Lab review of a sealed ingredient jar by a scientist and a regulatory director under food safety legislation

Food Safety Legislation and Government Advocacy: How Industry Shapes Federal Policy

FDA, Food Manufacturing, Processing, and Marketing, Government Relations / J. Mason Weeda

The Food Safety Modernization Act moved through Congress after years of pressure from outbreaks, committee work, consumer groups, food companies, and trade associations. FDA did not write a new food safety statute on its own. Congress did, and the record that made FSMA passable was built long before President Obama signed it on January 4,

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Federal Court Upholds Oregon Packaging EPR Program

FDA, Food Manufacturing, Processing, and Marketing, USDA / Kyla Kaplan and Nicole Bayne

On August 27, 2026, the U.S. District Court for the District of Oregon upheld Oregon’s Plastic Pollution and Recycling Modernization Act (RMA), rejecting constitutional challenges brought by the National Association of Wholesaler-Distributors (NAW). The ruling is one of the first federal court decisions addressing constitutional challenges to a state packaging extended producer responsibility (EPR) program

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The 2026 Landscape of State Baby Food & Infant Formula Legislation – What Is Here, What Is Coming, And How to Prepare?

FDA, Food Manufacturing, Processing, and Marketing / Kyla S. Kaplan

Mandatory testing for toxic heavy metals (arsenic, cadmium, lead, mercury) Public disclosure of results, typically via manufacturer websites Labeling requirements, often including QR codes linking to transparency data Approved Laws and Pending Legislation Following 2021 Congressional recommendations and FDA’s response regarding manufacturers and testing baby and toddler foods for heavy metals and publicly disclosing the

The 2026 Landscape of State Baby Food & Infant Formula Legislation – What Is Here, What Is Coming, And How to Prepare? Read More »

California SB 54 Litigation Signals Changes for Extended Producer Responsibility (EPR) Packaging Compliance

Food Manufacturing, Processing, and Marketing, Agriculture & Agribusiness / Kyla S. Kaplan

California’s Extended Producer Responsibility (EPR) packaging law, Senate Bill 54 (SB 54), formally known as the Plastic Pollution Prevention and Packaging Producer Responsibility Act is at the center of a significant federal lawsuit that could shape the future of EPR and packaging regulation nationwide. On June 22, 2026, a coalition of 17 states led by Nebraska

California SB 54 Litigation Signals Changes for Extended Producer Responsibility (EPR) Packaging Compliance Read More »

Government compliance in food and agriculture

Government Compliance and Risk Management in Food & Agriculture

Food Manufacturing, Processing, and Marketing, Agriculture & Agribusiness, FDA, USDA FSIS / J. Mason Weeda

Your FSIS inspector flags a sanitation issue during routine review. FDA issues a warning letter citing preventive controls violations. USDA questions your animal-raising label claims. Any of these compliance failures can trigger enforcement escalation – from warning letters to civil penalties, suspension of operations, or mandatory recalls. The regulatory framework governing food and agriculture operations

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Food Date Label Regulations: What Food Companies Must Know About the Coming Federal Standards

Food Manufacturing, Processing, and Marketing / J. Mason Weeda

Your food products meet every safety standard. Your food date labeling complies with current regulations. Yet consumers are throwing away millions of dollars worth of your perfectly safe products because they misunderstand the dates printed on your packaging. I know this because the regulatory disconnect around date labeling has created a compliance vacuum that damages

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FDA Compliance Mistakes: Common Errors That Trigger Warning Letters and Enforcement Actions

FDA, Food Manufacturing, Processing, and Marketing / J. Mason Weeda

Your production schedule just got derailed by an FDA inspection observation. Your quality team is scrambling to understand why procedures you’ve followed for years suddenly don’t meet current Good Manufacturing Practice requirements. And now you’re facing questions from executives about potential warning letters and what they mean for your business. I’ve seen this pattern repeatedly

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USDA Labeling Laws for Meat, Poultry and Egg Guide

Meat, Poultry & Egg Labeling Laws: USDA Labeling Requirements

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

Meat and poultry processors face labeling rejections from FSIS that delay product launches and waste printing costs. Label approval specialists cite obscure policy memos and technical violations that weren’t apparent from reading the core regulations. I know this because USDA labeling laws and requirements represent one of the most detailed regulatory frameworks in food production

Meat, Poultry & Egg Labeling Laws: USDA Labeling Requirements Read More »

The Farm Bill and What it Means for USDA-Regulated Food Companies

The Farm Bill and What It Means for USDA-Regulated Industries

USDA, Agriculture & Agribusiness, Food Manufacturing, Processing, and Marketing / John G. Dillard

