The government has announced that on 4 July 2020, it will commence the third stage of its plan to ease the ‘lockdown’ restrictions implemented in England due to COVID-19. Following the re-opening of ‘non-essential retail shops’  in stage two, this third stage will involve the re-opening of restaurants, pubs and bars as well as hairdressers

There are numerous regulatory and practical issues borne out of COVID-19 that are facing the food industry, many of which are increasingly playing out at the state level. As states grapple with so-called “re-opening” of retail establishments, including restaurants and foodservice operators (including retailers offering ready-to-eat foods), some noteworthy trends and insight into requirements and

The Centers for Disease Control and Prevention (CDC) has issued a guidance document titled Testing Strategy for COVID-19 in High-Density Critical Infrastructure Workplaces after a COVID-19 Case is Identified (the Guidance), which describes different testing strategy options for exposed employees when companies determine testing is needed to help support existing disease control measures. As part

The Food and Drug Administration (FDA) and the Centers for Disease Control (CDC) recently released several guidelines for various segments of the food industry to address the COVID-19 pandemic. First, CDC issued Interim Guidance from CDC and the U.S. Department of Labor, Agriculture Workers and Employers (“the Interim Guidance”), which provides recommendations related to COVID-19

On May 27, 2020, the U.S. Food and Drug Administration (FDA) issued new guidance for human food establishments on voluntarily reporting to FDA temporary closures or significantly reduced production due to the COVID-19 public health emergency. The agency’s guidance document is entitled “Reporting a Temporary Closure or Significantly Reduced Production by a Human Food Establishment

On May 22, 2020, the U.S. Food and Drug Administration (FDA) announced two policies to provide temporary flexibility with respect to packaged foods formulation and labeling requirements during the COVID-19 pandemic. The agency’s guidance document is entitled “Temporary Policy Regarding Certain Labeling Requirements During the COVID-19 Public Health Emergency: Minor Formulation Changes and Vending Machines”

On May 19, President Trump issued an Executive Order (EO) authorizing federal agencies to provide regulatory relief to support the economic response to the COVID-19 outbreak. Specifically, the EO allows agencies to rescind, modify, waive, or provide exemptions from regulatory and other requirements that may impede economic recovery, consistent with applicable law and protection of

The Food and Drug Administration (FDA) and the United States Department of Agriculture (USDA) recently issued a Memorandum of Understanding (MOU) regarding the potential use of the Defense Production Act (DPA) with regard to FDA-regulated food. Importantly, USDA retains its DPA authority for products subject to FDA jurisdiction. The MOU, however, establishes that FDA will

On May 19, 2020, the Occupational Safety and Health Administration (OSHA) issued Revised Enforcement Guidance (Guidance) requiring employers to investigate whether employee COVID-19 infections are “work-related” for the purpose of determining whether a record must be made of such infections. This Guidance, which is effective on May 26, 2020, backtracks from OSHA’s prior April 10

The Centers for Disease Control and Prevention (CDC) has issued Interim Guidance from CDC and the Occupational Safety and Health Administration (OSHA), Manufacturing Workers and Employers (the Interim Guidance), which provides recommendations related to COVID-19 transmission considerations for manufacturing workers and employers. This Interim Guidance is in most parts the same as the previously issued