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Food Manufacturing, Processing, and Marketing

Trademark Modernization Act Took Effect December 18, 2021

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

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

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The National Bioengineered Food Disclosure Standard Is Now in Effect

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

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 /

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 »

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 /

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

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

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 /

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 /

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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UPDATE: Federal Contractor Vaccine Mandate

Agriculture & Agribusiness, FDA, Food Manufacturing, Processing, and Marketing, Government Relations, Health Care, Healthcare, USDA, USDA FSIS /

Federal Contractors are being given additional time and flexibility to address the vaccination mandate – Employees must be fully vaccinated by January 18, 2022. The Department of Health and Human Services (HHS) and The United States Department of Agriculture (USDA) Contracting Officers Have Enormous Discretion To Add Vaccine Mandate Clause to Product Contracts. On November

UPDATE: Federal Contractor Vaccine 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 /

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 »

USDA FSIS to Chart New Path on Salmonella Control in Poultry

Food Manufacturing, Processing, and Marketing, USDA, USDA FSIS /

On October 19, 2021, the U.S. Department of Agriculture’s (USDA) Food Safety and Inspection Service (FSIS) announced that it will be undertaking a new approach to regulating Salmonella in poultry (i.e., turkey and chicken). In the coming months, FSIS will begin a series of roundtables to gather information and recommendations on how to meet the

USDA FSIS to Chart New Path on Salmonella Control in Poultry 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 /

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

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

Good News for SNAP Retailers: FNS Increases SNAP Benefits for Fiscal Year 2022

Agriculture & Agribusiness, Food Manufacturing, Processing, and Marketing, Litigation, USDA /

The beginning of the new federal fiscal year on October 1 brought welcome news to 45 million SNAP beneficiaries across the country and to more than 250,000 grocery stores, convenience stores, and other retailers authorized to redeem SNAP benefits.  On October 1, 2021, average SNAP benefits increased by $35.24 per person, per month.  USDA’s Food

Good News for SNAP Retailers: FNS Increases SNAP Benefits for Fiscal Year 2022 Read More »

OFW Law to co-host the 2021 Food Labeling Summit with the Food Institute next month

FDA, Agriculture & Agribusiness, Food Manufacturing, Processing, and Marketing, USDA /

Next month, The Food Institute kicks off its 3-day virtual training seminar on Food Labeling and Olsson Frank Weeda Terman Matz PC will be co-hosting the event. Each day has its own unique theme. On day one, attendees may expect to first learn the basics of the Food and Drug Administration’s (FDA) and the U.S.

OFW Law to co-host the 2021 Food Labeling Summit with the Food Institute next month Read More »

USDA-FSIS Announces Updated Guidance for Controlling Pathogens in Beef and Poultry Operations

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

The U.S. Department of Agriculture’s Food Safety and Inspection Service (FSIS) has recently updated several of its guidance documents addressing the control of pathogens in beef and poultry operations. These guidelines provide best practices for establishments on managing pathogens during pre-harvest, slaughter, chilling, storage, and processing. FSIS’ guidance is focused on assisting small and very

USDA-FSIS Announces Updated Guidance for Controlling Pathogens in Beef and Poultry Operations Read More »

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 /

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

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

USDA to Provide Overtime Fee Relief to Small and Very-Small Establishments

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

One of the major complaints of smaller meat and poultry establishments is the cost of USDA Food Safety and Inspection Service (FSIS) overtime and holiday inspection services. Meat and poultry establishments that are subject to mandatory inspection receive FSIS inspection services free of charge for each 8-hour shift the plant normally operates. Many plants only

USDA to Provide Overtime Fee Relief to Small and Very-Small Establishments Read More »

Oh, SNAP! FNS Finally Issues 2020 SNAP Retailer Summary

Food Manufacturing, Processing, and Marketing /

USDA’s Food and Nutrition Service (FNS) has oversight over the Supplemental Nutrition Assistance Program (SNAP). The agency’s responsibilities including the licensing of supermarkets, grocery stores, convenience stores, and other retail food stores as authorized SNAP vendors. FNS publishes annual data compilations regarding SNAP redemptions and enforcement proceedings in connection with the more than 250,000 retailers

Oh, SNAP! FNS Finally Issues 2020 SNAP Retailer Summary Read More »

chicken breasts being cut

CSPI petitions FSIS to implement enforceable Salmonella controls, supply chain requirements

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

John Dillard, a principal attorney in the USDA – FSIS Practice Group, authored the following article on a recent citizen’s petition to the USDA Food Safety and Inspection Service (FSIS). The article appears in The National Provisioner’s March issue. On Jan. 25, 2021, a coalition of food safety activist groups and individuals led by Center

CSPI petitions FSIS to implement enforceable Salmonella controls, supply chain requirements Read More »

Carbon Labeling: Who is Ahead of the Game?