Agricultural businesses operating under USDA regulations face policy shifts every five years when Congress passes the Farm Bill. These massive legislative packages – sometimes exceeding 1,000 pages – reshape USDA programs, enforcement priorities, and compliance requirements across every regulated sector. I know this because the Farm Bill determines which USDA programs receive funding and enforcement

The Farm Bill and What It Means for USDA-Regulated Industries Read More »

Changes To Food And Color Additive Regulations Leave Stakeholders Grappling with Uncertainty

FDA, Food Manufacturing, Processing, and Marketing / Tish Eggleston Pahl

The robust science-based framework established by Congress for regulating food and color additives is encountering significant challenges. Concerns about these additives, first raised by advocacy groups, have been picked up by state legislatures. These concerns have been further amplified by the Make America Healthy Again (MAHA) movement and U.S. Health and Human Services (HHS) Secretary

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The Emerging Legal Impacts of Generative AI on Patents and Trademarks: A Symposium with the USPTO and U.S. Copyright Office

FDA, Food Manufacturing, Processing, and Marketing, Government Relations, USDA / Ben Dash

As generative artificial intelligence (AI) systems become increasingly powerful and widespread, the United States Patent and Trademark Office (USPTO) is beginning to evaluate the legal implications for intellectual property rights and protection. On March 27th, the USPTO and the U.S. Copyright Office jointly held a public symposium to explore the emerging challenges AI presents across

The Emerging Legal Impacts of Generative AI on Patents and Trademarks: A Symposium with the USPTO and U.S. Copyright Office Read More »

OFW and AFI Invite You to a Food Industry Update: Trends in Customs and Trade and Litigation

FDA, Food Distribution & International Trade, Food Manufacturing, Processing, and Marketing, For Export, Litigation / Firm Announcement

Thursday, September 21 from 12:00 – 1:00 p.m. Click here to register for this event. Space is limited. In today’s global economy, the regulatory and legal landscape can change quickly. OFW will provide a high-level review of customs and trade and litigation trends that could affect product compliance and liability, and the ability to market

OFW and AFI Invite You to a Food Industry Update: Trends in Customs and Trade and Litigation Read More »

OFW Law’s Ackerman Discusses AFIDA in Agri-Pulse

Agriculture & Agribusiness, Food Distribution & International Trade, Food Manufacturing, Processing, and Marketing, Government Relations, OFW Law News, USDA / Ben Dash

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

OFW Law’s Ackerman Discusses AFIDA in Agri-Pulse Read More »

SEC Stock Promotion Scheme Charges Against the Cannabis Industry

Cannabis, Food Distribution & International Trade, Food Manufacturing, Processing, and Marketing / Kyla S. Kaplan

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 conducting

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FDA’s Nutrition Initiatives: FDA’s Proposed Rule to Update the Definition of “Healthy”

FDA, Food Manufacturing, Processing, and Marketing / Ben Dash

As mentioned in September’s Regulatory Recap, last week, the Food and Drug Administration (FDA) issued a proposed rule on the “Definition of the Term ‘Healthy’” nutrient content claims. FDA updated its Nutrition Initiatives, and issued the proposed rule, to more closely align with the HHS and USDA’s 2020-2025 Dietary Guidelines for Americans, nutrition facts labels,

FDA’s Nutrition Initiatives: FDA’s Proposed Rule to Update the Definition of “Healthy” Read More »

August Food and Agriculture Regulatory Recap

Agriculture & Agribusiness, FDA, Food Manufacturing, Processing, and Marketing / 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 August that we took note of. If you have any questions or would like more information, please

August Food and Agriculture Regulatory Recap Read More »

Massachusetts Delays Enforcement of Question 3 Pork Restrictions

Food Manufacturing, Processing, and Marketing, Agriculture & Agribusiness, USDA, USDA FSIS / John G. Dillard

The State of Massachusetts will delay enforcement of its Question 3 regulations that would restrict pork sales in the state

Massachusetts Delays Enforcement of Question 3 Pork Restrictions Read More »

July Food and Agriculture Regulatory Recap

FDA, Food Distribution & International Trade, Food Manufacturing, Processing, and Marketing, USDA / 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 July that we took note of. If you have any questions or would like more information, please

July Food and Agriculture Regulatory Recap Read More »

Summary of Senate’s Hearing “Decriminalizing Cannabis at the Federal Level: Necessary Steps to Address Past Harms”

FDA, Cannabis, Food Manufacturing, Processing, and Marketing, Government Relations, Miscellaneous, Public Policy / Ben Dash

