Food Safety

News & Analysis as of

FDA Issues Final Rule on Sanitary Transportation of Food

The Rule is broad in scope and reaches nearly every party involved in the shipment of food through the United States. On April 6, the Food and Drug Administration (FDA) published its final rule governing the sanitary...more

Blowing the Whistle on Food Safety: OSHA Issues a Final Rule Related to FDCA Complaints

On April 18, 2016, the U.S. Department of Labor’s Occupational Safety and Health Administration (OSHA) announced that it has issued procedural rules for enforcement of whistleblower complaints alleging violations of the...more

FSMA Final Rule Published on Sanitary Transportation of Human and Animal Food

The Final Rule contains notable changes from what was originally proposed. The US Food and Drug Administration (FDA) published its final rule earlier this month regarding Sanitary Transportation of Human and Animal Food...more

A Decade Later, Rules for the Sanitary Transportation of Food Finally Finalized by FDA

Last week, FDA finalized new food safety regulations seeking to ensure the sanitary transport of human and animal food, as required under the Food Safety Modernization Act (FSMA). The final Sanitary Transportation of Human...more

Food and Beverage News and Trends Series - April 2016

This regular publication by DLA Piper lawyers focuses on helping clients navigate the ever-changing business, legal and regulatory landscape. Four major companies announce voluntary GMO labeling. Four major food...more

FDA Publishes Sixth FSMA Final Rule on Sanitary Transportation of Human and Animal Food

The U.S. Food and Drug Administration ("FDA") today officially published the sixth of seven total final rules implementing the Food Safety Modernization Act ("FSMA"). The final rule on Sanitary Transportation of Human and...more

Final FSMA Sanitary Transport Rule Published by FDA with Significant Changes

The U.S. Food and Drug Administration (FDA) has published its final rule regarding the Sanitary Transportation of Human and Animal Food (“Sanitary Transport Rule”). Applicable to shippers, loaders, receivers, and carriers of...more

Important Developments for Prop 65 Application to BPA

California’s Office of Environmental Health Hazard Assessment takes action to address BPA exposures and upcoming warning requirements under Proposition 65. On March 17, California’s Office of Environmental Health Hazard...more

Food and Beverage News and Trends - March 2016 #2

This regular publication by DLA Piper lawyers focuses on helping clients navigate the ever-changing business, legal and regulatory landscape....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

Insurance Recovery Law - March 2016

High Times in the Insurance Industry: Colorado Federal Court Considers Coverage for Medical Marijuana Business - Why it matters: With legalized marijuana businesses booming, a new decision from a Colorado federal court...more

FDA Final Rule for Foods and Cosmetics Aims to Reduce Risk of Mad Cow Exposure

On March 18, 2016 the FDA issued its final rule prohibiting the use of certain cattle material in human foods, dietary supplements, and cosmetics. The rule is focused on reducing the risk of human exposure to bovine...more

Reviving a Forgotten Fad: Three Judges Lift Stays of Evaporated Cane Juice Claims

We’ve all heard about food fads: Paleo, artisanal, farm-to-table. But what about food litigation fads? Plaintiffs’ lawyers must scour the same grocery aisles, judging from their past “sweet tooth” obsession with...more

FDA Delays Enforcement of Restaurant Menu Labeling Rule

This week, the Food and Drug Administration’s (FDA) Director of the Center for Food Safety and Applied Nutrition (CFSAN) formally announced that the agency will delay enforcement of its final rule entitled “Food Labeling;...more

Court of Justice of the European Union Confirms Mandatory Labelling Requirements for Citrus Fruits

The Court of Justice of the European Union (“CJEU”) has upheld the General Court’s decision from 2014 and confirmed that it is compulsory in the EU to mention on the labels of certain citrus fruits the preserving agents or...more

Food and Beverage News and Trends - March 2016

This regular publication by DLA Piper lawyers focuses on helping clients navigate the ever-changing business, legal and regulatory landscape. Senate confirms new FDA commissioner. On February 24, the US Senate confirmed,...more

Food Safety Criminal Prosecutions: When Compliance is a Matter of Life and Death

Over the last ten to twenty years, we have witnessed the expansion of federal criminal prosecution of health and safety matters. Environmental and food and drug regulatory enforcement has been supplemented by aggressive...more

Food Labeling: The GMO Edition

On February 22, a packed room of food technologists and cereal chemists in Minneapolis heard from a panel of speakers about the hot debate surrounding GMO-labeling, an issue that is unlikely to be resolved any time soon....more

After WTO Battle, USDA Issues Final Rule Lifting Pork and Beef COOL Requirements

Today, following a protracted legal battle at the WTO, USDA issued a final rule removing mandatory Country of Origin Labeling (COOL) requirements for muscle cut and ground beef and pork. Beginning in 2008, Canada and...more

Coalition Challenges National Marine Fisheries Service Rules for Regulating Offshore Aquaculture in the Gulf of Mexico

On February 12th, a coalition led by the Center for Food Safety filed suit in the U.S. District Court for the Eastern District of Louisiana challenging the National Marine Fisheries Service’s (“NMFS”) final rule implementing...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

EFSA Begins Public Consultation on Draft Guidance on the Preparation and Presentation of an Application for Authorization of a...

The European Food Safety Authority (EFSA) has begun a public consultation on its draft guidance on the preparation and presentation of an application for authorization of a novel food. As reported in our December 22, 2015,...more

Preemption Defense in the Ninth Circuit Is “Not Dead Yet”

Monty Python and the Holy Grail (1975) contained a scene where bodies of plague victims were brought out to the curb for collection via a cart whether or not they properly belonged there. One living fellow insists on not...more

The European Commission Takes Back the Reins on Novel Food

In order to update the legislation regarding novel food which has been in place for almost 20 years, the European Parliament adopted on November 16, 2015 a new regulation 2015/2283 in order to respond to the food industry’s...more

New Final USDA Rule to Reduce Salmonella and Campylobacter in Poultry

On February 4, 2016, the U.S. Department of Agriculture (USDA) Food Safety and Inspection Service (FSIS) announced the issuance of its final rule designed to reduce Salmonella and Campylobacter in raw chicken breasts, legs...more

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