Food Manufacturers Food Safety Modernization Act

News & Analysis as of

Product Contamination: Strong Underwriting is Key

In 2011, the Food Safety Modernization Act, regarded by many as a major reform of the food safety provisions of the Federal Food, Drug and Cosmetic Act, significantly expanded the powers of the U.S. Food and Drug...more

The new look of FDA food facility registration: Human and animal food companies beware

The food industry has long been familiar with the requirement that facilities involved in the handling, packing, holding, storing, manufacturing or other processing of food must register with the Food and Drug Administration....more

FDA Releases Draft Guidance on Customer Disclosure Statements for Uncontrolled Hazards in Human and Animal Foods

The U.S. Food and Drug Administration (FDA) released draft guidance on October 28, 2016, offering insight into customer disclosure statements required for certain food and feed products that have not, under the Food Safety...more

The Recall Button Doesn't Have to Be a Panic Button

In recent years, the food industry has experienced a dramatic increase in recalls, withdrawals and contamination events. The U.S. Department of Agriculture’s Food Safety and Inspection Service (FSIS) requested or monitored...more

Pondering Public Disclosure & FSMA Records

Remember last month when we said to DOCUMENT EVERYTHING under the Food Safety Modernization Act (FSMA)? Well, here’s some more context for that recommendation. For one, FSMA adds a substantial amount of documentation and...more

5 legal trends food and agriculture companies need to know about

Thompson Coburn recently sponsored the 37th annual 2016 American Agricultural Law Association (AALA) Symposium in Oklahoma City. I had the honor to help plan the event, speak on food labeling issues, and moderate a panel on...more

Regulatory and Product Liability Overview for Distributors of Food Products in California

Welcome to California! California is a great place to live and work, and we are fortunate to call it home. But there is no sugarcoating the fact that California presents unique and daunting challenges to product...more

Thompson Coburn presents a CLE on FSMA, looming deadlines and new regulations: Is the food industry ready?

The US Food and Drug Administration continues its ongoing implementation of the Food Safety Modernization Act of 2011 (FSMA). The law, which aimed to take the first hard look at the American food supply in decades, has...more

Responsibility for FSMA Preventive Controls: If Not You, Then Who?

We wrote earlier this week about the Food Safety Modernization Act (FSMA) and what it means, from a 30,000 foot perspective, for food companies. Today we are going to dig in a little deeper to one issue that we’ve seen...more

[Webinar] Statutory Changes, New Regulations, and Compliance Deadlines Under the Food Safety Modernization Act - October 4th,...

This online presentation will discuss the revisions to the Food Safety and Modernization Act as well as the regulations implementing the Act. The primary focus of the presentation will be on the new rules affecting food...more

Food and Beverage Alert - September 2016

This regular publication by DLA Piper lawyers focuses on helping clients navigate the ever-changing business, legal and regulatory landscape. Colorado judge permits Boulder initiative on sugary drinks to proceed. A...more

Summer Vacay? Not for FDA.

While you were (hopefully) lounging at the beach or hiking mountains, the FDA was hard at work in Washington D.C. churning out final rules and guidance documents that impact food companies in various, and sometimes...more

New FSMA Compliance Deadlines Impact Written Customer Assurances

In an August 23 action, the U.S. Food and Drug Administration (FDA) extended a range of compliance dates and clarified compliance obligations for provisions within four foundational rules set forth by the Food Safety...more

That’s Tainted! What Employers Should Know About OSHA’s Enforcement of the Food Safety Modernization Act

Lost in all the landscape-altering changes made by OSHA during the last 18 months was its adoption of enforcement procedures for handling retaliation claims under the FDA’s Food Safety Modernization Act (“FSMA”). Employers...more

The updated face of food labels: The nutrition facts panel

Under the Food Safety Modernization Act (FSMA), the federal Food and Drug Administration has recently published two rules concerning the nutrition facts panel on foods and the supplement facts panel on dietary supplements....more

Food and Beverage Law Update: August 2016

When food and beverage companies think of their largest risks, data breaches have not historically come to mind, but this is changing because of reports in the past few months of major breaches by companies such as Noodles &...more

Protecting Food Industry Whistleblowers: FDA, OSHA team up under FSMA

In 2011, when the Food Safety Modernization Act was passed, it sought to revamp food safety in the United States. Since then, the Food and Drug Administration (FDA) has been hard at work passing regulations to implement the...more

Terrorism Regulations Finish FDA's FSMA Implementation

The U.S. Food and Drug Administration (FDA) recently released the last of its rules crafted to enforce the Food Safety Modernization Act (FSMA). These most recent rules aim to prevent the intentional adulteration of food in...more

The Last Set of Major FSMA Regulations Are Done!

The last of FDA’s seven “foundational” rules mandated under the Food Safety Modernization Act of 2011 (FSMA) was published at the end of last month, just a few days before the May 31, 2016 deadline agreed to by the Agency...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

The Legal Angle On General Mills Recall Of 10 Million Pounds Of Flour

What happened? On May 31, General Mills issued a voluntary recall (http://www.generalmills.com/flour/) of more than 10 million pounds of flour. Between mid-December 2015 and early May 2016, thirty-eight people have been...more

FSMA Food Defense Rule Requires Firms to Address Risk of Terrorism

In an effort to prevent wide-scale public harm through the nation’s food supply from acts of terrorism, the U.S. Food and Drug Administration (FDA) has published its final rule regarding Mitigation Strategies to Protect Food...more

FDA Issues Final Rules That Change Nutrition Facts Labels

No more sugar coating—the Rules impose new label requirements, and manufacturers will incur additional costs. The US Food and Drug Administration (FDA or the Agency) has announced the issuance of two new final rules: one...more

FDA Publishes Final Rule for Protection Against Intentional Adulteration as Part of Food Safety Modernization Act

FDA has published as part of the Food Safety Modernization Act (FSMA) a final rule concerning mitigation strategies to protect food against intentional adulteration. The rule will require domestic and foreign food facilities...more

FDA Releases Draft Guidance on Determining What Constitutes a “Qualified Facility” under FSMA Preventive Controls Rules

On Friday, the FDA announced the availability of a draft guidance describing its current thinking on how to determine whether a business is a “qualified facility” that is subject to modified requirements under its previously...more

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