Your product is ready. The packaging looks good. The marketing copy is compelling. Then someone on your legal team circles a phrase in red – and the launch slows to a crawl while everyone debates what you can actually say on the label. I’ve seen this scenario repeat itself across food and beverage companies that
Food Label Claims 101: FDA, FTC, and USDA Rules Brand Marketers Can’t Ignore Read More »
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 significant developments from October. If you have any questions or would like more information, please do not hesitate to
October Food and Agriculture Regulatory Recap Read More »
Your inspectors left the floor this morning. Production stopped when they did, because you can’t produce meat or poultry for commerce without an inspector on site. The cost starts immediately and keeps running while you decide what to do. I’ve worked FSIS enforcement matters for meat and poultry establishments for years. The same failure, at
How to Restore Operations After an FSIS Suspension of Inspection Read More »
Animal health policy gets harder to manage when a company treats USDA as one regulator with one set of tools. I would not advise a client to do that. APHIS and FSIS share a cabinet department; after that, the similarities fade quickly. For livestock, poultry, and veterinary product companies, that split often decides whether a
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 significant developments from August. If you have any questions or would like more information, please do not hesitate to
August Food and Agriculture Regulatory Recap Read More »
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
Federal Court Upholds Oregon Packaging EPR Program Read More »
On July 6, 2026, the U.S. Department of Health and Human Services (HHS) and USDA released their 2026 Unified Agendas of Regulatory and Deregulatory Actions, which provides summaries of regulatory actions in various HHS and USDA agencies. The Unified Agendas are traditionally published twice a year, around the fall and spring, and contain the regulatory
July Food and Agriculture Regulatory Recap Read More »
On June 26, 2026, USDA-FSIS shared that it is inviting poultry establishments to participate in, “Pilot Projects: Salmonella Control Strategies,” to test new or improved strategies for controlling Salmonella contamination in poultry. This program is part of the broader USDA effort, launched in October 2021, to reduce Salmonella illnesses, including evaluating new or existing pathogen
June Food and Agriculture Regulatory Recap Read More »
On May 21, 2026, USDS-FSIS published in the Federal Register its Final Rule, “Visual Post-Mortem Inspection in Swine Slaughter Establishments.” In this Final Rule, FSIS is amending its regulations to end mandatory mandibular lymph nodes incision and viscera palpation of swine carcasses. This applies to ALL swine slaughter establishments—including establishments operating under traditional slaughter inspection
May Food and Agriculture Regulatory Recap Read More »
The April 10, 2026, update announced that the U.S. Customs and Border Protection (CBP) had launched the first phase of the Consolidated Administration and Processing of Entries (CAPE), a new system being developed to manage the large volume of entry transactions and tariff refunds resulting from litigation over IEEPA‑based tariffs. CAPE is intended to centralize
April Food and Agriculture Regulatory Recap Read More »
Your legal team sends an urgent alert – FDA just published a proposed rule that could fundamentally change your labeling requirements, compliance costs, or market access. The comment period closes in 60 days. You know you need to respond, but where do you start? What makes a comment actually influential rather than just another submission
How to Prepare for FDA and USDA Rulemaking and Public Comment Read More »
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
Government Compliance and Risk Management in Food & Agriculture Read More »
The U.S. Department of Agriculture (USDA) announced on March 31, 2026, that, as part of its greater reorganization plan, it will move the Forest Service’s headquarters from Washington, D.C. to Salt Lake City, Utah. This relocation marks one of the most significant structural changes in the Agency’s almost 120-year history. USDA Secretary Brooke Rollins said
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 significant developments from March. If you have any questions or would like more information, please do not hesitate to
March Food and Agriculture Regulatory Recap Read More »
The U.S. Department of Agriculture (USDA) has officially begun what it calls a “right-sizing” of its operations, starting with two major moves in the National Capitol Region (NCR): the disposal of the USDA South Building in Washington, D.C., and the local relocation of the Food and Nutrition Service (FNS). While they have shared these immediate
On February 25, 2026, USDA’s Secretary of Agriculture Brook Rollins, Deputy Secretary Stephen Vaden, Senator Joni Ernst (R-Iowa), and General Services Administration (GSA) Administrator Edward Forst announced forthcoming steps towards USDA’s reorganization efforts: (1) the disposal of the USDA South Building in Washington, D.C. and the local relocation of USDA’s Food and Nutrition Service (FNS).
