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Are You Prepared for An FSIS Compliance Visit?

USDA /

Last month, the Food Safety and Inspection Service (FSIS) reissued seven Directives relating to FSIS surveillance, investigation and enforcement activities.  The Directives are available here. Together, these Directives provide a comprehensive set of instructions to FSIS investigators and other personnel for conducting surveillance activities and investigations to determine a regulated entity’s compliance with the Inspection […]

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Senate Ag Appropriations Subcommittee Reports FY 2015 Bill Without Amendments–Discretionary Spending Allocation Lower than Amount Provided to House

FDA, Public Policy, USDA /

The Senate Agriculture, Rural Development, Food and Drug Administration and Related Agencies Appropriations Subcommittee also voted today by voice vote to approve its draft FY 2015 bill and report it to the full Senate Appropriations Committee.  The full Committee is scheduled to consider this bill on Thursday, May 22.  Neither the bill text nor the

Senate Ag Appropriations Subcommittee Reports FY 2015 Bill Without Amendments–Discretionary Spending Allocation Lower than Amount Provided to House Read More »

USDA Offers Guidance on “Made with Organic ___” Label Claims

USDA /

The National Organic Program (NOP) of the U.S. Department of Agriculture’s Agricultural Marketing Service (AMS) has issued a final guidance document on “made with organic ___” labeling.  The guidance became effective on May 2, 2014. The guidance document explains that the claim “made with organic ___” may be made if the following conditions are met:

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Fishy Fishy – MOU between FSIS and FDA to Improve Interagency Cooperation

FDA, Public Policy, USDA /

There have been on-going questions regarding the regulatory oversight of catfish inspection.  To address this concern, the 2014 Farm Bill required the Food Safety and Inspection Service (FSIS) and the Food and Drug Administration (FDA) to create a Memorandum of Understanding (MOU) to “improve interagency cooperation on food safety and fraud prevention and to maximize

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House Agriculture Appropriations Subcommittee Reports FY 2015 Bill Without Any Amendments

1 Comment / FDA, Public Policy, USDA /

The House Agriculture, Rural Development, Food and Drug Administration and Related Agencies Appropriations Subcommittee today voted  by voice vote to approve its draft FY 2015 bill and report it to the full House Appropriations Committee.  The full Committee is expected to consider this bill on Thursday, May 29, with the goal of having the bill

House Agriculture Appropriations Subcommittee Reports FY 2015 Bill Without Any Amendments Read More »

For Drought-Hit Farmers, USDA’s Federal Crop Insurance Can Help, But Only If You Understand the Rules

Public Policy, USDA /

The severe drought that had plagued the American Southwest over the past three years – the worst in modern memory – has taken a toll on many local businesses, taxpayers, and homeowners, but among its worst casualties have been American farm producers. USDA’s Federal crop insurance program, run by the Federal Crop Insurance Corporation (FCIC),

For Drought-Hit Farmers, USDA’s Federal Crop Insurance Can Help, But Only If You Understand the Rules Read More »

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Getting to the Roots of Listeria – A Practice Tip from Ms. Gloom

USDA /

Dr. Doom discussed “getting to the roots” of issues to ensure the cause is eliminated in her recent article.  This is the same approach that facilities need to use each and every time they have a positive finding of Listeria monocytogenes (Lm), or  Listeria species (L. spp.), or Listeria-like organisms in their environment, on their

Getting to the Roots of Listeria – A Practice Tip from Ms. Gloom Read More »

Get to the Roots, Don’t Just Pluck the Weeds — A Practice Tip from Dr. Gloom

1 Comment / USDA /

I am often asked to review responses to regulatory noncompliance or establishment corrective actions.  Many times facilities are wondering why they have repeated occurrences of the “same problem,” or why the regulatory agency is repeatedly documenting the same findings. When asked whether the facility has conducted a “root cause analysis,” I am always amazed at

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Food Stamp Vendors Face Increased Eligibility Requirements and Oversight Following Implementation of Farm Bill’s SNAP Provisions

Public Policy, USDA /

The 2014 Farm Bill contains several important provisions which will impact retail stores that participate in the USDA Food and Nutrition Service’s (FNS) Supplemental Nutrition Assistance Program (SNAP).  The key changes for food stamp vendors include an increase in the minimum number of staple food items that stores must carry on a continuous basis, that

Food Stamp Vendors Face Increased Eligibility Requirements and Oversight Following Implementation of Farm Bill’s SNAP Provisions Read More »

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Steps to Prevent Allergen Recalls, Part Two – Another Practice Tip from Ms. Gloom

USDA /

In Part One, we discussed using transparencies on the receiving dock as an easy way for personnel to quickly ascertain whether or not the incoming ingredient (at least its ingredient statement) was the same as your specification.  See our earlier blog posting.  In this post, we want to discuss some of the steps a facility

Steps to Prevent Allergen Recalls, Part Two – Another Practice Tip from Ms. Gloom Read More »

How to Decide When to Challenge GIPSA Enforcement Actions Under the Packers and Stockyards Act

USDA /

Each year, the USDA’s Grain Inspection, Packers and Stockyards Administration (GIPSA) initiates over one-hundred enforcement actions against packers, dealers, market agencies, live poultry dealers and other regulated entities for alleged violations of the Packers and Stockyards (P&S) Act.  These actions are taken for alleged unfair and deceptive trade practices, or anticompetitive behavior, such as collusion

