USDA & FDA Defense Counsel for Agriculture Businesses
Washington DC attorneys defending FDA and USDA-regulated businesses in enforcement actions, compliance matters, and policy advocacy
Washington DC attorneys defending FDA and USDA-regulated businesses in enforcement actions, compliance matters, and policy advocacy
Agriculture Law Services We Provide
OFW Law’s agriculture attorneys handle the full range of regulatory matters facing FDA and USDA-regulated businesses, from day-to-day compliance questions to complex enforcement defense and congressional advocacy.
Enforcement Defense
- USDA inspection suspension response
- FDA warning letter defense
- PACA trust claim resolution
- Packers & Stockyards Act violations
- Administrative hearings
- Federal court litigation
Compliance Counseling
- HACCP plan development
- SSOP and sanitation programs
- FSMA preventive controls
- Label approval and claims
- Import/export requirements
- Regulatory audits and mock inspections
Recall Management
- Class I, II, III recall coordination
- FSIS and FDA recall strategy
- Public notification drafting
- Recall effectiveness verification
- Post-recall compliance planning
Policy & Legislative Advocacy
- Congressional appropriations
- Farm Bill negotiations
- Agency rulemaking comments
- Trade association representation
- Industry coalition building
Transactional Support
- M&A regulatory due diligence
- USDA establishment transfers
- PACA license applications
- Organic certification compliance
- Contract dispute resolution
Crop Insurance & Farm Programs
- FCIC program disputes
- FSA benefit appeals
- New insurance product approval
- Producer eligibility matters
- Payment limitation issues
USDA Regulatory Practice Areas
OFW Law attorneys have daily contact with agencies throughout the U.S. Department of Agriculture. We have worked with officials at the highest levels of the Department and bring practical experience to every regulatory challenge.
FSIS
Food Safety and Inspection Service matters including meat, poultry, and egg product inspection, HACCP compliance, and enforcement actions
AMS
Agricultural Marketing Service representation in PACA trust claims, Packers and Stockyards Act enforcement, checkoff program compliance, and marketing order matters
FSA
Farm Service Agency assistance with crop disaster programs, conservation reserve programs, and payment eligibility determinations
APHIS
Animal and Plant Health Inspection Service work in animal welfare compliance, import/export permits, disease control programs, and veterinary biologics
RMA/FCIC
Risk Management Agency and Federal Crop Insurance Corporation representation in policy disputes, compliance issues, and new product approvals
Rural Development
USDA Rural Development financing applications, grant programs, and rural business development initiatives
Packers and Stockyards Act Representation
We defend packers, poultry slaughterers, market agencies, and dealers against enforcement actions brought under the Packers and Stockyards Act. Our attorneys understand the competitive injury standards and payment violation provisions that govern livestock and poultry markets.
PACA Trust Claims and Licensing
OFW Law has counseled trade associations in negotiations that led to major amendments to the Perishable Agricultural Commodities Act. We negotiate resolution of PACA trust claims and defend produce buyers and sellers in licensing and enforcement matters.
National Organic Program Compliance
We assist certified organic operations with NOP compliance, certification disputes, and enforcement defense. Our team understands the unique challenges facing organic producers and handlers in maintaining certification while managing commercial operations.
Industries We Serve in Agriculture & Agribusiness
OFW Law represents businesses throughout the agricultural supply chain, from farm production through processing, distribution, and retail. Our clients include family operations, regional processors, and national corporations.
Livestock & Poultry
Cattle ranchers, hog producers, poultry growers, livestock markets, feedlots, and integrated production operations regulated by FSIS and APHIS.
Food Processors & Manufacturers
Meat and poultry slaughter plants, further processing facilities, ready-to-eat manufacturers, and companies subject to HACCP and sanitation requirements.
Produce & Specialty Crops
Fruit and vegetable growers, produce distributors, fresh-cut processors, and businesses operating under PACA or subject to FDA produce safety rules.
Agricultural Input Suppliers
Feed manufacturers, seed companies, fertilizer suppliers, veterinary biologics producers, and agricultural chemical distributors.
Trade Associations
National and regional agricultural trade associations seeking regulatory counsel, policy advocacy, or congressional representation.