February Food and Agriculture Regulatory Recap Read More »
Your quality manager just called. FSIS found Listeria monocytogenes in environmental samples from your ready-to-eat production area. The inspector is asking about your production records for the past 90 days. And now you’re facing the possibility that FSIS will request a voluntary recall – which isn’t actually voluntary at all. I’ve guided meat and poultry
Your FSIS inspector just documented another noncompliance record. Your corrective actions keep getting rejected. And now you’re trying to explain to your operations team why production is on hold – again – because of compliance issues you thought were already resolved. I’ve watched meat and poultry establishments struggle with this exact pattern. They understand food
Food manufacturers launching products with meat, poultry, or egg ingredients face a critical regulatory question – does FDA or USDA have jurisdiction over your product? Getting this determination wrong costs companies months of production delays, facility redesigns, and sometimes forces complete product reformulation. I know this because understanding FDA vs USDA jurisdiction requires analyzing ingredient
FDA vs USDA Jurisdiction: Who Regulates What Read More »
Food manufacturers facing USDA enforcement actions often discover their compliance programs failed when it matters most. Notice of Intended Enforcement letters typically arrive with 3 day response windows – barely enough time to understand allegations, much less mount an effective defense. I know this because defending against USDA enforcement actions requires understanding both agency procedures
Defending Against USDA Enforcement Actions: A Legal Strategy Guide Read More »
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 »
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 »
On January 14, 2026, USDA’s Food Safety and Inspection Service (“FSIS” or the “agency”) hosted a public meeting on “Exploring Practical Strategies to Reduce Salmonella in Poultry Products” (both remote and in-person) (“Public Meeting”). The Public Meeting initiated a new discussion around practical strategies to reduce Salmonella illnesses linked to poultry products, including the use
January Food and Agriculture Regulatory Recap Read More »
School Lunches and Additional Nutrition Assistance Programs Food Additives and Generally Recognized as Safe (GRAS) Substances Although not noted in the DGA recommendations, Appendix 1 includes a list of food and food packaging chemicals where researchers call for more research due to potential safety concerns. Nutrition Labeling (Nutrition Facts Panel, Front-of-Package labeling), and Nutrient Content
Analyzing the 2025–2030 Dietary Guidelines and MAHA Policy Impacts Read More »
Recently announced, the Department of Justice’s (DOJ’s) new Health and Safety Unit (HSU) in the Criminal Division will investigate and prosecute federal crimes involving threats to public health and consumer safety, with a particular focus on the integrity of the food, drug, and product supply chain. In relevant part, HSU has been charged with criminal enforcement of
December Food and Agriculture Regulatory Recap Read More »
Your product launches are delayed. Your labeling team just received contradictory guidance from two different federal agencies. And now you’re facing questions from your legal department about which food labeling laws actually apply to your products. I’ve guided food manufacturers through this exact compliance maze for years – and the confusion isn’t your fault. FDA
Food Labeling Laws: FDA vs USDA Requirements and Enforcement Risks Read More »
The 43-day federal government shutdown ended on November 12, 2025. During the shutdown, FDA and USDA continued to provide mandatory food supply chain support. However, the shutdown did impact a myriad of USDA and FDA functions, such as expert consulting (i.e., many federal experts were furloughed). It also resulted in delays in the response to
November Food and Agriculture Regulatory Recap Read More »
Despite the Senate’s passage of a continuing resolution to fund the federal government through January 30, 2026, and the House’s likely passage of a similar bill later this week, the Trump Administration is continuing the legal fight over November’s SNAP benefits. To recap recent events: Last Thursday afternoon, the Rhode Island federal judge issued a
Oh, SNAP! USDA Is Continuing to Fight Against Payment of Full November SNAP Benefits Read More »
FDA and USDA are in the early stages of considering a Federal definition of Ultra-Processed Foods (UPF). On October 23, 2025, the comment period closed for the USDA and FDA Request for Information (RFI) regarding UPFs. Additionally, on October 8, 2025, CA AB 1264, also known as the Real Food Healthy Kids Act, passed and establishes the
October Food and Agriculture Regulatory Recap Read More »
Your facility has invested millions in equipment, processes, and personnel to meet the highest food safety standards. Yet falling short on USDA inspection can trigger enforcement actions that shut down operations and destroy years of business development. I know this because inadequate USDA inspection readiness costs food establishments their FSIS grant of inspection, market access,
USDA Inspection Readiness Checklist for Meat, Poultry & Egg Product Establishments Read More »
Your operation has been watching USDA’s beef industry plan since Secretary Rollins announced it in October 2025. But the plan wasn’t static — 2026 brought significant regulatory developments that directly affect ranchers, meat processors, and every company placing a “Product of USA” claim on FSIS-regulated products. The USDA beef industry plan is now in an
USDA’s Plan to Fortify the American Beef Industry: What’s Changed in 2026 Read More »
On September 9, 2025, the Make America Healthy Again (MAHA) Commission released its Make Our Children Healthy Again Strategy, Recommendations of the MAHA Commission to President Donald J. Trump, available here. The Strategy released today appears to be nearly identical to an August draft of the Strategy that was leaked and widely reported on. On
September Food and Agriculture Regulatory Recap Read More »
John Dillard, OFW Law’s USDA and FSIS lead, works with meat, poultry, and egg products establishments when inspection problems can threaten production. For those plants, USDA compliance lives on the production floor. FSIS inspectors verify it while the line is running, often every shift. FSIS finds problems during production through the inspection staff assigned to
USDA and FSIS Compliance: What Meat, Poultry, and Food Manufacturers Need to Know Read More »
If your business produces meat, poultry, or egg products for commercial sale, federal law requires you to obtain a grant of inspection from USDA’s Food Safety and Inspection Service (FSIS) before you can legally operate. In September 2025, FSIS published new guidance — FSIS-GD-2025-0005 — to help applicants work through the application process. That guidance
How to Apply for USDA FSIS Inspection and Obtain a Grant of Inspection Read More »
Your meat or poultry processing facility produces premium products with exceptional quality control and safety standards. Yet one USDA labeling violation can trigger product recalls, establishment shutdowns, and regulatory sanctions that destroy years of brand development and market positioning. With FSIS ramping up enforcement actions heading into 2026, even minor labeling errors now carry greater
USDA Labeling Requirements in 2026: Complete Guide for Meat, Poultry & Egg Products Read More »