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Federal Crop Insurance Sets Prices for Corn, Wheat, Cotton, and Soybeans

USDA /

This week, USDA’s Federal Crop Insurance Corporation (FCIC) announced its projected prices for all FCIC crop insurance policies with March 15 sales deadlines for the 2014 crop year, including: Corn: $4.62 per bushel; Cotton: $0.78 per pound; Soybeans: $11.36 per bushel; and Wheat: $6.51 Projected prices were also announced for barley, canola, grain sorghum, popcorn,

Federal Crop Insurance Sets Prices for Corn, Wheat, Cotton, and Soybeans Read More »

GE To The Rescue

Public Policy, USDA /

It’s not new news to report that genetically engineered (GE) products are under assault. We are in free trade talks with Europe. The EU public is adamantly opposed to GE food. There are bills in 23 of our state legislatures to label foods that contain GE products. The naysayers have a loud voice. However, you

GE To The Rescue Read More »

The 2014 Farm Bill: The Challenge for Farm Producers

Public Policy, USDA /

The 2014 Farm Bill creates a new environment for American agriculture far more friendly to producers who are experienced and comfortable using USDA’s Federal crop insurance program under the Federal Crop Insurance Corporation (FCIC).  Not only did Congress repeal many of the older crop programs administered by USDA’s Farm Service Agency, including Direct Payments, Countercyclical

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After FL Convenience Store Loses Food Stamp Vendor Authorization, USDA’s Food and Nutrition Service Reverses Course in a SNAP

OFW Law News, USDA /

The wheels of justice frequently turn with glacial speed in federal court litigation, especially in cases brought against the United States government.  A recent Middle District of Florida lawsuit brought by OFW Law on behalf of a central Florida convenience store in a SNAP vendor case is a notable exception.  This federal action addressed the

After FL Convenience Store Loses Food Stamp Vendor Authorization, USDA’s Food and Nutrition Service Reverses Course in a SNAP Read More »

Practical Tips From “Dr. Doom and Ms. Gloom”

FDA, OFW Law News, USDA /

Meet “Dr. Doom” and “Ms. Gloom” “Dr. Doom” Mixed in with the attorneys at OFW Law is the former USDA Food Safety Inspection Service’s (FSIS) Administrator, Dr. Barbara Masters.  Dr. Masters is a veterinarian who spent eighteen years with FSIS – the final three years as Acting Administrator and Administrator.  During her rise to the

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Interpreting FSIS Directives, Notices and Regulatory Documents (Who’s on First…)

USDA /

When FSIS issues a regulation, they are required to do so by issuing a proposal in the Federal Register and seeking public input.  The regulations are, in effect, the laws that govern the way an establishment can operate.  The regulations for the meat and poultry industry are contained in Title 9 of the Code of

Interpreting FSIS Directives, Notices and Regulatory Documents (Who’s on First…) Read More »

Former Minority Counsel to House Ag Committee, Nathan Fretz, Joins OFW Law

1 Comment / OFW Law News, Public Policy, USDA /

We are pleased to announce that Nathaniel “Nathan” Fretz, Esq., formerly with the House Agriculture Committee staff, will be joining OFW in the practice of law.  Fretz, who will join our Government Relations Practice, also served in the U.S. Department of Agriculture’s Food Safety and Inspection Service. Please click the announcement, below, to enlarge it.

Former Minority Counsel to House Ag Committee, Nathan Fretz, Joins OFW Law Read More »

RMA “Self Certification”: Can Federal Crop Insurance AIPs Rely on It In Defending Against Farmer Claims?

OFW Law News, USDA /

Federal crop insurance provided by USDA’s Federal Crop Insurance Corporation (FCIC) and participating private companies (Approved Insurance Providers or AIPs) is often described as a program based on “self-certification.”  Farmers annually report their own acreage, ownership, yield histories, and other key information, mostly on an honor system.  FCIC and AIPs require support documents, and can

RMA “Self Certification”: Can Federal Crop Insurance AIPs Rely on It In Defending Against Farmer Claims? Read More »

OFW Law Wins Arbitration Decision Against Major Crop Insurance Company – Federal Agency Not Always Entitled to Deference in Interpretation of Its Rules

OFW Law News, USDA /

OFW Law recently prevailed in Arbitration on behalf of a farm producer against a major insurance provider under USDA’s Federal crop insurance program.  The case hinged on whether a foreign individual with an ownership interest several layers removed from the insured held a “substantial beneficial interest” (“SBI”) as defined in USDA Risk Management Agency (RMA)

OFW Law Wins Arbitration Decision Against Major Crop Insurance Company – Federal Agency Not Always Entitled to Deference in Interpretation of Its Rules Read More »

FNS Permanently Eliminates Grain and Protein Maximums; Allows Sugar to Process Frozen Fruit in School Nutrition Programs

USDA /

According to an advance copy of the rule made public earlier today, USDA’s Food and Nutrition Service will be making permanent the elimination of weekly maximums on grains and meat/meat alternates, and the allowance of processing frozen fruit with sugar, within the National School Lunch Program.  The rule will be published in the Federal Register on Friday, January

FNS Permanently Eliminates Grain and Protein Maximums; Allows Sugar to Process Frozen Fruit in School Nutrition Programs Read More »

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