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 October 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)
- FDA sponsored a series of three, two-hour long, workshops, hosted by the National Academies’ Food and Nutrition Board (NAFNB), to discuss “The Use of Meta-Analysis (MA) in Nutrition Research and Policy.” MA may be used as a part of a systematic review and in evaluating aspects of nutrition labeling and claims. MA is also a tool that manufacturers’ Research and Development teams can use to assess and substantiate food labeling claims if MA is conducted properly.
- On October 7, 2023, California Governor Newsom signed into law AB 418, which prohibits any foods “manufactured, sold, delivered, distributed, held, or offered for sale in California after January 1, 2027, from containing brominated vegetable oil, potassium bromate, propylparaben, or red dye 3.” The Food, Drug, and Cosmetic Act does not preempt state agencies from establishing stricter ingredient approval standards. Given California’s share of the U.S. economy, the impact of AB 418 will likely extend well beyond California’s borders.
- On October 19, 2023, FDA’s new Deputy Commissioner for Human Foods, Jim Jones, released a statement committing to fulfilling the vision of FDA’s proposed new human foods program.
United States Department of Agriculture (USDA)
- On October 13, 2023, USDA’s Food Safety and Inspection Service (FSIS) posted its fiscal year (FY) 2024 Annual Plan. The plan details how the agency will achieve goals such as preventing and addressing foodborne illness, transforming inspection systems, and increasing operations.
- On October 16, 2023, FSIS and the Agriculture Research Service (ARS) issued FSIS Notice 56-23 “FY 2024 Dioxin Survey Livestock (Cattle and Swine).” The notice announces the FY 2024 Dioxin Survey wherein FSIS will gather information on dioxin levels (and dioxin-like compounds) in U.S. beef and pork over 12 months. On the same day, FSIS also issued FSIS Notice 57-23 “FY 2024 Dioxin Survey for Domestic Farm-Raised and Wild-Caught Siluriformes Fish.”
- On October 25, 2023, USDA’s Agriculture Marketing Service (AMS) Secretary Vilsack previewed the Organic Livestock and Poultry Standards (OLPS) Final Rule. The Final Rule will amend the National Organic Program (NOP) regulations by adding new provisions for livestock handling and transport for slaughter and avian living conditions. The Final Rule will also expand existing requirements for livestock care and production practices and mammalian living conditions.
Other
- On October 27, 2023, a coalition of 31 bipartisan House lawmakers sent a letter to the head of the Federal Drug Enforcement Administration (DEA), urging that they consider Congressional and state marijuana legalization efforts as they review cannabis scheduling.
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Please contact Kyla Kaplan (kkaplan@ofwlaw.com) if you have any questions or are interested in additional assistance.
