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Regulatory Round-Up Newsletter, Spring 2014

On behalf of OFW Law’s Agriculture practice group, here is a copy of our new newsletter. We hope you find...

Organic Confusion

By Marshall L. Matz, as published in Agri-Pulse Organic foods are “in.” Analysts estimate that U.S. organic food sales have...

Mandated Labeling for Genetically Engineered Foods: Vermont’s Legislation Implicates the First Amendment

By Robert A. Hahn and John G. Dillard Note: OFW Law’s Bob Hahn and John Dillard recently authored a legal...

FDA Announces Public Meeting on Nutrition Labeling Proposed Rules

The Food and Drug Administration (FDA) has announced a public meeting on June 26, 2014 to discuss its two pending...

Are You Prepared for An FSIS Compliance Visit?

Last month, the Food Safety and Inspection Service (FSIS) reissued seven Directives relating to FSIS surveillance, investigation and enforcement activities....

FDA Extends Comment Period for Proposed Rules on Nutrition Labeling

FDA has announced a 60-day extension of the comment period for two major proposed rules on nutrition labeling. The extended...

Senate Ag Appropriations Subcommittee Reports FY 2015 Bill Without Amendments–Discretionary Spending Allocation Lower than Amount Provided to House

The Senate Agriculture, Rural Development, Food and Drug Administration and Related Agencies Appropriations Subcommittee also voted today by voice vote...

USDA Offers Guidance on “Made with Organic ___” Label Claims

The National Organic Program (NOP) of the U.S. Department of Agriculture’s Agricultural Marketing Service (AMS) has issued a final guidance...

Fishy Fishy – MOU between FSIS and FDA to Improve Interagency Cooperation

There have been on-going questions regarding the regulatory oversight of catfish inspection. To address this concern, the 2014 Farm Bill...

House Agriculture Appropriations Subcommittee Reports FY 2015 Bill Without Any Amendments

The House Agriculture, Rural Development, Food and Drug Administration and Related Agencies Appropriations Subcommittee today voted by voice vote to...

For Drought-Hit Farmers, USDA’s Federal Crop Insurance Can Help, But Only If You Understand the Rules

The severe drought that had plagued the American Southwest over the past three years – the worst in modern memory...

FDA Explains How to Exempt an Ingredient from Allergen Labeling

The Food and Drug Administration (FDA) has published a draft guidance document explaining what information it is looking for in...

Getting to the Roots of Listeria – A Practice Tip from Ms. Gloom

Dr. Doom discussed “getting to the roots” of issues to ensure the cause is eliminated in her recent article. This...

As Vermont Goes….? GMO Labeling Becomes the Law in Vermont

Vermont has become the first state in the nation to enact a law requiring labeling of genetically engineered foods. (Connecticut...

Get to the Roots, Don’t Just Pluck the Weeds — A Practice Tip from Dr. Gloom

I am often asked to review responses to regulatory noncompliance or establishment corrective actions. Many times facilities are wondering why...

Edward Farrell, Esq., Joins OFW Law

We are pleased to announce that Edward J. Farrell, Esq., an expert on international trade, customs and agriculture matters, has...

FDA Restricts Nutrient Content Claims for Omega-3s

The Food and Drug Administration (FDA) has issued a final rule restricting the nutrient content claims that may be made...

Food Stamp Vendors Face Increased Eligibility Requirements and Oversight Following Implementation of Farm Bill’s SNAP Provisions

The 2014 Farm Bill contains several important provisions which will impact retail stores that participate in the USDA Food and...

Can EPA Regulate Animal Operations as Landfills?

Four Washington State dairies are the targets of environmental activists in lawsuits that could have far-reaching consequences for animal agriculture...

FDA/ONC/FCC Health IT Report Signals Possible Deregulation of Certain Software Medical Devices

Has the U.S. Food and Drug Administration (FDA) opened the door to deregulation of certain software medical devices? Its recently...

Steps to Prevent Allergen Recalls, Part Two – Another Practice Tip from Ms. Gloom

In Part One, we discussed using transparencies on the receiving dock as an easy way for personnel to quickly ascertain...

FDA Regulation of Ackee Fruit Products

Ackee fruit is harvested from the ackee tree (Blighia sapida), which is native to West Africa, but is also found...

NRDC Issues Report Critical of GRAS Self-Determinations and CSPI Joins in Criticism

By Mark L. Itzkoff On April 7, 2014, the Natural Resources Defense Council (NRDC) issued its latest report on GRAS...

How to Decide When to Challenge GIPSA Enforcement Actions Under the Packers and Stockyards Act

Each year, the USDA’s Grain Inspection, Packers and Stockyards Administration (GIPSA) initiates over one-hundred enforcement actions against packers, dealers, market...