On May 11, 2023, the U.S. Supreme Court published its opinion in National Pork Producers Council v. Ross. In a 5-4 decision, the justices agreed to uphold provisions of California’s ballot initiative, Proposition 12, that require whole, uncooked cuts of pork sold at retail in California to be produced in accordance with California’s farm animal
May Food and Agriculture Regulatory Recap Read More »
On April 25, 2023, the USDA’s Food Safety and Inspection Service (FSIS) released the anticipated “Salmonella in Not-Ready-To-Eat (NRTE) Breaded Stuffed Chicken Products; Proposed Determination and Request for Comments” (the Proposed Determination), todeclare Salmonella an adulterant in breaded, stuffed raw chicken products when the chicken component tests positive for Salmonella at 1 colony forming unit (CFU) per gram or greater
April Food and Agriculture Regulatory Recap Read More »
On March 17, 2023, FSIS announced it will make “Temporary Allowance for Use of Sodium Nitrite from Natural Sources, ”as a way to handle shortages of synthetic sodium nitrite used to cure meat and poultry products. Establishments interested in using the substitution may submit for temporary label approval under 9 C.F.R. § 412(1)(f). On March
March Food and Agriculture Regulatory Recap Read More »
On February 28, 2023, USDA’s Equity Commission issued its 2023 Interim Report containing recommendations to advance equity at USDA. The Interim Report’s cover letter states, “Our commitment to equity is about creating an agricultural economy, a rural economy, and an American economy that create opportunity for all.” Given the Equity Commission’s focus on rural and
In a decision of profound importance for SNAP retailers, the United States Court of Appeals for the Eighth Circuit in Euclid Market Inc. v. United States Through United States Department of Agriculture, 2023 WL 2028707 (C.A.8 (Mo.), 2023), issued an opinion vacating a judgment for the United States in a case concerning the permanent disqualification
2022 Achievements – On February 6, 2023, FSIS posted a list of the key achievements in 2022. These include the Agency’s efforts to reduce illnesses linked to Salmonella in poultry, support small and very small establishments, the result of the “Product of the USA” labeling survey, state inspection programs, collaboration, and fostering diversity, equity, and
February Food and Agriculture Regulatory Recap Read More »
USDA’s Food & Nutrition Service (FNS) authorized more than 250,000 SNAP retailers across the country. For many years, SNAP retailers sold substantial amounts of SNAP-eligible food items that were sold cold to SNAP beneficiaries and heated post-sale. While FNS confirmed that this practice did not violate its SNAP regulations, the agency contended that it “circumvented
Oh, SNAP! FNS’s Restaurant Rule Forces SNAP Retailers to Sell Sin Goods Read More »
The building 2023 Farm Bill pressures coincide with FDA signaling that it will soon be taking significant action on cannabinoids. In addition to the November 2022 warning letters: In December 2022, FDA Chief Scientist Dr. Namandjé N. Bumpus said that “CBD science” is a top priority and that there are broad cross-agency initiatives underway, and
December Food and Agriculture Regulatory Recap Read More »
OFW Law Principal John Dillard has received the 2022 Purdue University Department of Agricultural Economics Apex Award. The Apex Award is given to individuals associated with Purdue’s Agricultural Economics Department who have made outstanding accomplishments in their fields. The Apex Award is the highest honor bestowed by Purdue’s Agricultural Economics Department. In connection with the
Dillard Receives Purdue University Apex Award Read More »
OFW Law’s Ken Ackerman was featured in an Agri-Pulse article discussing the Agricultural Foreign Investment Disclosure Act (AFIDA). In the article, “While Foreign Purchases of US Land Surge, USDA’s Reporting Penalties Plunge,” Mr. Ackerman discussed his experience in representing clients on AFIDA matters. AFIDA is a law administered by USDA’s Farm Service Agency (FSA). Under
OFW Law’s Ackerman Discusses AFIDA in Agri-Pulse Read More »
On November 29, 2022, USDA Agricultural Marketing Service (AMS) announced a forty-five (45) day extension for the submission of comments and information on “Inclusive Competition and Market Integrity Under the Packers and Stockyards Act.” Comments are now due on January 17, 2023. Other On November 18, 2022, USDA-FSIS published a Federal Register Notice, “Expansion
November Food and Agriculture Regulatory Recap 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 developments from October that should be highlighted. If you have any questions or would like more information, please do
October Food and Agriculture Regulatory Recap 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 developments from September that should be highlighted. If you have any questions or would like more information, please do
September Food and Agriculture Regulatory Recap Read More »
In 2022, Environmental, Social, Governance (ESG) disclosure, claims, and reporting has been a popular topic in the United States. ESG has several definitions, but at its’ core ESG ideals focus on sustainability, diversity, climate and carbon emissions, waste, labor conditions, and ethical governance, among other matters. OFW Law has written about ESG before in the
The State of Massachusetts will delay enforcement of its Question 3 regulations that would restrict pork sales in the state
Massachusetts Delays Enforcement of Question 3 Pork Restrictions Read More »
On July 22, 2022, the United States Department of Agriculture’s (USDA) Agricultural Marketing Service (AMS or, the agency) published a proposed rule in the Federal Register, “2020 Annual Updates to List of Bioengineered Foods” (the Proposed Rule). The Proposed Rule is part of the agency’s annual requirement to consider updates to the List of Bioengineered
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 July that we took note of. If you have any questions or would like more information, please
July Food and Agriculture Regulatory Recap Read More »
