Food Safety Modernization Act

The Food Safety Modernization Act is a United States federal statute enacted in 2011 to ensure the safety of the U.S. food supply and prevent food contamination. The main features of the FSMA include expanding... more +
The Food Safety Modernization Act is a United States federal statute enacted in 2011 to ensure the safety of the U.S. food supply and prevent food contamination. The main features of the FSMA include expanding the FDA's inspection of food processing facilities and imported food products, requiring all food processors, manufactures and handlers to register with HHS and maintain food safety records, and shifting the government's focus away from responding to food contamination and towards preventing food contamination.  less -
News & Analysis as of

OSHA Issues New Whistleblower Rule Under Food Safety Modernization Act

The Occupational Safety and Health Administration (OSHA) has published an interim final rule implementing the whistleblower provision of the Food Safety Modernization Act (FSMA or the “Act”). The interim final rule became...more

Keeping It Clean: FDA Proposes New Food Transportation Rule

The US Food and Drug Administration (FDA) recently announced that it will publish the Sanitary Transportation of Human and Animal Food Proposed Rule after hosting a series of public meetings. This proposed rule will be the...more

Safeguarding FSMA's Protectors: OSHA Issues Interim Whistleblower Reporting Regulations

Our colleague, Alyson Palmer, noted on our Food Liability Law Blog that the U.S. Occupational Safety and Health Administration (OSHA) published an interim final rule on February 13, 2014 creating the process for handling...more

OSHA Issues Interim Final Rule for FSMA Whistleblower Claims

The new rule contains important guidance regarding several aspects of the Food Safety Modernization Act’s whistleblower provision. The Occupational Safety and Health Administration (OSHA) has issued an interim final...more

OSHA Issues New Rule for Food Safety Whistleblowers

Effective Thursday, February 13, 2014, the U.S. Occupational Safety and Health Administration (OSHA) published a final rule governing the agency's future handling of whistleblower complaints under Section 402 of the FDA Food...more

FSMA launches consultations on information obligations applicable to distribution of financial products to nonprofessional clients...

At the European level, the legislative process on the regulation of package retail investment products (“PRIPs”) reached a new peak in November 2013 when the European Parliament published its proposed amendments to the...more

A Preview Of Expected 2014 FDA And Legislative Actions Relating To The Food Industry

In This Issue: - Food Safety Modernization Act ..Produce Safety ..Human Food Risk Analysis ..Foreign Supplier Verification ..Accreditation of Food Safety Auditors ..Animal Food Risk...more

Polsinelli Podcast - Food Safety Modernization Act [Video]

Regulations have just been published impacting the food and animal food industries. The United States is undergoing its most comprehensive effort to reform U.S. Food Safety and Security Laws in more than 70 years. The Food...more

FDA Proposal Seeks to Prevent Food Terrorism

As FDA implements the various sections of the Food Safety Modernization Act (FSMA) through rulemaking, the agency continues to convey a pragmatic approach complicated by regulatory reality. With its latest proposal, FDA...more

Former Broker Banned by FCA for Encouraging Market Abuse

On November 14, the FCA published the final notice it has issued to Rahul Shah. The FCA’s statement is that Mr. Shah encouraged another person to engage in behavior which, had Mr. Shah engaged in that same behavior, would...more

Orrick's Financial Industry Week in Review - November 18, 2013

CFTC Staff Issues Advisory on Transaction-Level Requirements in Certain Cross-Border Situations - On November 14, CFTC issued advisory on the applicability of Dodd-Frank transaction-level requirements to swaps between...more

Food Safety Modernization Act Hits The Animal Food Industry

On October 29, 2013 (the “Publication Date”), the Food and Drug Administration (“FDA”) published in the Federal Register its latest set of proposed regulations implementing the Food Safety Modernization Act (“FSMA”). The...more

Newest Food Safety Rules Approach Deadline

In June, a federal judge in California ordered the U.S. Food and Drug Administration (“FDA”) to issue proposed rules for the Food Safety Modernization Act (“FSMA”) by November 30, 2013. In July, the agency requested an...more

FDA FSMA Extension of Comment Period Announced

The Food and Drug Administration (FDA) has announced that it will soon extend for 60 days the comment period on its proposed rules for (1) Foreign Supplier Verification Programs for Importers of Food for Humans and Animals...more

FDA Releases Good Manufacturing Practices for Animal Food

Proposed requirements dictate a substantial upgrade of the current regulatory standard of care. On October 29, the U.S. Food and Drug Administration (FDA or the Agency) issued a proposed rule—Current Good Manufacturing...more

LItigation Alert: Green & Rowley - the final chapter

In July 2013 the first English swaps mis-selling case reached the Court of Appeal. The appellants, John Green and Paul Rowley ("GR"), had hoped to overturn an earlier High Court judgment which had dismissed their claim in its...more

FSMA (OTC Derivatives, CCPs and TRs) (No. 2) Regulations Published

On August 5, the Financial Services and Markets Act 2000 (FSMA) (OTC Derivatives, Central Counterparties (CCPs) and Trade Repositories (TRs)) (No. 2) Regulations 2013 SI 2013/1908 were published....more

Agribusiness Alert: FDA Proposes Significant Regulatory Rules under FSMA related to Imported Foods, the Accreditation and Auditing...

The Food and Drug Administration (FDA) released for public comment two significant regulations promulgated under the 2011 Federal Food Safety Modernization Act (FSMA). The new regulations relate to food produced and processed...more

Food for Thought: Understanding FDA's Proposed Rules for Importers of Food and Dietary Supplements and How They May Impact Your...

With approximately 15% of all food consumed in the United States coming from overseas, the U.S. Food and Drug Administration (FDA) has renewed its focus on imported food safety and now seeks to place risk-based preventive...more

Financial Services and Markets Act 2000 Order 2013 Published in UK

The Order, which amends the existing Financial Services and Markets Act 2000 (Regulated Activities) Order (SI 2001/544), specifies additional activities which from April 1, 2014 will become “regulated activities” for the...more

FSMA Whistleblower Lawsuit Filed in Federal Court

Food industry should be aware of new risks associated with whistleblower protections for food and beverage company employees. On June 6, one of the first whistleblower lawsuits under the Food Safety Modernization Act...more

Should I Eat That? New Rules Propose Significant Requirements on Importers of Food and Dietary Supplements - Dietary Supplements...

As an ever-increasing amount of food we eat is from overseas, the challenge of assuring that imported food meets the same safety standards as food grown and produced in the United States continues. On July 29, 2013, the U.S....more

Food Litigation Newsletter - August 5, 2013

In This Issue: - Recent Significant Developments and Rulings ..VitaRain “Natural” Caffeine Claims Against Costco Rules Preempted ..Court Refuses To Certify Most “All Natural” Claims Against Kashi and Bear...more

New FDA Food Safety Rules Will Affect Foreign Food Suppliers, Foreign Food Producers, U.S. Food Importers

The U.S. Food and Drug Administration (FDA) has released two proposed rules, one governing foreign supplier verification and the other governing third-party audits and certification. Comments are due by November 26, 2013....more

Food Safety Regulatory Update: Court Imposes Deadlines on FDA to Promulgate and Implement FSMA Rules by 2015

On June 21, 2013, the United States District Court for the Northern District of California issued an order requiring the U.S. Food and Drug Administration (“FDA”) to publish regulations under the Food Safety Modernization Act...more

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