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April Food and Agriculture Regulatory Recap

FDA, USDA /

On April 29, 2025, USDA’s Agricultural Marketing Service (AMS) announced via a notice the 2025/2026 rates (regular, overtime, holiday, and laboratory services) it will charge for voluntary grading, inspection, certification, auditing, and laboratory services for a variety of agricultural commodities including meat, poultry, fruits, vegetables, eggs, dairy products, rice, and cotton and tobacco. The 2025/2026 […]

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

FDA, Agriculture & Agribusiness, Customs and Trade, Food Distribution & International Trade, For Export, Government Relations, Health Care, Healthcare, USDA, USTR /

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 help

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September Food and Agriculture Regulatory Recap

FDA, USDA /

On September 10, 2024, USDA’s Food Safety and Inspection Service (FSIS) announced the availability of an updated version of “FSIS Guideline on Substantiating Animal-Raising or Environmental-Related Claims.” The guideline is final and provides establishments with information on how to use and substantiate animal-raising claims(ex. “Raised Without Antibiotics,” “Grass Fed,” “Free-Range,” “Raised Without the Use of

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August Food and Agriculture Regulatory Recap

FDA, USDA /

On August 23, 2024, FSIS reminded stakeholders that starting September 1, 2024, FSIS will begin the allergen verification sampling (additional information in FSIS Directive 7000.6). In response to questions, FSIS is posting questions and answers for a few commonly asked questions.  On August 13, 2024, USDA’s Food Safety and Inspection Service (FSIS) issued FSIS Notice

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July Food and Agriculture Regulatory Recap

USDA, FDA /

FSIS Directive 7000.6: “Allergen Verification Sampling Program,” provides instructions to IPP to collect samples for the allergen verification sampling program conducted at establishments that RTE products with labeling claims for 14 food allergens and gluten. On July 29, 2024, the USDA’s Food Safety and Inspection Service (FSIS) released an advance copy of its proposed rule

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

FDA, USDA /

Agencies may rely less on general authorities in rulemaking and more on clear and specific instructions from Congress as to the matter to be regulated.  Agencies may slow or abandon rulemaking, with heightened scrutiny to lessen the risk of legal challenges when they do issue rules.  A surge in litigation is likely as regulated entities

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June Food and Agriculture Regulatory Recap

USDA, EPA, FDA /

 On June 25, 2024, USDA’s Food Safety and Inspection Service (FSIS) announced the availability of its updated “FSIS Guideline for Residue Prevention” to prevent violative residues in meat and poultry slaughter establishments. Simultaneously, FSIS also released FSIS Notice 21-24, “Availability of Updated Guideline for Residue Prevention” to provide instructions to inspection program personnel. Other On

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

USDA /

Inadequate disclosure from integrators regarding Additional Capital Investments: The Proposed Rule would require integrators to provide certain information to broiler growers when the integrator requests or requires the grower to make additional capital investments. The Proposed Rule, if finalized, would revise the Packers and Stockyards Act, 1921 (P&S Act or the Act) by amending 9

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May Food and Agriculture Regulatory Recap

USDA, FDA /

On May 23, 2024, USDA-FSIS published the revised “FSIS Guideline to Assist with Donation of Eligible Meat, Poultry & Egg Products to Non-profit Organizations.” The Guideline is final and provides information to meat, poultry, and egg products establishments interested in donating products to non-profit organizations in compliance with the Federal Meat Inspection Act (FMIA), the

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April Food and Agriculture Regulatory Recap

FDA, USDA /

On April 26, 2024, USDA-FSIS announced its final determination to declare Salmonella an adulterant in raw breaded stuffed chicken products when they exceed a specific threshold (1 colony forming unit (CFU) per gram or higher) for Salmonella contamination.  On April 10, 2024, USDA’s Agriculture Marketing Service (AMS) released a notice and request for information, “National

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

SNAP, USDA /

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

FDA, Food Manufacturing, Processing, and Marketing, Government Relations, USDA /

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

USDA /

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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January Food and Agriculture Regulatory Recap

FDA, USDA /

On January 16, 2024, USDA’s Food Safety and Inspection Service (FSIS) published a Directive entitled, “Ongoing Verification of Product Formulation and Labeling Targeting the Nine Most Common A (”Big 9”) Allergens. This Directive provides instructions on performing the “Big 9” Formulation Verification Task. The Directive has been updated to include sesame as a major allergen,

