, and Marketing, USDA, USDA FSIS / By

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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Federal Cannabis Legalization & Regulation: A Timely Discussion of The Mace States Reform Act

FDA, Food Distribution & International Trade, Food Manufacturing, Processing, and Marketing / By

Background By the end of 2021, ninety-one percent of Americans reported favoring some form of marijuana legalization. To date, eighteen (18) states and Washington, DC, have legalized adult recreational use of marijuana, and thirty-seven (37) states and four (4) territories have medical use programs. More states will likely be expanding access to marijuana with ballot …

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March Food and Agriculture Regulatory Recap

Agriculture & Agribusiness, FDA, Food Distribution & International Trade, Food Manufacturing, Processing, and Marketing, USDA / By

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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Infant Formula Recall Triggers Concerns for WIC Beneficiaries

Food Manufacturing, Processing, and Marketing, Agriculture & Agribusiness, Food Distribution & International Trade, SNAP, USDA / By

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 …

Infant Formula Recall Triggers Concerns for WIC Beneficiaries Read More »

January Food and Agriculture Regulatory Recap

USDA, Agriculture & Agribusiness, FDA, Food Distribution & International Trade, Food Manufacturing, Processing, and Marketing, USDA FSIS / By

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 »

“Top Legal and Regulatory Issues for Food and Beverage Companies in 2022” Online Seminar Hosted by OFW Law and the Food Institute

FDA, Food Distribution & International Trade, Food Manufacturing, Processing, and Marketing / By

OFW Law and the Food Institute will host a special four-part virtual seminar Feb. 16-17, 2022 on some of the top legal and regulatory issues facing food and beverage companies.     Click to Register  Early Bird and Group Discounts Available!   Day 1 – The Agenda:   Session 1: Latest FDA Developments on “Healthy” …

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Trademark Modernization Act Took Effect December 18, 2021

Food Distribution & International Trade, Food Manufacturing, Processing, and Marketing / By

On December 18, 2021, regulations implementing the Trademark Modernization Act of 2020 (“TMA”) went into effect. By amending the Trademark Act of 1946 (Lanham Act), individuals, businesses, and the United States Patent and Trademark Office (USPTO) now have new tools at their disposal to clear unused trademarks and service marks (hereinafter “marks”) from the Principal/Supplemental …

Trademark Modernization Act Took Effect December 18, 2021 Read More »

The National Bioengineered Food Disclosure Standard Is Now in Effect

Agriculture & Agribusiness, FDA, Food Distribution & International Trade, Food Manufacturing, Processing, and Marketing, USDA / By

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

Agriculture & Agribusiness, FDA, Food Distribution & International Trade, Food Manufacturing, Processing, and Marketing / By

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 »

Israeli Minister for Agriculture Forer discusses Israeli-US Partnerships in U.S. Visit

Government Relations, Food Distribution & International Trade, Miscellaneous / By

On December 2, 2021, the Israeli Minister of Agriculture and Rural Affairs Oded Forer concluded a three-day trip to Washington D.C. to strengthen Israel’s strategic partnership with the U.S. and other regional partners on agricultural issues. This trip included meetings with Senators, the USDA Deputy Secretary Dr. Jewel Bronaugh, and senior executives at the World …

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

Agriculture & Agribusiness, Food Distribution & International Trade, Food Manufacturing, Processing, and Marketing / By

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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USTR/USDA Holds Open Meeting to Discuss China Decrees 248 and 249

Agriculture & Agribusiness, Food Distribution & International Trade, Food Manufacturing, Processing, and Marketing, For Export, Government Relations, USDA, USDA FSIS, USTR / By

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 …

USTR/USDA Holds Open Meeting to Discuss China Decrees 248 and 249 Read More »

The Potential Time Bomb of African Swine Fever

Agriculture & Agribusiness, FDA, Food Distribution & International Trade, Food Manufacturing, Processing, and Marketing, For Export, USDA / By

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 …

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October Food and Agriculture Regulatory Recap

Agriculture & Agribusiness, EPA, FDA, Food Distribution & International Trade, Food Manufacturing, Processing, and Marketing, Uncategorized, USDA, USDA FSIS / By

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 »

The FOREST Act of 2021 – Senate Bill Prohibiting the Importation of Products Produced on Land Undergoing Illegal Deforestation

Agriculture & Agribusiness, Food Distribution & International Trade, Food Manufacturing, Processing, and Marketing / By

Senator Brian Schatz (D-HI) and Earl Blumenauer (D-OR) announced today the introduction of the “Fostering Overseas Rule of Law and Environmentally Sound Trade Act of 2021” (“FOREST Act”). The text of the FOREST Act is available here.  The FOREST Act addresses the environmental and human consequences of illegal deforestation. The addition to the Tariff Act …

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FTC to Issue Final Rule to Combat “Made in USA” Fraud

