October Food and Agriculture Regulatory Recap

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 October. 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 October 8, 2026, FDA’s Office of Retail Food Protection (ORFP), within the Human Foods Program (HFP), hosted a 50-State Call to discuss the newly released 2026 FDA Food Code and TCS Updates. The recording is available here.

• On October 13, 2026, FDA released the final rule, “Use of Salt Substitutes to Reduce the Sodium Content in Standardized Foods.” The Final Rule amends FDA’s standards of identity (SOIs) to allow the use of salt substitutes in “standardized foods” (i.e., foods with an SOI) containing table salt, sodium chloride. FDA’s goal is to give manufacturers greater flexibility to reduce sodium content while supporting the broader public health goal of improving consumer dietary patterns.

• On October 15, 2026, FDA hosted a webinar on its proposed Generally Recognized as Safe (GRAS) rule, which would replace the current voluntary GRAS notification program with a mandatory notification requirement for most self-determined GRAS conclusions for human and animal food. FDA officials discussed the proposal’s legal rationale, key exceptions, streamlined submission pathway for existing products, and unique provisions applicable to animal food. Recording is available here.

• On October 22, 2026, FDA announced publication of two draft guidances: (1) Action Levels for Cadmium in Processed Food Intended for Babies and Young Children: Draft Guidance for Industry and (2) Chapter 12 of the Draft Guidance for Industry: Hazard Analysis and Risk-Based Preventive Controls for Human Food—Control of Chemical Hazards.

• On October 29, 2026, FDA released a proposed rule entitled, “Infant Formula Nutrient Requirement.” FDA has proposed updates to the nutrient and labeling requirements for infant formula, including revisions to eight of the 30 required nutrients, and is seeking input on whether additional commonly used nutrients should become required. Comments will be accepted for 120 days following publication in the Federal Register.

United States Department of Agriculture (USDA)

• On October 19, 2026, USDA’s Food Safety and Inspection Service (FSIS) published FSIS Directive 5300.1 Rev 2 “Managing the Establishment Profile in the Public Health Information System (PHIS) System.” The Directive instructs District Office personnel and inspection program personnel assigned to official establishments, official import inspection establishments, and facilities where FSIS provides reimbursable inspection services on how to maintain establishment profiles in PHIS.

• On October 29, 2026, USDA-FSIS issued two notices (FSIS Notice 42-26 and FSIS Notice 43-26) announcing training and implementation instructions for inspection personnel to begin collecting routine food-contact surface (FCS) and non-food-contact surface (NFCS) samples in establishments producing post-lethality exposed ready-to-eat (RTE) products. The sampling program is intended to strengthen environmental monitoring and help identify potential contamination sources in RTE production environments, particularly those associated with pathogens such as Listeria monocytogenes.

• As of October 2026, two USDA rules are pending with the Office of Budget and Management (OMB): (1) the revised National Bioengineered Food Disclosure Standard, following the Court Remand (Proposed Rule) and (2) Maximum Line Speed Rates for Young Chicken and Turkey Establishments Operating Under the New Poultry Inspection System (Final Rule).

Other

• On October 13, 2026, A federal district court issued a preliminary injunction blocking portions of USDA’s reorganization plan after federal employee unions challenged the agency’s authority to implement the restructuring without congressional approval. As of October 22, 2026, USDA has appealed to the Ninth Circuit, which is proceeding on an expedited schedule and will determine whether the injunction remains in place while the underlying litigation continues

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Please contact Kyla Kaplan ([email protected]) if you have any questions or are interested in additional assistance.