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 September. 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 September 17, 2024, FDA released results from retail sampling of dark chocolate and chocolate-containing products labeled as “dairy free” that were collected and tested for unintended milk contamination in 2022 and 2023. The agency found that out of 210 samples, 13 contained traces of milk, with 12 of them having less than 80 ppm and one with 1,083 ppm. The products that tested positive for milk came from three manufacturers, and all included allergen advisory labels indicating possible milk contamination.
- On September 23, 2024, FDA released an updated guidance pertaining to “Standards for the Growing, Harvesting, Packing, and Holding of Produce for Human Consumption: Small Entity Compliance Guide.” The guide assists with complying with the revised requirements for pre-harvest agricultural water under the Produce Safety Rule. Compliance dates begin on April 7, 2025, and vary based on farm size.
- On September 25, 2024, FDA held a hybrid (virtual and in-person) public meeting as part of a larger enhanced approach to food chemical safety, to discuss with stakeholders the agency’s development of a systematic process for conducting post-market assessments of chemicals in food. During the meeting, FDA clarified that they plan to implement the new post-market assessment process by the end of 2025. FDA is accepting comments to the public docket until December 6, 2024.
United States Department of Agriculture (USDA)
- On September 1, 2024, FSIS announced new dates associated with the “Revised Guideline for Retained Water” in raw meat and poultry. For background, the Guideline assists meat (including Siluriformes fish) and poultry establishments in meeting the labeling requirements for calculating the correct retained water percentage in raw meat and poultry products and parts resulting from post-evisceration processing. Based on comments received, FSIS has granted an extension for establishments to make labeling changes and submit their revised RWP to FSIS’s Risk Management and Innovation Staff (RMIS) for review. Establishments will now have until:
- March 3, 2025, to submit new, changed, or revised protocols;
- October 1, 2025, for the Office of Field Operations (OFO) to start verifying that establishments meet regulatory requirements; and
- January 1, 2026, to make any label changes
- On September 10, 2024, USDA’s Food Safety and Inspection Service (FSIS) announced the availability of an updated version of “FSIS Guideline on Substantiating Animal-Raising or Environmental-Related Claims.” The guideline is final and provides establishments with information on how to use and substantiate animal-raising claims(ex. “Raised Without Antibiotics,” “Grass Fed,” “Free-Range,” “Raised Without the Use of Hormones”) and environment-related claims(ex. “Raised Using Regenerative Agriculture Practices” or “Environmentally Responsible”) claims on meat and poultry products.
- On September 20, 2024, FSIS updated the individual establishment Salmonella performance standard category information for raw poultry carcasses, raw chicken parts, and comminuted poultry products on the Salmonella Verification Testing Program Monthly page. Additionally, FSIS posted the aggregate sampling results showing the number of establishments in categories 1, 2, or 3 for establishments producing young poultry carcasses, raw chicken parts, or not ready-to-eat (NRTE) comminuted poultry products at the location linked above.
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Please contact Kyla Kaplan (kkaplan@ofwlaw.com) if you have any questions or are interested in additional assistance.
