USDA

USDA-FSIS Publishes Guidance on Applying for Federal Inspection

Suppose you are interested in producing meat, poultry, and/or egg products for commercial sale. In that case, chances are you will be required to apply for and receive a Grant of Inspection from the USDA’s Food Safety and Inspection Service (FSIS). To help you navigate this process, FSIS has released a new guidance document, Applying

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DOJ RFI Seeks Input on State Laws Affecting the National Economy; Opportunity to Address State Patchwork Impacting the Food Industry

On August 15, 2025, the U.S. Department of Justice (DOJ), a Request for Information on State Laws Having Significant Adverse Effects on the National Economy or Significant Adverse Effects on Interstate Commerce (RFI). The RFI requests public input on state laws, regulations, and practices that significantly and negatively affect the national economy or interstate commerce. The feedback

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Food, Ag, & Trade Outlook in the Incoming Trump Administration

The food, agriculture, and trade sectors are aware the Trump Administration could bring myriad policy changes that could have a significant impact on business.    OFW Law provides an initial outlook at the new administration’s approach to food, agriculture, and trade, which will be influenced by individual cabinet and other executive branch appointments who will

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Loper Bright + Corner Post = Supreme Court Opinions and Their Impact on FDA- and USDA-Regulated Industries 

The U.S. Supreme Court recently issued two important opinions for any entity regulated by a federal agency, such as FDA and USDA.  1. Loper Bright Enterprises v. Raimondo, slip op. 22-451, (June 28, 2024) (Loper Bright): For 40 years, Chevron USA, Inc. v. Natural Resources Defense Council, Inc., 467 U.S. 837 (1984) required courts to defer

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USDA-AMS Announces Proposed Revision to the Packers and Stockyards Regulations

On June 3, 2024, the U.S. Department of Agriculture’s (USDA) Agricultural Marketing Service (AMS) announced a pre-published version of the proposed rule, “Poultry Grower Payment System and Capital Improvement Systems.” The Proposed Rule is part of the agency’s broader effort to increase transparency and address potential deception and unfairness in contracting arrangements. The Proposed Rule

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Oh, SNAP! Might Congress Finally Level the SNAP Retailer Playing Field?

Few Americans are aware that a federal agency, USDA’s Food and Nutrition Service (FNS), makes decisions that often result in the permanent disqualification of grocers, supermarkets, and convenience stores from SNAP, formerly know as the federal food stamp program, based on information and records never provided to stores or their attorneys.  It is mind-boggling for

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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

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

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Shipping Grains for Sale in Foreign Commerce: What Exporters Need to Know

While many requirements pertaining to exported goods are imposed by the importing country, in the case of exporting grains, the U.S. Department of Agriculture (USDA) Agricultural Marketing Service’s (AMS) Federal Grain Inspection Service (FGIS) maintains requirements of its own. Specifically, certain exporters of qualifying grains must register with FGIS prior to shipping grains overseas. Entities

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Association Events Targeted for Scams

Since the beginning of 2024, our Trade Association professionals have seen an increase in scammers targeting persons who may be attending or have registered to attend trade association events such as meetings, shows, and conferences. These scammers email potential attendees and offer to sell, for a hefty cost, the attendee list and their contact information.

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Small Businesses Face Reporting Obligations Under The U.S. Corporate Transparency Act

Beginning January 1, 2024, the U.S. Corporate Transparency Act (CTA) will expect a wide range of small companies to begin filing reports identifying “beneficial owners.” These “Beneficial Ownership Information” reports (BOI Reports) include name, birthday, address, and a unique identifying number and issuing jurisdiction from an acceptable identification document. All companies with fewer than 20

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November Food and Agriculture Regulatory Recap

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 November that should be highlighted. If you have any questions or would like more information, please do

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Arkansas Becomes the First State to Enforce Foreign-Ownership Land Restrictions

On October 17, 2023, Arkansas became the first state to enforce a state law banning certain foreign entities from owning agricultural land (doing so under Act 636, which blocks “prohibited foreign-party-controlled business” from owning public or private land directly or through affiliation). Arkansas Attorney General, Tim Griffin ordered Syngenta Seeds LLC. to sell 160 acres

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