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 should be highlighted.
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 March 6, 2023, FDA published the new “Dietary Supplement Ingredient Directory,” to provide the public information on ingredients used in products marketed as dietary supplements. The directory will help stakeholders quickly find what FDA has said about ingredients and whether FDA has taken any action with regard to the ingredient.
- On March 21, 2023, FDA released a report, “Activities for the Safety of Imported Seafood,” which shares the approach the FDA is taking to ensure imported seafood meets food safety requirements and the standards of U.S.-produced seafood.
- On March 24, 2023, FDA released a Proposed Rule, “Use of Salt Substitutes to Reduce the Sodium Content in Standardized Food,” which would amend the standards of identity for foods that are required to include or, or may optionally include, sodium chloride (i.e., salt). This would permit the use of safe and suitable salt substitutes.
- On March 24, 2023, FDA published the Draft Guidance, “Questions and Answers About Dietary Guidance Statements in Food Labeling: Draft Guidance for Industry,” which provides FDA’s current recommendations on how and when food manufacturers should use “Dietary Guidance Statements” on the label of food products.
United States Department of Agriculture (USDA)
- On March 13, 2023, USDA’s Food Safety and Inspection Service (FSIS) published a Proposed Rule, “Voluntary Labeling of FSIS-Regulated Products with U.S.- Origin Claims.” This Proposed Rule, if finalized, would establish new regulatory requirements for voluntary “Product of USA” or “Made in the USA” (the labeling claims for meat, poultry, and egg products).
- 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 20, 2023, the Final Rule, “Prior Label Approval System: Expansion of Generic Label Approval,” became effective. Prior approval by FSIS’s Labeling and Program Delivery Staff (LPDS) will only be required for three categories of labels: (1) labels for temporary approval, (2) labels for religious exempt products, and (3) labels with special statements and claims.
Other
- On March 17, 2023, Rep. Griffith (R-VA) and Rep. Craig (D- Minn.) reintroduced Federal bills to regulate Cannabidiol (CBD) products as dietary supplements (here) and as food or beverage additives (here). These bills have both been introduced previously, however, because FDA has announced it would not be regulating CBD as a dietary supplement, these bills may receive more attention.