On July 26, 2022, the Senate Judiciary Committee’s Subcommittee on Criminal Justice and Terrorism held a hearing on “Decriminalizing Cannabis at the Federal Level: Necessary Steps to Address Past Harms.” The hearing largely addressed the recently introduced S. 4591, “Cannabis Administration and Opportunity Act” (the “CAOA”). The witnesses included: Malik Burnett, Medical Director, Maryland Department

Summary of Senate’s Hearing “Decriminalizing Cannabis at the Federal Level: Necessary Steps to Address Past Harms” Read More »

CAOA Filed in the Senate

Miscellaneous, Cannabis, FDA, Food Manufacturing, Processing, and Marketing, Public Policy / Ben Dash

On Thursday, July 21, 2022, Senators Chuck Schumer (D-NY) Cory Booker (D-NJ), and more officially filed the Cannabis Administration and Opportunity Act (CAOA) (S.4591) to legalize cannabis nationwide. OFW has prepared material on this bill and will be monitoring supplementary announcements and hearings for more information. Please note that OFW has provided other posts on key areas of interest in

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USDA Publishes Annual Summary of Foodborne Illness Outbreaks Investigated During FY2021

Food Manufacturing, Processing, and Marketing, USDA / Kyla S. Kaplan

As of July 2022, the United States Department of Agriculture’s (USDA) Food Safety and Inspection Service (FSIS or the agency) has made publicly available the agency’s annual summary of foodborne illness outbreaks investigated last year (i.e., FY2021). The summary reports on all outbreaks that were investigated by FSIS during FY2021 and includes the following key

USDA Publishes Annual Summary of Foodborne Illness Outbreaks Investigated During FY2021 Read More »

June Food and Agriculture Regulatory Recap

Agriculture & Agribusiness, FDA, Food Distribution & International Trade, Food Manufacturing, Processing, and Marketing, USDA / 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 June that we took note of. If you have any questions or would like more information, please

June Food and Agriculture Regulatory Recap Read More »

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

Food Distribution & International Trade, Food Manufacturing, Processing, and Marketing / Kyla S. Kaplan

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 »

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

Agriculture & Agribusiness, FDA, Food Manufacturing, Processing, and Marketing / Kyla S. Kaplan

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

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

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

FDA, Cannabis, Food Distribution & International Trade, Food Manufacturing, Processing, and Marketing / Kyla S. Kaplan

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

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

March Food and Agriculture Regulatory Recap

Agriculture & Agribusiness, FDA, Food Distribution & International Trade, Food Manufacturing, Processing, and Marketing, USDA / 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 March that we took note of. If you have any questions or would like more information, please

March Food and Agriculture Regulatory Recap Read More »

February Food and Agriculture Regulatory Recap

Agriculture & Agribusiness, FDA, Food Manufacturing, Processing, and Marketing, Health Care, Public Policy, USDA / 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 February that we took note of. If you have any questions or would like more information, please

February Food and Agriculture Regulatory Recap Read More »

Declaration of a National Emergency Extended; Important Beyond Protecting the Public from the Risks of COVID-19

FDA, Food Manufacturing, Processing, and Marketing, Government Relations, Health Care / Kyla S. Kaplan

On February 23, 2022, the Administration published in the Federal Register a Notice of “Continuation of the National Emergency Concerning Coronavirus Disease 2019 (COVID-19) Pandemic” to extend the national emergency declaration from March 13, 2020. The 2020 Declaration was due to expire on March 1, 2022 and, with this Administrative Order, the national emergency continues,

Declaration of a National Emergency Extended; Important Beyond Protecting the Public from the Risks of COVID-19 Read More »

Infant Formula Recall Triggers Concerns for WIC Beneficiaries

Food Manufacturing, Processing, and Marketing, Agriculture & Agribusiness, Food Distribution & International Trade, SNAP, USDA / Stewart D. Fried

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 »

USDA Announces Funding for Climate-Smart Agriculture Projects

USDA, Agriculture & Agribusiness, Food Manufacturing, Processing, and Marketing / Ben Dash

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

USDA Announces Funding for Climate-Smart Agriculture Projects Read More »

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

Agriculture & Agribusiness, Food Manufacturing, Processing, and Marketing, Government Relations, USDA / Kyla S. Kaplan

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, On

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

January Food and Agriculture Regulatory Recap

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

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” Claims on Food Labels.

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

Modernization of Principles for Food Standards of Identity (SOI) – In a Long-Line of What Needs to be Done, “French Dressing” SOI Revoked