Last month, the US Department of Agriculture (USDA) Food Safety and Inspection Service (FSIS) published an updated Guideline on Substantiating Animal-Raising or Environment-Related Labeling Claims....more
On August 7, 2024, the United States Department of Agriculture’s (USDA) Food Safety and Inspection Service (FSIS) published its updated “Salmonella Framework for Raw Poultry Products” consisting of a proposed rule and...more
The White House Office of Management and Budget (OMB) recently released the Spring 2024 Unified Agenda of Regulatory and Deregulatory Actions, which outlines the rulemaking actions currently under development by each federal...more
The June 28, 2024 U.S. Supreme Court decision in Loper Bright Enterprises v. Secretary of Commerce overruled the administrative-law doctrine known as “Chevron deference”, which had been in place since 1984. The decision marks...more
On June 28, 2024, the U.S. Department of Agriculture (USDA) Agricultural Marketing Service (AMS) published a proposed rule “Fair and Competitive Livestock and Poultry Markets,” which would define the types of conduct and...more
On June 10, 2024, the U.S. Department of Agriculture (USDA) published its proposed rule “Poultry Grower Payment Systems and Capital Improvement Systems,” which USDA says will expand protections for broiler growers under the...more
On May 23, the U.S. Department of Agriculture’s (USDA’s) Food Safety and Inspection Service (FSIS) published final guidelines to assist establishments and non-profits that donate or receive donated meat, poultry, and egg...more
On April 26, 2024, the U.S. Department of Agriculture (USDA) Food Safety and Inspection Service (FSIS) announced its final determination to declare Salmonella an adulterant in not-ready-to-eat (NRTE) but appears ready-to-eat...more
On March 11, 2024, the U.S. Department of Agriculture (USDA) Food Safety and Inspection Service (FSIS) announced in prepublication form a final rule establishing the requirements for voluntary United States-origin label...more
On March 6, 2024, the U.S. Department of Agriculture (USDA) finalized its Inclusive Competition rule expanding protections for livestock and poultry farmers under the Packers and Stockyards Act (PSA). The final rule carries...more
2024 is poised to be a big year for food regulation, particularly as federal agencies work to implement their regulatory agendas in preparation for a possible change in administration after the 2024 election. Here are the key...more
The White House Office of Management and Budget (OMB) recently released the Fall 2023 Unified Agenda of Regulatory and Deregulatory Actions, which outlines the rulemaking actions currently under development by each federal...more
On November 2, 2023, the U.S. Department of Agriculture (USDA) published a final rule amending the National Organic Program (NOP) Organic Livestock and Poultry Standards (OLPS Rule). The OLPS Rule adds specific requirements...more
On November 28, 2023, the United States Department of Agriculture’s (USDA’s) Agriculture Marketing Service (AMS) published a final rule entitled, Transparency in Poultry Grower Contracting and Tournaments (the Transparency...more
A state court has issued an order staying enforcement of California’s Proposition 12 for noncompliant pork in the supply chain as of July 1, 2023, permitting it to be sold through in California until December 31, 2023....more
The Supreme Court issued a decision on May 11, 2023, upholding California’s Proposition 12 against a challenge under the U.S. Constitution’s Dormant Commerce Clause. Proposition 12 is a ballot initiative passed by the state’s...more
On April 25, 2023, the U.S. Department of Agriculture (USDA) Food Safety and Inspection Service (FSIS) announced its proposed determination to declare Salmonella an adulterant in not-ready-to-eat (NRTE) but appears...more
The U.S. Food and Drug Administration (FDA) is requesting comment on the availability of nutrition, ingredient, and allergen information online for packaged foods sold through online grocery shopping platforms. FDA explains...more
Welcome to A Seat at the Table, Hogan Lovells Monthly Food Digest, where we share our thoughts and insights about some of the past month’s more notable developments when it comes to food regulation....more
The U.S. Department of Agriculture (USDA) Food Safety and Inspection Service (FSIS) announced a proposed rule that would change the criteria for making voluntary “Product of USA” or “Made in USA” claims for meat, poultry, and...more
We’re a few weeks into 2023, and while some new year’s resolutions may have already fallen to the wayside, there are plenty of food law issues that will take us through 2023 and beyond. Here are key issues the Hogan Lovells...more
The U.S. Department of Agriculture (USDA) Agricultural Marketing Service (AMS) has amended its organic regulations to strengthen oversight and enforcement of the National Organic Program (NOP). The final rule, which requires...more
The U.S. Food Safety and Inspection Service (FSIS) recently issued a final rule expanding the circumstances under which it will generically approve the labels of meat, poultry, and egg products. As a result of the expansion,...more
The Office of Management and Budget (OMB) recently released the Fall 2022 Unified Agenda of Regulatory Actions, which outlines the rulemaking actions currently under development in each federal agency. This memorandum...more
The Federal Trade Commission (FTC or the “Commission”) recently announced it will accept public comment on proposed updates to its Guides for the Use of Environmental Marketing Claims (“Green Guides”). In particular, the FTC...more
1/5/2023
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