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    Foods

    • FDA Proposes Amendment to Vending Labeling Rule Requirement for Font SizeJuly 16th, 2018

      In 2010, the Federal Food, Drug, and Cosmetic Act (FDC Act) was amended to include a requirement that certain vending machine operators engaged in operating and owning 20 or more vending machines provide calorie declarations for certain articles of food sold from vending machines. FDA …

    • Whither Regulation of Animal Cell-Cultured Foods?July 10th, 2018

      To anyone with an interest in that question, FDA’s public meeting later this week is a can’t miss event.  Perhaps the most critical issue facing this nascent industry is the need for clarity on which federal agency – FDA or USDA – will exercise jurisdiction …

    • FSIS Invites Comments on Petition Regarding Product of USA Labeling for Meat and Meat ProductsJuly 3rd, 2018

      On June 22, the Food Safety and Inspection Service (FSIS) announced the receipt of a Petition by the Organization for Competitive Markets and the American Grassfed Association to revise FSIS’s policy on “Product of USA” claims so that only U.S. domestic meat and meat products …

    • FDA Issues First Installment of Guidance on Intentional Adulteration RuleJune 21st, 2018

      The FSMA final rule on intentional adulteration, entitled “Mitigation Strategies to Protect Food against Intentional Adulteration” (IA rule), 21 C.F.R. Part 121, was published in May, 2016. The rule is designed to address hazards that may be intentionally introduced to foods, including by acts of …

    • FDA Draft Guidance for GRAS Panels: Unintended Consequence?June 5th, 2018

      Much to our surprise, we found the following recommendation for GRAS Panel members in FDA’s draft Guidance on GRAS Panels issued in November 16, 2017:  . . . avoid filling a gap in the available data and information through theoretical considerations and relevant experience – e.g., …

    • AMS’s Proposal for BE (Bioengineered) Labeling; A Number of Questions RemainMay 25th, 2018

      At long last, the Agricultural Marketing Service (AMS) of the USDA has issued the proposed rule for the National Bioengineered Food Disclosure Standard for food products that have been bioengineered. As readers of this blog know, the Agricultural Marketing Act of 1947 was amended on …

    • USDA Publishes Proposed Rule for National Bioengineered Food Disclosure StandardMay 4th, 2018

      USDA announced the publication of its much awaited proposed rule establishing a National Bioengineered Food Disclosure standard as mandated by Congress almost two years ago (for more on that law, see our prior posting here).  The rule is scheduled to publish in the Federal Register on …

    • GAO Report: USDA/FSIS Should Update Some of Its Food Safety StandardsMay 4th, 2018

      In 2015, Senators D. Feinstein, R. Durbin and K. Gillibrand asked GAO to investigate the U.S. Department of Agriculture’s (USDA’s) Food Safety and Inspection Service (FSIS) pathogen standards for meat and poultry products and identify any steps that FSIS could make to address food safety. …

    • What is Beef? Round TwoApril 20th, 2018

      As we previously reported, the United States Cattlemen’s Association (USCA) filed a Petition with the Food Safety and Inspection Service (FSIS), asking that FSIS establish formal definitions of “meat” and “beef” that exclude what petitioners call lab grown meat and products prepared from plant or …

    • The Food Labeling Modernization Act Is Back Again…April 12th, 2018

      On April 2, Rep. Frank Pallone, Jr. introduced the Food Labeling Modernization Act (FLMA) of 2018, an updated version of the FLMA of 2015. As we previously reported, the FLMA of 2015 was an updated version of the FLMA of 2013. The FLMA of 2018 differs …

    • Got Skim Milk? Dairy Farmer Sues FDA Over its Skim Milk RequirementsApril 10th, 2018

      On April 5, 2018, the Institute for Justice (IJ), on behalf of South Mountain Creamery (South Mountain), filed a complaint against the U.S. Food and Drug Administration (FDA) in the U.S. District Court for the Middle District of Pennsylvania, stating that the Agency is violating …

    • Second Circuit Affirms Preemptive Effect of Organic Food Production Act; a Clear Case of Conflict PreemptionApril 4th, 2018

      For anyone not familiar with the legal framework governing “organic” claims, first a brief summary. The Organic Food Production Act of 1990 (OFPA) established a process for organic certification by the United States Department of Agriculture Agricultural Marketing Service, National Organic Program (NOP). Under the …

    • The Wait is Over: USDA Withdraws the Organic Livestock and Poultry Practices RuleMarch 21st, 2018

      On March 12, 2018, the USDA announced its decision to withdraw the Organic Livestock and Poultry Practices (OLPP) final rule that was published on January 19, 2017. As previously discussed, the OLPP was essentially an animal welfare rule, establishing minimum indoor and outdoor space requirements for …

    • GAO Report Confirms the Obvious: Food Safety Has Been Driving the Bus at FDA’s FVM ProgramMarch 13th, 2018

      On March 5, 2018, GAO released to the public a report titled “Food Safety and Nutrition: FDA Can Build on Existing Efforts to Measure Progress and Implement Key Activities.” The report confirms that FDA’s Food and Veterinary Medicine (FVM) Program has been primarily preoccupied with …

    • FDA Issues Final Guidance on Dietary Fiber and Guidance Regarding Implementation of the 2016 Nutrition Labeling RulesMarch 2nd, 2018

      On March 1, 2018, FDA announced the release of several guidance documents: final guidance on Scientific Evaluation of the Evidence on the Beneficial Physiological Effects of Isolated or Synthetic Non-digestible Carbohydrates Submitted as Citizen Petition; final guidance on Reference Amounts Customarily Consumed: List of Products …

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