Photo of Gary Kushner

Partner, Washington, D.C.

Gary Jay Kushner knows the food industry inside and out as he has been a part of it for almost 40 years. His clients are some of the largest food corporations in the world as well as their trade associations. Because of his extensive exposure to the industry at all levels, Gary approaches his clients' challenges from the perspective of a food industry executive.
Gary has participated in the development of virtually every law and regulation affecting the food industry in the last four decades. Gary analyzes legislation considered by the U.S. Congress and state legislatures and regulations proposed by the U.S. Department of Agriculture, Food and Drug Administration, and other federal and state government agencies, and evaluates their impact on the food industry from farm to table. His insight allows him to anticipate how these initiatives might change the way his clients do business so they can plan most effectively.

Gary also helps companies address regulatory compliance issues, advising them on labeling, advertising, inspection, and representing them in enforcement proceedings before government agencies and the courts.

Previously, Gary served as vice president and general counsel for the American Meat Institute where he directed the organization's legal, regulatory, and legislative activities. He began his food industry career as staff counsel for Scientific Affairs for the Grocery Manufacturers of America, and began his legal career as law clerk to the Honorable John R. Hess in the Superior Court for the District of Columbia.

Regulation is a crucial aspect that must be taken into consideration when thinking about creating a new start-up and when entering new markets.

Join GrowingIL’s next webinar on June 24,  2020, where Hogan Lovells partner Gary Jay Kushner will shed light on Agtech regulation in the U.S. and specifically in the fields of biotechnology, plant

The United States Department of Agriculture (USDA) has published a Final Rule codifying internal procedures that must be followed when issuing agency guidance documents. The Final Rule amends USDA’s administrative regulations by adding procedural regulations for the review and issuance of USDA guidance documents. The Final Rule adds a new Subpart Q, “Review and Issuance

The Centers for Disease Control and Prevention (CDC) and Occupational Safety and Health Administration (OSHA) have issued interim guidance on COVID-19 considerations for meat and poultry processing workers and employers. This Interim Guidance, one of the most comprehensive to date for a specific industry, was developed recognizing that meat and poultry establishments and their operations

In response to two petitions, the U.S. Department of Agriculture’s (USDA’s) Food Safety and Inspection Service (FSIS) has announced that intends to conduct rulemaking to change its policy toward “Product of USA” claims for meat and poultry products, with an apparent objective of limiting the scope of products eligible for the claim.

Recently, FSIS announced

The U.S. Department of Agriculture’s (USDA’s) Food Safety and Inspection Service (FSIS) issued a Constituent Update announcing the Agency temporarily is exercising enforcement discretion to provide labeling flexibilities for redirecting to retail meat and poultry products originally intended for food service. Importantly, FSIS’s enforcement discretion applies only to food that already has been produced. FSIS

Yesterday, FSIS issued its long-awaited guidance on the labeling and packaging of “kit” products. Although FSIS has long informally applied its “kit policy,” this FSIS Compliance Guideline marks the first public guidance that FSIS has provided on the topic. The Compliance Guideline generally reflects the Agency’s informal policy without significant change.

Under its kit policy,

Last week, the Centers for Disease Control and Prevention (CDC) released a report entitled, “Preliminary Incidence and Trends of Infections with Pathogens Transmitted Commonly Through Food – Foodborne Diseases Active Surveillance Network, 10 U.S. Sites, 2015-2018” (the Report). The Report summarizes data collected by the Foodborne Diseases Active Surveillance Network (FoodNet), which tracks infections caused

On April 17, 2019, the United States Department of Agriculture (USDA) Food Safety and Inspection Service (FSIS) issued a proposed rule that would eliminate the requirement that certain packages of meat or poultry products display net weights using the so-called “dual declaration” format (e.g., requiring that some products declare weight in both pounds and ounces).

The U.S. Department of Agriculture’s Food Safety and Inspection Service (FSIS) has issued a Draft Guideline detailing the Agency’s expectations of companies that identify foreign material in their meat and poultry products and more generally providing recommendations for how establishments should craft their complaint handling policies. FSIS states that it developed the document in response

The U.S. Department of Agriculture’s (USDA’s) Food Safety and Inspection Service (FSIS) and the Food and Drug Administration (FDA) announced today a formal-agreement coordinating joint jurisdiction over the production of products derived from cell lines of livestock and poultry. This agreement marks the next significant step in establishing the regulatory framework for these products and