Food Safety

News & Analysis as of

Food for Thought: Ninth Circuit Rejects GMO and Pesticide Bans in Three Hawaii Counties Because State and Federal Laws Preempt the...

Alika Atay et al v. County of Maui, et al, No. 15-16466 (9th Cir., Nov. 18, 2016) - Hawai’i Papaya Indus. Assn., et al v. County of Hawaii, No. 14-17538 (9th Circ., Nov. 18, 2016) - Robert Ito Farm, Inc., et al. v. County...more

3 Steps Food Manufacturers Can Take Now To Prepare For Federal Labeling Regulations

Consumers seem to be more eager than ever to know what they are eating and what journey it traveled to move from farm to table. In this era of authenticity, artificial is out; organic is in....more

FDA Continues FSMA Implementation, Finalizes Guidance on Voluntary Qualified Importer Program to Expedite Food Imports

The Food & Drug Administration (FDA) released last week a final version of its guidance for industry on the Voluntary Qualified Importer Program (VQIP), which will provide a mechanism for eligible food importers to expedite...more

The Cannabis Industry: Burning Batteries, Tasty Treats and Budding Product Liability Litigation

Pot smokers are not the only ones lining up outside the local dispensaries; plaintiff personal injury attorneys are as well. Watching, lurking, waiting with dollar signs in their eyes for the chance to seek punitive damages,...more

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

You Should Know - November 2016

Four Steps to a Food-Safe - Thanksgiving – and Beyond - That post-Halloween sugar high is finally burning away, which means pre-holiday meal planning can begin! Gathering around the family table to share food is a...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

$18 Million Fine Levied for Campaign Finance Violation in Washington State

On November 3, 2016, a Thurston County Superior Court judge levied an $18 million penalty against a trade association for violations of Washington campaign finance laws. This is believed to be the largest campaign finance...more

Updated FSIS guidance on raising animal label claims: What agribusinesses need to know

Primary responsibility for ensuring the truthfulness of labels on meat, poultry, and egg products resides with the Food Safety and Inspection Service (FSIS). The FSIS is the public health agency of the U.S. Department of...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

CMS Issues Sweeping Final Rule, Significantly Changing the Requirements for Long-Term Care Facilities Participating in the...

On September 28, 2016, the Centers for Medicare & Medicaid Services (CMS) issued a final rule comprehensively updating and extensively revising the requirements for participation (ROPs) for long-term care (LTC) facilities...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

Setting The Table - October 2016: The Buck Starts Here - What Shippers and Brokers Must Do to Comply with FSMA’s Sanitary...

In Spring 2016, the FDA released its long-awaited Final Rule on Sanitary Transportation of Human and Animal Food (the “Rule”). The regulation, which constitutes one of seven final rules implementing the Food Safety and...more

Food and Beverage News and Trends - October 2016

FDA seeks public comment on possible revision of its definition of "healthy" on food labels. The FDA has begun an initiative to revisit its legal definition of "healthy" as used by manufacturers on food labels. In a September...more

No Small Potatoes: Patenting Spuds in an Era of Gene Silencing

During a 1911 journey—in which he would discover Machu Picchu—Hiram Bingham’s exploration party came across native Peruvians who “lived almost entirely on gruel made from chuño, frozen bitter potatoes. Little else than...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

Health Alert (Australia) September 19, 2016

In This Issue: - Judgments; Legislation; and Reports. - Excerpts from Judgments: South Australia - 13 September 2016 - Dang Pharmacy P/L v Dang [2016] SADC 106 - This is a review of a decision by...more

Manic Monday: FSMA Compliance Starts Today!

Today, Sept. 19, 2016, is a big day for the food industry. It is the first compliance deadline for regulations under the Food Safety Modernization Act (FSMA) – the law we’ve been talking about since 2011, the law touted as...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

WTO Panel Report: Russia – Pigs (EU)

Decision: A WTO Panel has ruled that the Russian Federation violated its WTO obligations by imposing an EU-wide ban on live pigs and pork products, in breach of the food safety rules of the WTO Agreement on the...more

‘Where’s the beef?’ The FCA and its whistleblower protections

Thirty-two years ago, 81-year-old actress Clara Peller filmed a commercial for the Wendy’s fast-food chain. She mar­veled at a hamburger with an enormous fluffy bun and grum­bled the immortal words: “Where’s the beef?” Since...more

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