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Government Relations

FTC Proposes Rulemaking to Limit Impersonation Scams

Miscellaneous, Government Relations / By

On December 23th, 2021, the Federal Trade Commission (FTC) issued an advance notice of proposed rulemaking (ANPR) targeting impersonation scams. Impersonation scams generally involve the scammer impersonating a trusted source to convince targets to send money or personal information. These scammers often pretend to be a part of government or well-known businesses.  To add legitimacy, …

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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 …

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

Federal Vaccine Mandates – Where Things Stand

Litigation, Government Relations, Health Care, Healthcare, Life Sciences, Public Policy / By

Updated on December 7, 2021 All federal vaccine mandates stayed pending Court action   On September 9, 2021, President Biden issued Executive Order 14042: Ensuring Adequate COVID Safety Protocols for Federal Contractors which mandated that employees of federal contractors be fully vaccinated for COVID-19, following recommendations of the Safer Federal Workforce Task Force. In early November 2021, …

Federal Vaccine Mandates – Where Things Stand Read More »

6th Circuit Selected in Lottery to Hear Lawsuits against OSHA ETS Vaccine and Testing Mandate

Agriculture & Agribusiness, CPSC, EPA, FDA, Government Relations, Health Care, Healthcare, Life Sciences, Public Policy, USDA, USDA FSIS / By

On November 16, 2021, the Judicial Panel on Multidistrict Litigation, through a lottery system, drew the 6th Circuit as the U.S. Court of Appeals that will hear the consolidated lawsuits against the Occupational Health and Safety Administration (OSHA) Emergency Temporary Standard (ETS) published in the Federal Register on November 5, 2021. The OSHA ETS, which …

6th Circuit Selected in Lottery to Hear Lawsuits against OSHA ETS Vaccine and Testing Mandate 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 / 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 »

Biden to Nominate Dr. Robert Califf as FDA Commissioner

FDA, Government Relations, Health Care, Healthcare / By

On Friday November 12, 2021, President Biden nominated former United States Food and Drug Administration (FDA) Commissioner Dr. Robert Califf, a cardiologist by training, to again be FDA Commissioner, replacing acting Commissioner Dr. Janet Woodcock. Califf, 70, was the FDA Commissioner for a year at the end of the Obama Administration. He garnered broad support …

Biden to Nominate Dr. Robert Califf as FDA Commissioner Read More »

UPDATE: Federal Contractor Vaccine Mandate

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

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.   …

UPDATE: Federal Contractor Vaccine Mandate Read More »

OSHA Releases ETS on Vaccine and Testing Mandate

FDA, Government Relations, Health Care, Healthcare / By

On November 4, 2021, the Occupational Safety and Health Administration’s (OSHA) released the prepublished version of its expected new emergency temporary standard (ETS). The OSHA ETS (interim final rule; request for comments) was published in the Federal Register on November 5, 2021. The OSHA ETS requires employers with 100 or more employees to mandate that all their …

OSHA Releases ETS on Vaccine and Testing Mandate 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 / 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 …

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

Bob Dole and George McGovern: A Nutrition Legacy that Continues

Agriculture & Agribusiness, Government Relations, Public Policy, USDA / By

For many years in the Senate, Senator Bob Dole (R-KS) teamed up with Senator George McGovern (D-SD) to create a legacy of bipartisan leadership on nutrition.  Working together in the 1970s, they completely reformed the Food Stamp Program (now SNAP); established the Food Distribution Program on Indian Reservations; with Senator Humphrey, created the Women’s Infants …

Bob Dole and George McGovern: A Nutrition Legacy that Continues Read More »

Samantha Powers

What to Know Ahead of Samantha Power’s Committee Vote Tomorrow

Government Relations / By

The Senate Foreign Relations Committee will finally be voting on the nomination of Former U.S. Ambassador to the United Nations, Samantha Power, for Administrator of the US Agency of International Development tomorrow. Power had her hearing on March 23 before the Senate Spring recess and her confirmation has been waiting to move forward. If confirmed, …

What to Know Ahead of Samantha Power’s Committee Vote Tomorrow Read More »

OFW Law Mourns the Loss of George Braley (1948-2021)

Government Relations / By

On Sunday, March 28, 2021, George Braley, passed away from congestive heart failure.   Braley spent his career working to feed the hungry. Braley worked for the U.S. Department of Agriculture as Deputy Administrator of the Food and Nutrition Service and later became the Senior Vice President at Feeding America for Government Relations and Public Policy. …

OFW Law Mourns the Loss of George Braley (1948-2021) Read More »

