The U.S. Food and Drug Administration’s (FDA) March 2025 publication of its new “Chemical Contaminants Transparency Tool” spotlighted a lesser-known aspect of FDA’s regulation of pesticide residues on food: action levels....more
Just before the change in administration, the Food and Drug Administration (FDA) made headlines by revoking approvals to use the color additive FD&C Red Dye No. 3 in food after January 15, 2027. This was the latest example of...more
According to a March 21, 2025 report issued by the U.S. Department of Agriculture (USDA)’s Foreign Agricultural Service, the scope of Mexico’s recent ban on the cultivation of genetically engineered (GE) corn is “ambiguous”...more
Key Takeaways -
What Happened: HHS Secretary Kennedy directed FDA to consider removing the current self-affirmation pathway for determining that a food ingredient is Generally Recognized as Safe (GRAS)....more
Signaling renewed interest in a longstanding area of tension between federal and California labeling requirements for pesticide products, the U.S. Environmental Protection Agency (EPA) recently extended the public comment...more
Overview -
Following our post-election Alert outlining major anticipated themes for environmental and natural resource law and policy in the second Trump administration, leaders from a number of our practices – many of...more
The U.S. Department of Agriculture (USDA) Animal and Plant Health Inspection Service (APHIS) announced an abrupt reversion to its pre-2020 approach to biotechnology regulation on December 19, in the wake of a December 2...more
On August 16, 2024, the U.S. Department of Agriculture’s (USDA) Natural Resources Conservation Service (NRCS) issued a Request for Information (RFI) seeking input on its formulation of processes, priorities, and criteria for...more
On May 8, 2024, the U.S. Environmental Protection Agency (EPA), U.S. Department of Agriculture (USDA), and U.S. Food and Drug Administration (FDA) released a joint plan to identify areas of ambiguity, gaps, or uncertainty in...more
Key Takeaways -
What Happened: Florida passed a ban on the manufacture and sale of cultivated meat. Who’s Impacted: Cultivated meat manufacturers and distributors....more
Background -
Under the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA), the U.S. Environmental Protection Agency (EPA or the Agency) must approve all pesticide product label language through the registration...more
The U.S. Environmental Protection Agency (EPA) officially reinstated all tolerances for chlorpyrifos on February 5, 2024, undoing a prior rule that had halted chlorpyrifos use on all food and feed commodities in early 2022....more
Agriculture is on the very frontlines of our changing climate. Climate change directly affects many of the most fundamental aspects of agricultural production: the length of crop growing seasons; the ranges of insects, weeds,...more
Key Takeaways -
• What Happened: EPA published an update on its work and plans as the October 1 registration review deadline approaches for many pesticides. Consistent with the governing statute, EPA confirmed that...more
On September 12, 2022, President Biden issued an Executive Order (EO) calling on his Administration to renew efforts to improve the clarity and efficiency of regulatory processes for biotechnology products. Launching a new...more
On June 30, 2022, the U.S. Environmental Protection Agency (EPA) Office of Inspector General (OIG) issued a report titled “Additional Internal Controls Would Improve the EPA’s System for Electronic Disclosure of Environmental...more
What Happened: EPA activated its Emerging Viral Pathogens guidance to permit limited claims that certain registered pesticides are effective against the monkeypox virus.
Who’s Impacted: Manufacturers and distributors of...more
Key Takeaways:
• What Happened: EPA has indefinitely extended its activation of the emerging viral pathogens guidance for antimicrobial pesticides, permitting registrants with a pre-qualified “emerging viral pathogen...more
Update -
In response to stakeholder requests, USDA-FSIS has extended the comment period for its proposed rule to December 3, 2021.
On September 3, 2021, the U.S. Department of Agriculture, Food Safety and Inspection...more
Key Takeaways -
• What happened: EPA announced that it will retract the temporary amendments to Pesticide Registration (“PR”) Notice 98-10, originally issued by EPA in March 2020. These amendments were intended to provide...more
On September 3, 2021, the U.S. Department of Agriculture, Food Safety and Inspection Service (USDA-FSIS) opened a comment period in advance of a proposed rule on labeling requirements for meat and poultry products comprised...more
The U.S. Environmental Protection Agency (EPA) has historically used its civil enforcement authority under the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) to pursue most penalties associated with the...more
On May 19, 2021, Senators Rand Paul (R-KY), Ron Wyden (D-OR), and Jeff Merkley (D-OR) introduced the Hemp Access and Consumer Safety Act of 2021 (SB 1698), which would address long-standing regulatory uncertainty facing...more
On June 17, the U.S. Supreme Court held that U.S. corporations are not liable for alleged abuses against non-U.S. citizens in foreign countries merely because general operational decisions made in the United States...more
Congress and the Biden Administration recently have taken substantial steps toward facilitating land-based solutions to global climate change, including measures specifically focused on agriculture. These actions would...more