Cannabis & Hemp Operations
Agricultural hemp producers, CBD manufacturers, and cannabis businesses navigating federal and state regulatory requirements. Learn more →
Why Choose OFW Law for Agricultural Legal Matters
Former Agency Officials
Our team includes former administrators and senior officials from USDA and FDA who understand agency decision-making from the inside. We know how regulators think because many of us were regulators.Washington DC Presence
Based in Washington, we maintain daily contact with USDA and FDA officials. Our location enables us to quickly address time-sensitive enforcement matters and navigate agency processes efficiently.Real Agricultural Experience
Several OFW attorneys grew up on farms and ranches, raising cattle, hogs, cotton, corn, and cranberries. We understand agricultural operations from practical experience, not just regulatory theory.Cross-Agency Capability
We handle matters involving USDA, FDA, EPA, Customs, and Congress through our government relations team. When regulatory issues cross agency lines, we provide integrated representation.40+ Years Focused Practice
Since 1983, OFW Law has focused exclusively on FDA and USDA regulatory matters. We have handled thousands of enforcement actions, compliance matters, and policy initiatives for agricultural clients.Business Continuity Focus
We understand that plant closures and regulatory delays cost money every hour. Our enforcement defense strategy prioritizes keeping your operations running while resolving compliance issues.FOCUS AREAS
- APHIS Animal Welfare
- APHIS Animal Healthcare
- Appropriations
- Cannabis
- Checkoff Programs
- USDA Crop Insurance and Farm Programs
- Due Diligence
- Enforcement and Litigation
- Environmental Law
- Farm Bill
- FDA Food Law and Food Safety
- Native American Issues
- National Organic Program
- Occupational Safety and Health Law
- PACA
- Packers and Stockyards Act
- Trade Associations
Meet Our Team
Managing Principal, FDA Food and Digital Health Practice Head
Frequently Asked Questions About Agriculture Law
What does an agriculture lawyer do?
Agriculture lawyers represent farmers, ranchers, food processors, and agricultural businesses in regulatory matters before USDA and FDA. This includes defending against enforcement actions like inspection suspensions and warning letters, providing compliance counseling on food safety requirements, handling recalls, negotiating PACA trust claims, defending Packers and Stockyards Act violations, and advocating for clients in policy and legislative matters. Agriculture attorneys also assist with transactional work like M&A due diligence, facility transfers, and contract disputes.
When should I contact an agriculture attorney?
Contact an agriculture attorney immediately if you receive a USDA inspection suspension notice, FDA warning letter, PACA trust claim, Packers and Stockyards Act violation letter, or any other enforcement communication. Early legal involvement often prevents matters from escalating and can reduce penalties. You should also consult an agriculture lawyer when developing compliance programs, seeking label approval, handling recalls, responding to agency inspections, or facing crop insurance disputes.
What is the difference between USDA and FDA regulation of food?
According to the U.S. Department of Agriculture’s Food Safety and Inspection Service, USDA regulates meat, poultry, and certain egg products through continuous inspection at processing plants. FDA regulates most other foods including produce, seafood, dairy, packaged foods, and dietary supplements through periodic facility inspections and FSMA preventive controls requirements. Some products like pizzas with meat toppings involve both agencies. USDA inspection is mandatory and conducted by inspectors present daily at plants, while FDA inspection occurs periodically without continuous agency presence.
How do I respond to a PACA trust claim?
PACA trust claims require prompt attention because the seller must preserve trust rights by providing written notice within strict timeframes. If you receive a PACA trust claim, immediately contact an agriculture attorney to evaluate the claim’s validity, assess your defenses, and determine if trust assets are at risk. Response strategies depend on whether you dispute the underlying debt, the trust beneficiary’s compliance with notice requirements, and whether trust assets remain identifiable. PACA trust matters move quickly and failing to respond properly can result in personal liability for company principals.
What happens if FSIS suspends inspection at my plant?
When FSIS suspends inspection, your plant must cease operations immediately because meat and poultry products cannot be produced or shipped without inspection. Suspensions typically occur due to insanitary conditions, safety concerns, or regulatory non-compliance. You should contact an agriculture attorney immediately to develop a corrective action plan, communicate with FSIS officials, and work toward reinstating inspection. The suspension remains in effect until FSIS determines that conditions causing the suspension have been corrected. Quick action and proper agency communication are critical to minimizing downtime.
Do I need an attorney for a crop insurance dispute?
Crop insurance disputes involving denied claims, coverage disagreements, or compliance determinations often benefit from legal representation. Federal crop insurance policies are governed by complex regulations and procedures that differ from standard insurance contracts. An agriculture attorney can evaluate whether the insurance company properly applied policy terms, assist with the administrative appeals process, and represent you in arbitration if required. Given that crop insurance claims can involve substantial amounts and affect your ability to obtain coverage in future years, legal counsel helps protect your rights in disputes with insurers or the Risk Management Agency.