Health Groups Sue HHS in Response to Trump Administration’s “Sunset Rule”

Healthcare, Government Relations, Public Policy / By

On March 9, several health groups including the American Lung Association and the Center for Science in the Public Interest joined Santa Clara County, California and other advocacy groups in a lawsuit against the Department of Health and Human Services (HHS) over the Trump administration’s “sunset rule” in the U.S. District Court for the Northern …

Health Groups Sue HHS in Response to Trump Administration’s “Sunset Rule” Read More »

President Biden Revokes Trump Administration’s Executive Orders

Government Relations / By

On February 26, President Biden issued Executive Order (EO) 14018, which revoked a number of EOs and Declarations issued during the Trump Administration.  The orders revoked include: Executive Order 13772—Core Principles for Regulating the United States Financial System.  This EO outlined the Trump Administration’s financial regulatory principles and required the Department of Treasury to review …

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What’s Next for Neera Tanden?

Government Relations / By

On November 30th, President Joe Biden nominated Neera Tanden to lead the Office of Management and Budget (OMB), the largest office within the Executive Office of the President tasked with producing the President’s Budget Request, reviewing rules and regulations, and coordinating policy initiatives across multiple agencies.  Ms. Tanden currently leads the Center for American Progress …

What’s Next for Neera Tanden? Read More »

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 …

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

Food and Drug Administration building

FDA Funding in the Energy & Commerce Reconciliation Bill

FDA, Government Relations / By

House Energy & Commerce Committee Chairman Frank Pallone (D-NJ) announced that the committee will hold a markup on Thursday at 11:00 AM ET to consider legislative recommendations for its budget reconciliation instructions.  Section 3004 of the bill provides $500 million to the Food and Drug Administration to combat the COVID-19 pandemic by: Supporting the review …

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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 …

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 / 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 »

United States Department of Agriculture building

UPDATE: ATTACK ON FEDERAL EMPLOYEES HALTED

Government Relations / By

You may recall that back in October we told you about Executive Order 13957, “Creating Schedule F in the Excepted Service” which would have removed certain civil service protections for thousands of federal employees involved in decision and policy making roles.   Today, as part of multiple Executive Orders, President Biden eliminates Schedule F.  Read more about this …

UPDATE: ATTACK ON FEDERAL EMPLOYEES HALTED 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 / 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 …

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

USDA Jamie L Whitten Building

Acting Officers at the USDA

Government Relations / By

After Congress certified the 2020 election, the Trump administration asked all of its political appointees to submit resignation letters by Inauguration Day. That same day, Agriculture Secretary Perdue issued a memo designating the following individuals as acting officers in their respective positions:   Jason Hafemeister, Acting Deputy Under Secretary for Trade and Foreign Agricultural Affairs …

Acting Officers at the USDA Read More »

US Capitol Building in Washington DC

Who Might Chair Senate Committees With A Democratic Majority

Government Relations / By

It appears that Reverend Warnock (D) has unseated Senator Loeffler (R) in Georgia and John Ossoff (D) is currently leading Senator Perdue (R). While we await the final results in Georgia, we thought it would be of interest to look at who is likely to chair the various Senate Committees should Democrats take the Senate majority.   …

Who Might Chair Senate Committees With A Democratic Majority 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 / By

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 »

HHS’s Last Ditch Policy Moves – What is the End Game?

Healthcare, Government Relations / By

Earlier this month, the Department of Health and Human Services (HHS) published a proposed rule that would require sunset dates for its regulations, including regulations under its agencies like the Food and Drug Administration (FDA) and the Centers for Medicare and Medicaid Services (CMS). The proposed rule, “Securing Updated and Necessary Statutory Evaluations Timely,” flew …

HHS’s Last Ditch Policy Moves – What is the End Game? Read More »

Transition Update: “Ascertainment”

Government Relations / By

It’s official!!   At this writing, GSA Administrator Emily Murphy has now notified President-Elect Biden that she is making available to him the resources available under the Presidential Transition Act of 1963, including funding, office space, access to agency officials, and so on, so that the transition to a new administration can proceed in earnest.  In …

Transition Update: “Ascertainment” Read More »

Transition Update: Moving Forward

Government Relations / By

At this writing, the administrator of the General Services Administration still has not issued the “ascertainment” finding needed to trigger the resources available to incoming President-Elect Joe Biden and his team under the Presidential Transition Act of 1963.  As a result, formal Transition activities – initial contacts between Biden-Harris agency review teams and career staff, …

Transition Update: Moving Forward Read More »

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