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 do not hesitate to reach out to us.
U.S. Food and Drug Administration (FDA)
- On February 11, 2022, FDA opened the application portal for accreditation bodies interested in participating in the Laboratory Accreditation for Analyses of Foods (LAAF) program. Under the LAAF program, the agency will recognize accreditation bodies that will go forward in accrediting food testing laboratories following the standards in the final rule on Laboratory Accreditation for Analyses of Foods (referred to as LAAF-accredited laboratories).
- FDA issued a Guidance for Industry: Questions and Answers Regarding Channels of Trade Policy for Human Food Commodities with Chlorpyrifos Residue. The Guidance is intended to help food producers and processors who handle foods that may contain residues of the pesticide chemical chlorpyrifos as well as help stakeholders implement the Environmental Protection Agency’s (EPA) revocation of all tolerances for chlorpyrifos, which becomes effective on February 28, 2022.
- The Senate voted (50-46-1) to confirm Dr. Robert Califf as commissioner of the FDA. Dr. Califf replaced Dr. Janey Woodcock, who has been serving as the Acting FDA Commissioner since January 20, 2021. Dr. Califf was sworn in on February 17, 2022.
- On February 17, 2022, FDA announced they were investigating consumer complaints relating to the presence of pathogens in Similac, Alimentu, and EleCare, all produced by Abbott Nutrition’s Sturgis, Michigan facility. FDA, the U.S. Centers for Disease Control and Prevention (CDC) and state and local partners warned consumers to avoid purchasing or using certain infant formula and Abbott issued a voluntary recall of these products.
United States Department of Agriculture (USDA)
- On February 1, 2022, USDA’s Food Safety and Inspection Service (FSIS) published, “Notice of Request for a New Information Collection; Analyzing Consumers’ Value of “Product of USA” Labeling Claims.” The Survey Notice announces FSIS’s intent to collect information to support its forthcoming proposed rule, “Voluntary Labeling of Meat Products With ‘Product of USA’ and Similar Statements.”
- FSIS continued to work on Salmonella reduction in poultry and expanded efforts to raw pork. FSIS hosted the Third Industry Virtual Roundtable: “Salmonella in Poultry: Research Science” as part of several key activities to gather data and information necessary to support future action and move closer to the Healthy People 20230 goal of a 25% reduction in Salmonella illnesses. FSIS also published a notice and request for comments on proposed pathogen reduction performance standards for Salmonella in raw comminuted pork and raw intact or non-intact pork cuts.
- Secretary Tom Vilsack announced that USDA is making available up to $215 million in grants and other support to expand meat and poultry processing options in order to strengthen the supply chain and economy specifically in rural areas. This is one of several recent USDA announcements focused on expanding processing capacity and increasing competition in the meat and poultry processing sector(s).
Others
- The U.S. is seeing an increase in the price of grain, specifically wheat, as a result of Russia’s invasion of Ukraine. Russia and Ukraine together produce nearly a quarter of the world’s wheat and the distributions will threaten international shipments of wheat which will spur shortages and likely push prices of the crop high.
- CDC is reporting decreasing rates and spread of COVID-19. As a result, states and localities are seen loosening measures related to COVID-19. OFW Law as been following the impact of the food and agriculture sectors and will continue to do so. Please contact us if you have questions.
