No, it is not time to face the Christmas shopping crowds, the kids have their back to school supplies, and we have made our fantasy football selections. So what is it I am supposed to be dreading? Oh yes, final days for government budgets, continuing resolutions, and possible government shutdowns. What does this mean, how …
On Monday, a group of trade associations representing the spectrum of America’s beef and pork production system issued an urgent plea to USDA Secretary Tom Vilsack and the Office of the U.S. Trade Representative Ambassador Froman. The coalition wants USDA’s Agricultural Marketing Service (AMS) to hold off on enforcing new country of origin labeling requirements until the …
Livestock & Meat Groups Want COOL Relief Pending WTO Review Read More »
Opponents of USDA’s new mandatory Country-of-Origin-Labeling (mCOOL) rule received a setback this morning. A federal judge denied the mCOOL opponents request for a preliminary injunction, which would have halted implementation of the new labeling rule pending ultimate resolution of whether the new mCOOL rule was lawful. Opponents of the mCOOL rule argued that the new mCOOL …
The United States has irked its neighbors with a meat labeling mandate that may have the effect of discriminating against Canadian and Mexican livestock. The Canadian and Mexican governments believe that USDA’s new mandatory Country-of-Origin-Labeling (mCOOL) Rule is a thinly-veiled technical trade barrier that will be devastating to their respective livestock sectors, which are dependent …
Canada, Mexico Think U.S. Labeling Requirements are un-COOL Read More »
Farm producer and USDA program customers increasingly are turning to USDA’s National Appeals Division (NAD) as the best option when they find themselves facing an adverse decision from a USDA agency. NAD offers a far quicker, more user-friendly, and more inexpensive way to get an objective “second opinion” compared with suing the agency in Federal …
USDA’s National Appeals Division: A Checklist for Farmers Read More »
Based on our experience reviewing a number of noncompliance records, we recommend that when USDA’s Food Safety and Inspection Service (FSIS) documents regulatory noncompliance at your facility, you review it with a “fine tooth comb.” To successfully review a noncompliance record (NR), you must first know your food safety programs and the governing regulations. You …
Reviewing Regulatory Noncompliance – It is Good For Your Business Read More »
On May 23, 2013, the United States Department of Agriculture’s (USDA) Agriculture Marketing Service (AMS) issued a final rule to amend the Country of Origin Labeling (COOL) regulations (which became effective March 16, 2009). The final rule provides consumers more detailed information for muscle cut commodities by requiring that labels specify the production steps of …
A little over a year ago, the Food Safety and Inspection Service (FSIS) issued a final rule requiring inspected meat and poultry establishments to notify their FSIS District Office within 24 hours of learning or determining that misbranded or adulterated meat or poultry product received by, or originating from the official establishment has entered commerce …
The U.S. Department of Health and Human Services (HHS) and the U.S. Department of Agriculture (USDA), announced today that the first meeting of the 2015 Dietary Guidelines Advisory Committee (DGAC) will be held on June 13, 2013 from 8:30 a.m. – 11:30 a.m. E.D.T. and June 14, 2013 from 8:30 a.m. – 3:45 p.m. E.D.T. …
The Development of the 2015 Dietary Guidelines for Americans Begins Read More »
Kudos to Secretary Vilsack and USDA for basing their regulatory decisions on sound science. Another recent example is the Proposed Rule published on May 3rd that would re-list carrageenan as appropriate for use in organic food products. The USDA decision is consistent with a recent decision by FDA affirming the safety of carrageenan for all food products. Moreover, …
In a unanimous decision, the U.S. Supreme Court held that a patent holder’s rights in biotech seeds extend to subsequent generations of crops grown by farmers. Widely viewed as a victory for biotech seed producers and American farmers, the Court’s decision in Bowman v. Monsanto Co. should provide seed trait developers with the confidence that …
In conjunction with the opening of the G-8 Open Data for Agriculture conference on April 29, USDA Secretary Vilsack announced the newest “Community” on the government’s data access point data.gov: the Food, Agriculture and Rural Community. Coincidentally, April 30 is the 20th anniversary of the release of the World Wide Web’s core standards for free …
Few Washington government programs escape un-cut in the new 2014 budget unveiled today by President Obama’s administration, and Federal crop insurance is no exception. 2012 saw Federal crop insurance emerge as the premier Federal backstop for American farm producers against natural disaster, paying over $16 billion in indemnities as farmers virtually nationwide faced historic drought …
New Obama Budget Includes Cuts for Federal Crop Insurance Read More »
If anyone doubted the huge role that the U.S. Department of Agriculture’s (USDA) Federal crop insurance program is playing this year in protecting rural America from economic disaster following last summer’s historic drought, a new study from two economists at the University of Nebraska-Lincoln should settle the issue. USDA Federal crop insurance has paid over …
