News & Analysis as of

U.S. Department of Agriculture

Washington to Become the First State to Certify Organic Cannabis

by Garvey Schubert Barer on

On May 16, 2017, Washington Governor Jay Inslee signed GOP-sponsored Senate Bill 5131 to allow Washington State to be the first state in the nation to create a program to certify cannabis products as organic. The new law...more

Eyes on Washington: FY 2018 Budget Request

by Holland & Knight LLP on

The Trump Administration on May 23, 2017, released a full budget blueprint for FY 2018, titled A New Foundation for American Greatness. The full FY 2018 budget proposal is based on the March 2017 "skinny" budget outline. The...more

Window on Washington - This Week in the Nation's Capital - Vol. 1, Issue 9

by Clark Hill PLC on

Agriculture - Lawmakers to Introduce Organic Research Funding Bill: A bipartisan trio of House lawmakers were set to introduce legislation late May 16 that would boost Department of Agriculture funding for research into...more

Food, Dietary Supplement & Cosmetics Regulatory Update Vol. IV | Issue 4

by Jones Day on

On May 9, 2017, the Senate confirmed Dr. Scott Gottlieb as the next FDA commissioner. With a 57-42 vote, the Senate filled the commissioner position most recently held by Dr. Robert Califf, who resigned in January 2017 and...more

USDA Schedules Public Meetings on Proposed GE Organism Regulations

by Bergeson & Campbell, P.C. on

On May 18, 2017, the U.S. Department of Agriculture’s (USDA) Animal and Plant Health Inspection Service (APHIS) published a notice in the Federal Register announcing the dates it would be hosting three public meetings to...more

Food and Beverage News and Trends - May 2017

by DLA Piper on

How FDA and USDA fare in the federal budget agreement. Rejecting cuts that had been proposed by the Trump Administration, the Congressional federal budget agreement increases funding for USDA and FDA programs supporting such...more

Governor Christie Right-Sizes Pet Purchase Protection Law (Mostly)

by Fox Rothschild LLP on

Governor Christie issued a conditional veto on May 1, 2017, amending S 3041 significantly and correcting some constitutional deficiencies in the existing law (New Jersey’s Pet Purchase Protection Act) as well as glaring...more

USDA Seeks Comment On Revision To Information Collection For The Advanced Biofuel Payment Program

by Bergeson & Campbell, P.C. on

On April 25, 2017, the U.S. Department of Agriculture’s (USDA) Rural Business-Cooperative Service published in the Federal Register a notice that it is requesting approval from the Office of Management and Budget (OMB) of a...more

Mislabeled Food Products Risk Allergic Reaction

by Wilson Elser on

About 80 percent of all food products are regulated by the Food and Drug Administration (FDA). The U.S. Department of Agriculture (USDA) regulates meat, poultry and egg products. Both agencies have regulations governing food...more

Window on Washington - This Week in the Nation's Capital - April 28, 2017 Vol. 1, Issue 6

by Clark Hill PLC on

Budget Release: Congressional staff is suggesting that the President’s full 2018 budget should be released on May 22nd. Continuing Resolution: The House gave lawmakers one more week to agree on a spending bill to fund...more

Food and Beverage News and Trends - April 2017

by DLA Piper on

Six consumer groups ask major food companies to oppose regulatory reform bill. On April 11, a coalition of six consumer organizations sent a letter to 11 major food manufacturers, retailers and restaurant chains, calling upon...more

Federal Court Invalidates Air Reporting Exemption For Large-Scale Livestock Operations

by Bergeson & Campbell, P.C. on

On April 11, 2017, the U.S. Court of Appeals for the District of Columbia issued a decision vacating the U.S. Environmental Protection Agency’s (EPA) rule exempting livestock feeding operations from air reporting requirements...more

Update On Efforts To Protect The U.S. Food Supply From Agroterrorism

by Fox Rothschild LLP on

The recent horrific attacks in Syria reminded me of the concerns following 9/11 about potential attacks on livestock and poultry. Those concerns rose to the highest echelon in our government and others, exemplified by the...more

Uncertainty Abounds for Food Labeling Rules

In the next year, a number of pending FDA and USDA regulatory proposals threaten to upend the food manufacturing environment and may result in food and beverage companies being forced to change their labels (and possibly...more

Food and Beverage News and Trends - March 2017 #3

by DLA Piper on

This regular publication by DLA Piper lawyers focuses on helping clients navigate the ever-changing business, legal and regulatory landscape. Milk industry executive calls for FDA action against plant milks. At a US...more

Pet Store Owners Will Be Criminals If California’s AB485 Becomes Law

by Fox Rothschild LLP on

California AB485 will criminalize what has been considered lawful interstate commerce since at least 1966, when Congress first passed the Animal Welfare Act, 7. U.S.C. §2131 et seq....more

National Academies Report Finds Future Biotechnology Products May Overwhelm Agencies

by Bergeson & Campbell, P.C. on

On March 9, 2017, the National Academies of Sciences, Engineering, and Medicine (National Academies) published a report entitled Preparing for Future Products of Biotechnology, prepared by the Committee on Future...more

USDA Warns Canada-EU Trade Agreement Could Impact US Alcohol Beverage Exports

by McDermott Will & Emery on

US exporters of alcohol beverages to Canada will soon face stiffer competition from their European rivals. The Canada-European Union Comprehensive Economic and Trade Agreement (CETA) is expected to come into force by June 1,...more

DOE Announced Biomass Technical Advisory Meeting

by Bergeson & Campbell, P.C. on

On March 8, 2017, the U.S. Department of Energy’s (DOE) Office of Energy Efficiency and Renewable Energy (EERE) published a notice in the Federal Register regarding an open meeting of the Biomass Research and Development...more

Biorefinery, Renewable Chemical, and Biobased Product Manufacturing Assistance Program

by Bergeson & Campbell, P.C. on

On February 17, 2017, the U.S. Department of Agriculture (USDA) announced it is accepting applications for the Biorefinery, Renewable Chemical, and Biobased Product Manufacturing Assistance Program. The Program provides...more

USDA Extends Comment Period On Biobased Product Categories For Federal Procurement

by Bergeson & Campbell, P.C. on

On February 21, 2017, USDA announced in the Federal Register that the comment period for the Designation of Product Categories for Federal Procurement proposed rule had been extended. The proposed rule aims to amend the...more

Final Rule Affecting Organic Livestock and Poultry Producers Put on Hold

by Barley Snyder on

As Barley Snyder follows the evolution of the Organic Livestock and Poultry Practices Final Rule, the Agricultural Marketing Service of the USDA recently announced the effective date of the rule has been delayed to May 19 --...more

The Beginning of the National Bioengineered Food Disclosure Standard

by King & Spalding on

In our last issue of the International Food Law Gazette, we reported on the changing legal landscape for the labeling of genetically engineered (GE) foods (more commonly referred to as genetically modified organisms, or GMO)....more

Update: GMO labeling regs get Trumped

by Thompson Coburn LLP on

The Trump Administration’s latest executive orders have effectively prevented the USDA from promulgating rules on GMO food labeling. The development will likely throw a wrench in the USDA’s anticipated plans to give more...more

Marketing Genetically Engineered Crops Just Got Easier: CRISPR Deletion Mutant Crops May Face Reduced Regulatory Hurdles

From the earliest days of recombinant DNA technology, there has been worry in the policy community and among the public about the release and consumption of genetically engineered (GE) crops, especially crops for human...more

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