The Office of Management and Budget (OMB) recently released the Spring 2019 Unified Agenda of Regulatory Actions, which outlines the rulemaking actions currently under development in each federal agency. This memorandum summarizes the major actions that may be of particular interest to the food industry that are being planned by the U.S. Food and Drug
USDA
FSIS Publishes Proposed Rule Rescinding Dual Labeling Requirements for Certain Packages of Meat and Poultry
By Gary Kushner, Brian Eyink & Mary Lancaster on
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).…
FSIS Releases Draft Guideline on Complaint Handling and Foreign Materials
By Gary Kushner, Brian Eyink & Leigh Barcham on
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…
USDA and FDA Settle Jurisdiction over Products Derived from Livestock and Poultry Cell Lines
By Gary Kushner & Brian Eyink on
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…
USDA’s AMS Issues Final Rule on National Bioengineered Food Disclosure Standard
By Martin Hahn & Veronica Colas on
Yesterday the U.S. Department of Agriculture’s (USDA’s) Agricultural Marketing Service (AMS) released its final rule implementing the National Bioengineered Food Disclosure Standard (NBFDS) passed by Congress in July 2016. In this post we summarize the top ten key highlights of the final rule.
USDA and FDA Announce Joint Oversight Over Cell Cultured Products
By Gary Kushner, Brian Eyink & Mary Lancaster on
On Friday, November 16, 2018, the U.S. Department of Agriculture (USDA) Secretary Perdue and U.S. Food and Drug Administration (FDA) Commissioner Gottlieb announced a joint regulatory framework to oversee cell cultured products. Under the proposed framework, FDA plans to oversee cell collection, cell banks, cell growth, and cell differentiation. USDA will oversee cell harvest, production,…
USDA Sends National Bioengineered Food Disclosure Standard to OMB While Facing Lawsuit for Failing to Meet Statutory Deadline
By Martin Hahn, Veronica Colas & Leigh Barcham on
On August 1, 2018, two consumer groups sued the U.S. Department of Agriculture (USDA), USDA Secretary Sonny Perdue, and Agricultural Marketing Service (AMS) Administrator Bruce Summers for failing to meet the statutory rulemaking deadlines for the National Bioengineered Food Disclosure Standard (NBFDS). The suit was filed by the Center for Food Safety (CFS) and Center…
FSIS Issues Guidance on Retailer and Restaurant Exemptions from Inspection Under the Federal Meat Inspection Act
By Gary Kushner, Brian Eyink & Samantha Dietle on
The U.S. Department of Agriculture’s (USDA’s) Food Safety and Inspection Service (FSIS) recently released a guidance document to help companies determine whether their operations are exempt from the inspection requirements of the Federal Meat Inspection Act (FMIA). This guidance marks FSIS’s first significant attempt to articulate policy addressing the applicability of its retailer and restaurant…
USDA’s AMS Issues Proposed Rule on National Bioengineered Food Disclosure Standard
By Martin Hahn & Veronica Colas on
On May 3, the U.S. Department of Agriculture’s (USDA’s) Agricultural Marketing Service (AMS) issued its proposed rule implementing the National Bioengineered Food Disclosure Standard (NBFDS) passed by Congress in July 2016. AMS is proposing a crop-based approach, where disclosure would be required when a food is or contains a crop, or a derivative of a…
FDA Finalizes Extension of Compliance Date for Nutrition Labeling Final Rules
The Food and Drug Administration (FDA) has issued a final rule extending the compliance date for the final rules revising the requirements for the nutrition and supplement facts labels and the declared serving sizes and reference amounts customarily consumed (RACCs). The final rule extends the compliance date for manufacturers with $10 million or more in…