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News & Analysis as of

Safe Food Labeling Act — Less Label Clarity and Less Safety?

While Americans have been bombarded with news of Pokemon sightings, legislation concerning our food safety passed through the House, with barely a whisper from the mainstream media. The House of Representatives submitted...more

New Legislation in North Carolina Impacts the Agribusiness Industry

In the recently ended session in the General Assembly, Senate Bill 770 was enacted. This bill is entitled “An Act To Provide Further Regulatory Relief To The Agricultural Community.”...more

Major Federal Food Safety Law Depends on Individual State Enforcement

In 2011, Congress approved the FDA Food Safety Modernization Act in response to several deadly outbreaks of foodborne illnesses. These outbreaks convinced legislators and food industry groups that the then-existing food...more

Senate Agriculture Committee to Review GMO Labeling Bill

The Senate Agriculture Committee is in the process of moving forward with a GMO Labeling Bill. Committee Chairman Pat Roberts, R-Kansas, released a discussion draft of the bill in February, and has the support of the American...more

Legislative Update: GMO-Labeling Bill Moves to Full Senate

In a hearing this morning in the Senate Agriculture, Nutrition, and Forestry Committee, committee members voted 14-6, including all Republican members and three Democrats (Klobuchar (MN), Heitkamp (ND), and Donnelly (IN)), to...more

FDA creates new rigorous produce safety requirements

Over the last 10 years, a significant number of outbreaks of contaminated foods, including E. coli and Listeria, have caused severe adverse health events – even death – for many American consumers. In November 2015, the Food...more

FDA Releases Two Final Food Safety Rules: What You Need to Know

Progress on Final Rules implementing the Food Safety Modernization Act (FSMA) took a significant step forward last week when FDA released its first two, comprising the final rules on Current Good Manufacturing Practice and...more

FDA Finalizes First Two Rules Under FSMA

On September 10, 2015, the U.S. Food and Drug Administration (FDA) finalized its long-anticipated preventive control rules for human and animal food under the Food Safety Modernization Act (FSMA). The Current Good...more

FDA Releases Initial FSMA Final Rules

Today the U.S. Food and Drug Administration released the first two final rules that implement the Food Safety and Modernization Act ("FSMA"). The Preventive Controls for Human Food Rule sets new safety requirements for...more

Food and Beverage Alert (US)

This regular publication by DLA Piper lawyers focuses on helping clients navigate the ever-changing business, legal and regulatory landscape. Blue Bell resumes ice cream production in Alabama. The Alabama Department...more

The Patchwork Solidifies: GMO Bill Moves Forward in the House

The proposed Federal regulation of GMOs is proceeding. Following the White House’s recent action on GMOs, Representative Pompeo’s “Safe and Accurate Food Labeling Act” (H.R. 1599) was passed by the House Agriculture Committee...more

WRI Report Concludes Biofuels Competing With Food Sources

The World Resources Institute (WRI) issued a working paper, "Avoiding Bioenergy Competition for Food Crops and Land," as part of its series on "Creating a Sustainable Food Future." ...more

State of the GMO Union

Just how hot is GMO-labeling legislation? On Jan. 6, 2015, a Republican state senator introduced just such a bill - in Indiana, the nation’s breadbasket. Still, federal legislation on both sides of the issue has stalled, the...more

Ho Ho Ho GMO! The 2014 GMO Legislation Scorecard

This has been a big year for GMO legislation. In 2014 alone, 25 states have proposed 67 pieces of legislation aimed either at the labeling of products containing GMOs or at the ban of GMO-containing crops. While this space...more

Growing Michigan - Fourth Quarter 2014

In This Issue: - GAPPs Improve Michigan Food Processing - 30 Projects Announced to Support Michigan Specialty Crop Growers - Proposed Privacy Fences Around Michigan Apiaries - Great Lakes Ag-Tech...more

GAPP Improves Michigan Food Processing

The Michigan Commission of Agriculture and Rural Development recently adopted Generally Accepted Processing Practices ("GAPPs"), which serve to promote and grow a healthy food processing industry in Michigan. Functioning...more

Mushroom Growers Denied Capper-Volstead Antitrust Immunity

On October 14, 2014, the Eastern District of Pennsylvania denied a motion for reconsideration brought by members and affiliates of the former Eastern Mushroom Marketing Cooperative (EMMC). In re Mushroom Direct Purchaser...more

FDA Publishes Four Key Supplemental Proposed Rules Under the Food Safety Modernization Act

The Food and Drug Administration (FDA) Food Safety Modernization Act (FSMA) was signed into law on January 4, 2011. This groundbreaking piece of legislation is aimed at improving FDA’s capacity to prevent, detect, and respond...more

House Subcommittee Questions Department of Labor’s Enforcement of “Hot Goods” Provision

The House Agriculture Subcommittee on Horticulture recently held a hearing to address growing concerns that the U.S. Department of Labor (DOL) is using the "hot goods" provision of the Fair Labor Standards Act of 1938 (FLSA)...more

Organic Internet Growth: New .ORGANIC Domain Names Launch

If an organic standards body has approved you or your product, you are likely eligible to register an .organic domain name. Interested brand owners should apply as soon as possible and before the sunrise period closes on...more

USDA Announces Value-Added Producer Grants To Support The Bioeconomy

On August 19, 2014, the U.S. Department of Agriculture (USDA) announced that the Agency is investing $25 million to support 247 businesses throughout the country under the Value-Added Producer Grant program (the program). The...more

Foreign Food Producers Play Catch-Up as FDA Issues Draft Regulations to Implement New Food Safety Standards

The U.S. Food and Drug Administration (FDA) is in the process of implementing sweeping new regulations governing the production of both domestic and imported food products. Many foreign food producers will be at a...more

FDA Proposes Significant Changes to Food Safety Regulations to Secure Nation's Food Supply

Food companies and farmers should be aware that they have approximately 4 months to provide their comments to the FDA regarding its proposed new food safety standards. On January 4, 2013, the FDA proposed two new regulations...more

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