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 significant developments from May. 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 May 12, 2026, FDA announced the finalization of its Food Chemical Safety Post-Market Assessment Program. The Program is guided by two complementary documents: (1) “Enhanced Systematic Process for Post-Market Assessment of Chemicals in Food” and (2) “Post-Market Assessment Prioritization Tool.”
- On May 13, 2026, FDA’s Human Foods Program (HFP or the agency) released two new online resources: (1) Food Safety Best Practices for Human Foods and (2) Strengthening Food Safety through Root Cause Analysis (Root Cause Analysis (RCA). These two new webpages are part of FDA’s collaborative vision for enhancing food safety as provided by the 2026 Priority Deliverables.
- On May 27, 2026, FDA announced the publication of its scientific review of the eight ortho-(o)-phthalates (also known as “phthalates”) currently authorized as plasticizers for food contact use to determine if they should be grouped together for the purpose of a cumulative risk assessment. The proposed grouping is based on FDA’s evaluation of their toxicodynamic, toxicokinetic, and physicochemical properties and chemical structures, and FDA proposed grouping four of the phthalates (DEHP, DCHP, DIOP, and DINP).
- On May 27, 2026, FDA released a 9-page “Discussion Paper: Identifying Additional Flexibilities for Satisfying the Food Traceability Rule’s Lot-Level Tracking Requirement” ahead of the agency’s June 15, 2026, (12:00 PM – 3:30 PM EST) virtual public meeting on Challenges and Solutions in Lot-Level Food Traceability.
- On May 28, 2026 FDA reopened the comment periods for two petitions previously published in the Federal Register in January 2024: Color additive petition in 89 FR 1856 and food additive petition in 89 FR 1857.
United States Department of Agriculture (USDA)
- On May 5, 2026, USDA’s Food Safety and Inspection Service (FSIS) published “FSIS Food Safety Guideline for Egg Products.” This guideline is designed to help small and very small plants producing egg products meet the regulatory requirements under the Egg Products Inspection Regulations Final Rule.
- On May 4, 2026, USDA-FSIS finalized the rule removing the regulations for the standard of identity for canned “Tripe with Milk.” Although some establishments may continue to produce canned tripe with milk products, FSIS has determined that the existing standard for the finished canned article is unnecessary.
- On May 21, 2026, USDS-FSIS published in the Federal Register its Final Rule, “Visual Post-Mortem Inspection in Swine Slaughter Establishments.” In this Final Rule, FSIS is amending its regulations to end mandatory mandibular lymph nodes incision and viscera palpation of swine carcasses. This applies to ALL swine slaughter establishments—including establishments operating under traditional slaughter inspection as well as the New Swine Slaughter Inspection System (NSIS).
Other
- On April 30, 2026, the U.S. House of Representatives passed the House Agriculture Committee’s version of the Farm Bill (The Food, Farm, and National Security Act of 2026 (H.R. 7567)) by a narrow 224–220 vote. Leaders of the Senate Committee on Agriculture, Nutrition, and Forestry are expected to release their own version of the Farm Bill in June 2026.
***
Please contact Kyla Kaplan ([email protected]) if you have any questions or are interested in additional assistance.