As of July 2022, the United States Department of Agriculture’s (USDA) Food Safety and Inspection Service (FSIS or the agency) has made publicly available the agency’s annual summary of foodborne illness outbreaks investigated last year (i.e., FY2021). The summary reports on all outbreaks that were investigated by FSIS during FY2021 and includes the following key
USDA Publishes Annual Summary of Foodborne Illness Outbreaks Investigated During FY2021 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 developments from June that we took note of. If you have any questions or would like more information, please
June Food and Agriculture Regulatory Recap 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 developments from May that we took note of. If you have any questions or would like more information, please
May Food and Agriculture Regulatory Recap 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 developments from April that we took note of. If you have any questions or would like more information, please
April Food and Agriculture Regulatory Recap Read More »
During late March 2022, USDA’s Food and Nutrition Service (FNS) did something truly shocking: it rescinded hundreds of charge letters and disqualification determinations against SNAP-authorized grocers and convenience stores. This is truly unprecedented action for an agency that is rarely reverses administrative actions, even when its decisions have inequitable and/or discriminatory impacts. While FNS should
OH SNAP! FNS RESCINDS HUNDREDS OF SNAP RETAILER DISQUALIFICATIONS Read More »
On April 4, 2022, the United States Department of Agriculture’s (USDA) Farm Service Agency (FSA) published a notice in the Federal Register announcing the new Emergency Livestock Relief Program (ELRP). The first phase of ELRP (i.e., Phase 1) will provide payments to producers who faced increased supplemental feed costs as a result of forage losses
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 March that we took note of. If you have any questions or would like more information, please
March Food and Agriculture Regulatory Recap Read More »
USDA’s Food and Nutrition Service (FNS) administers the Supplemental Nutrition Assistance Program (SNAP) pursuant to a delegation from Congress and the Secretary of the U.S. Department of Agriculture. FNS authorizes more than 250,000 retail food stores, large and small, across the country and ensures that SNAP retailers adhere to the requirements of the Food and
The American Rescue Plan Act of 2021 (ARPA) provides nearly $2 trillion to expedite the United States’ recovery from the impacts of the COVID-19 pandemic. APR § 1006(a)(3) provided funding to the U.S. Department of Agriculture (USDA) to establish an Equity Commission to address historical discrimination and equity issues within USDA and its programs. Over
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 February that we took note of. If you have any questions or would like more information, please
February Food and Agriculture Regulatory Recap Read More »
On February 17, 2022, following consumer complaints relating to the presence of pathogens in Similac, Alimentu, and EleCare, Abbott issued a voluntary recall for certain lots of those powdered infant formula products. Abbott’s recall is broad, applies to all distribution levels (domestic and international), and includes all lots manufactured in its Sturgis, Michigan facility with
Infant Formula Recall Triggers Concerns for WIC Beneficiaries Read More »
On Monday, February 7, 2022, United States Department of Agriculture (USDA) Secretary Tom Vilsack delivered an announcement that USDA would invest“$1 billion in Climate Smart Commodities, Expanding Markets, Strengthening Rural America.” Titled “Partnerships for Climate-Smart Commodities,” USDA has committed to finance projects that expand the market for U.S. agricultural and forestry products that use “climate-smart
USDA Announces Funding for Climate-Smart Agriculture Projects Read More »
Today, the U.S. Department of Agriculture (USDA) and U.S. Department of Justice (DOJ) launched an online reporting portal, located at USDA’s Farmer Fairness website, to advance the goals of the “Biden-Harris Administration’s Action Plan for a Fairer, More Competitive, and More Resilient Meat and Poultry Supply Chain” (the Action Plan). By way of review, On
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 January that we took note of. If you have any questions or would like more information, please
January Food and Agriculture Regulatory Recap Read More »
As of January 1, 2022, foods that are deemed “bioengineered” must be accompanied by labels disclosing that the food is bioengineered or contains a bioengineered ingredient. This disclosure requirement is the culmination of a decades-long battle and a legislative compromise over what has been commonly known as “GMO labeling.” After multiple unsuccessful West Coast ballot
The National Bioengineered Food Disclosure Standard Is Now in Effect Read More »
On December 3, 2021, the Office of Management and Budget’s (OMB) Office of Information and Regulatory Affairs (OIRA) indicated the USDA’s Agricultural Marketing Services’ Proposed Rule, “Organic Livestock and Poultry Standards” is undergoing EO 12866 Regulatory Review. This is one of the final hurdles an agency’s proposed rule must clear before it is published in
USDA Close to Releasing Proposed Rule for Organic Livestock & Poultry Standards Read More »
On November 16, 2021, the Judicial Panel on Multidistrict Litigation, through a lottery system, drew the 6th Circuit as the U.S. Court of Appeals that will hear the consolidated lawsuits against the Occupational Health and Safety Administration (OSHA) Emergency Temporary Standard (ETS) published in the Federal Register on November 5, 2021. The OSHA ETS, which
On Tuesday, November 16th, 2021, the United States Trade Representative (USTR) and the United States Department of Agriculture (USDA) held an informal informational meeting on the General Administration of Customs of the People’s Republic of China’s (GACC) Decrees 248 and 249 affecting U.S. agricultural exports. The Decrees, which were published in 2019, set out new
USTR/USDA Holds Open Meeting to Discuss China Decrees 248 and 249 Read More »