2012 Federal Crop Insurance Saved 20,900 Local Jobs in Four States Read More »
The House of Representatives and Senate have now given final approval to the FY 2013 Agriculture, Rural Development, Food and Drug Administration, and Related Agencies Appropriations Bill (the Bill) as part of a combined multi-Department omnibus measure, clearing it for the President’s expected signature. The current Continuing Resolution expires on March 27, 2013. The Bill …
Congress Clears Final Agriculture/FDA Spending Measure for FY 2013 Read More »
While most people are filling out their brackets for March Madness®, producers of muscle cuts of meat are dealing with a different type of “March Madness.” On March 12, 2013, in response to a World Trade Organization (WTO) ruling that the current U.S. country of origin labeling (COOL) requirements for muscle cut meat discriminate against …
New AMS Proposed Rule for COOL Drives Meat Industry Mad Read More »
By Marshall L. Matz, as published in Agri-Pulse School nutrition is front and center these days. At the USDA Outlook Conference, Secretary Vilsack proudly pointed out the many improvements USDA has made to school nutrition programs as well as other nutrition programs. The National School Lunch Act (the Act), signed into law by President Truman in …
Don’t miss our very own Ken Ackerman at the 2013 USDA Agricultural Outlook Forum tomorrow, February 21, moderating the panel discussion on Managing Financial Risk in Agriculture. Appearing with Ken will be: Juan Garcia, Administrator, Farm Service Agency, USDA Joel Nelsen, President, California Citrus Mutual, Exeter, California Denny Everson, President of Agriculture, Branch Administrator, First Dakota …
On February 8, 2013, the Food and Nutrition Service (FNS) of the United States Department of Agriculture (USDA) issued a proposed rule entitled “Nutrition Standards for All Foods Sold in School as Required by the Healthy, Hunger-Free Kids Act of 2010” (the proposed rule). The proposed rule can be found here. Public comments are invited …
On February 8, 2013, the United States Department of Agriculture’s Food Safety and Inspection Service’s (FSIS) policy on “Test and Hold” will go into effect. This policy requires “official establishments and importers of record to maintain control of product tested for adulterants by FSIS and not allow such products to enter commerce until negative results …
USDA’s National Appeals Division Upholds Farm Service Agency’s “Finality Rule” By Kenneth D. Ackerman Recently, we at OFW Law had the chance to help two Connecticut farmers win rulings from USDA’s National Appeals Division forcing the Farm Service Agency (FSA) to respect their rights under the Finality Rule, an important protection for farmers who participate in USDA programs. Many farmers operate …
We are pleased to announce that Janie Hipp, Esq., formerly with the U.S. Department of Agriculture (“USDA”), will be joining OFW Law as Of Counsel. Hipp is a nationally recognized expert on Indian Law, with a focus on agriculture and energy policy, who served as Senior Advisor to Secretary of Agriculture Tom Vilsack. Please click the …
Former USDA Official Janie Hipp Joins OFW Law as Of Counsel Read More »
By Kenneth D. Ackerman The U.S. Department of Agriculture’s (USDA) National Appeals Division (NAD) is a great forum for farmers who have disputes with USDA agencies, and want to address them quickly and inexpensively. I often advise farmers that NAD is the best option to obtain a fair, neutral ruling on their situation from a hearing officer …
RMA Should Change the Rules on Its Ineligible List Read More »
Now that that the Christmas stockings, Hanukkah menorahs and Kwanzaa harvest symbols have been put away until year end, and resolutions for 2013 have been written (and hopefully not broken yet!), it’s time for a little reflection. What follows is my month-by-month list of noteworthy events of 2012 in the food, drug, medical device and …
As the U.S. Department of Agriculture’s Food Safety Inspection Service (FSIS) begins to conduct Food Safety Assessments (FSA) at beef slaughter establishments to verify controls for Pathogenic Shiga Toxin-Producing E. coli (STEC), establishments should ensure that they have systems in place that are effective for pathogenic STEC. Preventing contamination, effective use of interventions, and verification of the …
What Should an Establishment Consider in Controlling Pathogenic STECs? Read More »
It’s safe to say there is no love lost between the Humane Society of the United States (HSUS) and the National Pork Producers Council (NPPC). HSUS is the so-called animal rights organization devoted to ending modern animal agriculture. The NPPC is the voice of America’s hog farmers on policy and advocacy issues. Needless to say, …
By Brett T. Schwemer, as published in the October 2012 issue of The National Provisioner. This summer, the focus of the U.S. Department of Agriculture’s (USDA) Food Safety Inspection Service (FSIS) has clearly been on the control of Shiga-toxin producing E. coli and Salmonella in certain raw meat or poultry products. However, a recent FSIS Notice …
Updated FSIS Guideline Refocuses Attention on Listeria Control Read More »
We focus on legal, regulatory and advocacy issues in the agriculture, food, and medical products industries.