Agriculture & Agribusiness, FDA, Food Manufacturing, Processing, and Marketing /

With climate change discussions being elevated on a local, regional, and global scale, many individuals are considering how their personal choices, including foods they consume, impact the environment. This has translated to a resurgence of interest in carbon labeling food products. Now that we understand the basics of carbon labeling and what it means for

Carbon Labeling: Who is Ahead of the Game? Read More »

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 /

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

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

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 /

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 /

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

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

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

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

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

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

woman smelling fruit at a local market

Ring in the New Year with the 2020 – 2025 Dietary Guidelines

Food Manufacturing, Processing, and Marketing /

Just in time to ring in the new year, the U.S. Department of Agriculture (USDA) and U.S. Department of Health and Human Services introduced the 2020 – 2025 Dietary Guidelines for Americans. The first Dietary Guidelines for Americans were published in 1980 and have been updated every 5 years, making this the 9th edition. The

Ring in the New Year with the 2020 – 2025 Dietary Guidelines Read More »

Regulatory Roundup: USDA Secretary, Vaccines for Meat and Poultry Line Workers, and NPIS’s Line Speed Proposal

Food Manufacturing, Processing, and Marketing, Government Relations /

There have been several recent events of note that will impact meat and poultry producers and processors. The recent election of President-elect Biden means there will be new leadership at the U.S. Department of Agriculture (USDA). President-elect Biden will also have the opportunity to appoint new leadership for the USDA Office of Food Safety. In

Regulatory Roundup: USDA Secretary, Vaccines for Meat and Poultry Line Workers, and NPIS’s Line Speed Proposal Read More »

Oh, SNAP! Federal Judge Holds 30 Day SNAP Retailer Judicial Review Deadline Is Not Jurisdictional

Food Manufacturing, Processing, and Marketing /

In a decision of importance to convenience stores, grocers, and other retailers, a California District Court judge held that the 30-day period for seeking judicial review of an adverse decision by USDA’s Food and Nutrition Service (FNS) in SNAP retailer licensing proceedings is not jurisdictional.  While the issue of whether Congress intended for limitations periods

Oh, SNAP! Federal Judge Holds 30 Day SNAP Retailer Judicial Review Deadline Is Not Jurisdictional Read More »

Oh, SNAP! FNS Issues Final Rule That Discriminates Against Minority Retailers

Food Manufacturing, Processing, and Marketing /

The United States Department of Agriculture (USDA) has been frequently referred to as “The Last Plantation,” based on what has been described as a “deeply ingrained culture of racism that manifested itself in both the way its programs were administered—and whom it hired, and didn’t, to administer those programs.”  Despite sincere efforts during recent years

Oh, SNAP! FNS Issues Final Rule That Discriminates Against Minority Retailers Read More »

2020 Food Labeling Seminar Hosted by OFW and The Food Institute

Food Manufacturing, Processing, and Marketing, Government Relations /

OFW and The Food Institute will be holding their annual Food Labeling Seminar on October 7, 8, and 9. The virtual training course will cover everything you need to know about food labeling in today’s marketplace. This seminar will review the basics of FDA’s and USDA’s food labeling requirements, including recent updates. It will review

2020 Food Labeling Seminar Hosted by OFW and The Food Institute Read More »

Food and Drug Administration building

FDA Guidance: Enforcement Discretion Under the Qualified Exemption Provisions of the Produce Safety Rule

Food Manufacturing, Processing, and Marketing /

The U.S. Food and Drug Administration (FDA) has published an announcement of the availability of a Guidance Document, Temporary Policy During the COVID-19 Public Health Emergency Regarding the Qualified Exemption from the Standards for the Growing, Harvesting, Packing, and Holding of Produce for Human Consumption (May 2020). Comments on the Guidance may be submitted to the

FDA Guidance: Enforcement Discretion Under the Qualified Exemption Provisions of the Produce Safety Rule Read More »

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