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 November. 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 November 4, 2024, FDA published the Supplement to the 2022 Food Code. The Supplement updates the 2022 Food Code to address several recommendations made at the 2023 Meeting of the Conference of Food Protection (CFP). The Supplement is divided into 3 parts: Part 1 – Summary of Changes – a “quick view” of the modifications; Part 2 – Amendments, Additions, Deletions to the Preface, Chapters 1-8, and the Annexes – actual language modifications; and Part 3 – New Terms added to the Index to the Food Code.
• On November 14, 2024, FDA released guidance with revisions to the FDA Food Safety Modernization Act (FSMA) Voluntary Qualified Importer Program (VQIP). VQIP offers certain importers expedited review and importation of human and animal foods into the U.S..
• On November 14, 2024, FDA’s Center for Veterinary Medicine (CVM) hosted one of the agency’s listening sessions regarding FDA’s pre-market animal food review programs and the questions laid out in the Pre-Market Animal food Ingredient Review Programs; Request for Comments (Docket No. FDA-2024-N-2979).The Listening Session provided an opportunity for practitioners to share directly with CVM the barriers, benefits, and potential changes to the food additive petition (FAP) and Generally Recognized as Safe (GRAS) notification processes. Stakeholders have until December 9, 2024, to submit comments on the Docket.
• On November 19, 2024, FDA issued a request for information on per- and polyfluoroalkyl substances (PFAS) in seafood. The FDA is seeking scientific data and information on PFAS levels in seafood, its environment, and processing water, as well as ways to reduce PFAS exposure. The request aims to help understand and minimize potential health risks from PFAS in seafood. The FDA is accepting comments until February 18, 2025.
United States Department of Agriculture (USDA)
• On November 15, 2024, USDA’s Food Safety and Inspection Service (FSIS) announced they are extending the Modified Poultry Line Speed Waivers through January 15, 2025. The extension is intended to provide time for worker safety experts to complete the FSIS study measuring the impact of increased line speeds on worker safety.
• On November 21, 2024, FSIS announced changes to the agency’s leadership team. Changes include: Dr. Denise Eblen, currently FSIS’ Assistant Administrator for the Office of Public Health Science, has been named agency Administrator and Paul Kiecker will take on the role of Assistant Administrator in the Office of Investigation, Enforcement and Audit (OIEA), where he will head FSIS’s investigation, enforcement, and audit functions.
• On November 27, 2024, FSIS published the final action, “Uniform Compliance Date for Food Labeling Regulation.” Under the Final Action, any new meat and poultry product labeling regulations that will be issued between January 1, 2025, and December 31, 2026, will become effective January 1, 2028.
Other
• OFW Law is closely monitoring and sharing perspectives on the potential impacts of a second Trump Administration on FDA, USDA, Customs and Border Protection (CBP), food and agriculture policy, and the food industry generally. OFW is fully engaged and stands ready to engage on clients’ behalf in this potentially challenging environment. This includes, but not limited to:
- Ramping up our engagement with the following nominees – Brooke Rollins (nominee for Secretary of USDA) and Robert F. Kennedy (nominee for Health and Human Services (HHS)and other new and returning Members of Congress and their staff, as well as others within the new White House.
- Development of strategies for advocacy around USDA and HHS issues likely to arise.
- Asserting legal arguments as to why agency interpretations are in excess of USDA’s and HHS’s authority and contrary to law.
- Closely follow deliberations and initiatives at DOGE, OMB, and HHS that may affect the content, scope, and resources of USDA programs
- Mounting legal challenges if necessary.
Please contact Kyla Kaplan (kkaplan@ofwlaw.com) if you have any questions or are interested in additional assistance.