Food Distribution & International Trade, Agriculture & Agribusiness, FDA, Food Manufacturing, Processing, and Marketing, Government Relations, USDA, USTR / By

On July 1st, the Federal Trade Commission voted 3-2 to publish the final Made in USA Labeling Rule in the Federal Register.  The rule is consistent with – and essentially codifies – its prior 1997 Enforcement Policy Statement on U.S. Origin Claims, and provides the agency with enforcement tools to combat fraudulent claims.   The rule …

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Opinion: The Code Breaker, CRISPR, and the UN Summit

Food Distribution & International Trade, Public Policy, USDA / By

This piece was originally published by Agri-Pulse Communications.   As preparations for the United Nations Food System Summit (FSS) get underway in the US and around the world, the respected author Walter Isaacson has released a new book entitled The Code Breaker. Isaacson, well known as a talented historian and biographer, has written eloquently of Albert Einstein, Benjamin …

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Biden Administration Releases Executive Order on America’s Supply Chains

Food Distribution & International Trade / By

Throughout the COVID-19 pandemic, Americans have experienced shortages of essential products including food, medicine, personal protective equipment, and components used for manufacturing.  In response, on February 24, the Biden Administration issued an Executive Order (EO) on America’s Supply Chains to ensure resilient and secure supply chains for critical and essential goods.  The goal of the …

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The UN FOOD SYSTEM SUMMIT: Upside and Downside for US Agriculture

Food Distribution & International Trade, Agriculture & Agribusiness, Government Relations, USDA / By

The UN Food System Summit (FSS), to be hosted by Secretary-General António Guterres as a part of the UN General Assembly this September, is generating increased attention for several reasons:   It’s fast approaching. Hunger is on the rise. The new Biden/Harris Administration is committed to international engagement and hunger reduction. US agriculture has much …

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How Does Buying American Benefit U.S. Food, Agriculture, and Medical Products?

Agriculture & Agribusiness, FDA, Food Distribution & International Trade, Food Manufacturing, Processing, and Marketing, Government Relations, Public Policy, USDA / By

President Biden recently issued an Executive Order (EO) to harness the federal government’s purchasing power to bolster domestic manufacturing. The “Strengthening Buy American Provisions, Ensuring Future of America is Made in America by All of America’s Workers” intends to support American industry and American workers. Overall, this EO looks to close loopholes in existing “Buy American” policies …

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Food drive called "Stamp Out Hunger"

Oh, SNAP! SNAP Retailers Need to Watch Out for New FNS Entrapment Techniques

Food Manufacturing, Processing, and Marketing, Food Distribution & International Trade, Government Relations, USDA / By

For decades, USDA’s Food and Nutrition Service (FNS) has attempted to combat fraud by retailers and beneficiaries in the Supplemental Nutrition Assistance Program (SNAP) with varying success.  Fraud levels were dramatically reduced after FNS rolled out the Electronic Benefit Transfer (EBT) system and discontinued the use of paper food stamps more than fifteen years ago.  …

Oh, SNAP! SNAP Retailers Need to Watch Out for New FNS Entrapment Techniques Read More »

employees cutting meat at a processing facility

CDC to Host Webinar on COVID-19 Vaccination for Food and Agriculture Workers – January 21st

Agriculture & Agribusiness, Food Distribution & International Trade, Food Manufacturing, Processing, and Marketing / By

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 …

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NIAA: What to Expect for Animal Agriculture in a Biden Administration

Agriculture & Agribusiness, Food Distribution & International Trade, Food Manufacturing, Processing, and Marketing, Government Relations / By

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 …

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International Trade Commission to Investigate Imports of Cucumbers, Including Gherkins

Food Distribution & International Trade / By

The U.S. International Trade Commission (ITC) has instituted Investigation No. 332-583, Cucumbers: Effect of Imports on U.S. Seasonal Markets, with a Focus on the U.S. Southeast. The study is being conducted at the request of the United States Trade Representative (USTR) and will include a public hearing as well as opportunities to submit briefs and …

International Trade Commission to Investigate Imports of Cucumbers, Including Gherkins Read More »

International Trade Commission to Investigate Squash Imports

Food Distribution & International Trade / By

The U.S. International Trade Commission (ITC) today instituted Investigation No. 332-584, Squash: Effect of Imports on U.S. Seasonal Markets, with a Focus on the U.S. Southeast. The study is being conducted at the request of the United States Trade Representative (USTR) and will include a public hearing as well as opportunities to submit briefs and …

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ITC To Investigate the Impact of Blueberry Imports on US Domestic Producers

Food Distribution & International Trade, Government Relations / By

At the request of the U.S. Trade Representative, the U.S. International Trade Commission (ITC) has initiated an investigation to determine whether increased imports of fresh, chilled, or frozen blueberries are causing or threatening to cause serious injury to domestic blueberry producers.  If the ITC determines that they are, the President is authorized to take action …

ITC To Investigate the Impact of Blueberry Imports on US Domestic Producers Read More »

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