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December Food and Agriculture Regulatory Recap

FDA, USDA /

Cosmetics – On December 20, 2023, FDA’s Office of the Chief Scientist (OCS) introduced new proposed guidance documents under development. Over the years, OCS has issued a number of guidance on cosmetics. Registration and Listing of Cosmetic Product Facilities and Products; Insanitary Conditions in the Preparation, Packing, and Holding of Tattoo Inks and the Risk

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

FDA, USDA /

Securities reporting issuer; Governmental authority; Bank; Credit union; Depository institution holding company; Money services business; Broker or dealer in securities; Securities exchange or clearing agency; Investment company or investment adviser; Venture capital fund adviser; Insurance company; Commodity Exchange Act-registered entity; Accounting firm; Public utility; Financial market utility; Pooled investment vehicle; Tax-exempt entity; Entity assisting a

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November Food and Agriculture Regulatory Recap

Agriculture & Agribusiness, FDA, USDA /

FSIS currently has two other rulemakings under review at OMB. Both are slated to be finalized in early 2024: Salmonella in Not-Ready-to-Eat Breaded Stuffed Chicken Products Voluntary Labeling of FSIS-Regulated Products with U.S.-Origin Claims Other   This month, USDA’s Food Safety and Inspection Service (FSIS) noted that a proposed rule addressing Salmonella in poultry is

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October Food and Agriculture Regulatory Recap

Cannabis, FDA, USDA /

On October 25, 2023, USDA’s Agriculture Marketing Service (AMS) Secretary Vilsack previewed the Organic Livestock and Poultry Standards (OLPS) Final Rule.  The Final Rule will amend the National Organic Program (NOP) regulations by adding new provisions for livestock handling and transport for slaughter and avian living conditions. The Final Rule will also expand existing requirements

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

Agriculture & Agribusiness, USDA /

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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How will FDA and USDA operate during a Government Shutdown?

FDA, USDA /

Appropriated Activities – Functions expected to ensure that the U.S. commercial supply of meat, poultry, and processed eggs is maintained safely. For example, daily on-site inspection presence, regulatory enforcement, food safety surveillance, investigations, and product testing.  Reimbursable Work for Industry (i.e., Non-Federal Partners) – Reimbursable work, not funded by appropriations, as authorized under the Agricultural

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August Food and Agriculture Regulatory Recap

FDA, USDA /

On August 30, 2023, The National Advisory Committee on Microbiological Criteria for Foods (NACMCF) – an advisory committee originally established in 1988 by USDA – hosted a subcommittee Plenary Public Meeting. The 2021-2023 current NACMCF subcommittee work can be found here.  During the meeting, NACMCF focused on two FDA subcommittee charges: Cyclospora cayetanensis in Produce

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July Food and Agriculture Regulatory Recap

Cannabis, FDA, USDA, USDA FSIS /

On July 5, 2023, FDA and the Federal Trade Commission (FTC) jointly sent six (6) cease and desist letters to companies marketing and selling edible products containing Delta-8 tetrahydrocannabinol (THC) in packaging similar to snacks and candy ordinarily eaten by children On July 27, 2023, the House Oversight and Accountability Subcommittee on Health Care and

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NALC Announcement of John Dillard's Meat and Poultry Labeling Webinar

Dillard to Provide Webinar on USDA Meat and Poultry Labeling Requirements

Agriculture & Agribusiness, USDA FSIS /

OFW Law’s USDA Practice Head, John Dillard, will be providing a free webinar on USDA Food Safety Inspection Service (FSIS) regulatory requirements for labeling meat and poultry products on July 12th (Wednesday) at Noon Eastern. The webinar is hosted by the National Agricultural Law Center and is open to the public — CLICK HERE TO REGISTER. John’s

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Hemp Now Included in Agricultural Technical Advisory Committee (ATAC)

Agriculture & Agribusiness, Cannabis, Government Relations, USDA, USTR /

The United States Department of Agriculture (USDA) will include ‘Hemp’ in the title of one of the six Agricultural Technical Advisory Committees (ATACs) – noting a significant evolution in both agriculture and cannabis policy. Specifically, ‘Hemp’ has now earned a place within the ATAC titled ‘Tobacco, Cotton, Peanuts, and Hemp.’ The ATACs were established under

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