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COVID-19 Update: AMS Announces COOL Labeling Flexibilities to Facilitate Redirection of Foodservice Product to Retail

The U.S. Department of Agriculture’s (USDA’s) Agricultural Marketing Service (AMS) announced it will temporarily exercise enforcement discretion for country of origin labeling (COOL) or method of production requirements to...more

COVID-19 Update: FDA Issues Best Practices for Retail Food Establishments and Food Delivery; FSIS Issues Notice on Use of PPE by...

This post summarizes two recent steps by the federal government to provide food safety guidance in response to the COVID-19 outbreak. First, the U.S. Food and Drug Administration (FDA) has issued a fact sheet and...more

COVID-19 Update: CDC Issues Interim Guidance on Safety Practices for Critical Infrastructure Workers Who May Have Had Exposure to...

The Centers for Disease Control and Prevention (CDC) has issued interim guidance identifying situations in which CDC believes critical infrastructure workers can continue to work despite exposure to individuals with suspected...more

COVID-19 Update: FDA Announces Temporary Policy for Shell Egg Producers and Updates COVID-19 Guidance

The U.S. Food and Drug Administration (FDA) recently released guidance regarding compliance with the shell Egg Safety Rule during the COVID-19 pandemic to facilitate the distribution of eggs to retail. The agency also updated...more

FTC Seeks Public Comment on Endorsement Guides; Comment Period Extended

On social media and other digital advertising platforms, proper disclosure of material interests between an endorser and the product manufacturer is critical to inform consumers and avoid alleged deceptive advertising...more

COVID-19 Update: FDA and USDA Update COVID-19 Food Safety Guidance Regarding Masks, Inspector Availability, and More

The U.S. Food and Drug Administration (FDA) and U.S. Department of Agriculture (USDA) recently updated their respective COVID-19 questions and answers guidance. FDA updated its food safety questions and answers guidance on...more

FDA Issues Temporary Policy Regarding Labeling of Shell Eggs Sold by Retail Establishments

The FDA issued a new guidance document that provides retailers with some flexibility from labeling requirements for shell eggs in order to facilitate the distribution of eggs during the COVID-19 pandemic. This guidance...more

USDA to Initiate Rulemaking for “Made in USA” Claims on Meat and Poultry Products

In response to two petitions, the U.S. Department of Agriculture’s (USDA’s) Food Safety and Inspection Service (FSIS) has announced that intends to conduct rulemaking to change its policy toward “Product of USA” claims for...more

COVID-19 Update: CISA Updates Critical Infrastructure Workers Guidance and FDA Issues Additional Guidance for Industry and the...

This post summarizes recent actions the federal government has taken in response to the COVID-19 outbreak. First, the Department of Homeland Security’s (DHS’s) Cybersecurity & Infrastructure Security Agency (CISA) has updated...more

What Food Companies Should Know About the Third Federal COVID-19 Stimulus Package (CARES Act)

On March 27, 2020, the President signed into law the “Coronavirus Aid, Relief, and Economic Security Act,” or the CARES Act. This is the third phase of federal legislation in response to the COVID-19 outbreak. The estimated...more

FSIS Announces Temporary Allowances for Foodservice Labels Going to Retail

The U.S. Department of Agriculture’s (USDA’s) Food Safety and Inspection Service (FSIS) issued a Constituent Update announcing the Agency temporarily is exercising enforcement discretion to provide labeling flexibilities for...more

COVID-19 Update: Supplemental Update on Essential Critical Infrastructure Workers

In our memo of March 19, we summarized federal government policy identifying the Food and Agriculture and Transportation industries as two of the nation’s 16 Critical Infrastructure Sectors. In The President’s Coronavirus...more

COVID-19 Update: Food and Agriculture Critical Infrastructure Sector Classification and State and Local Restrictions and Curfews

As the novel coronavirus crisis continues to escalate, state and local governments have begun implementing increasingly aggressive measures, including restrictions on when and which businesses may operate, quarantines,...more

COVID-19 Update: FDA and USDA Issue Guidance for Industry and Inspectors

As the novel coronavirus (COVID-19) crisis has continued to escalate, both the U.S. Food and Drug Administration (FDA) and the U.S. Department of Agriculture (USDA) have taken additional action to provide industry, the...more

FSIS Issues Revised Compliance Guidelines for Animal Raising Claims

The U.S. Department of Agriculture’s (USDA’s) Food Safety and Inspection Service (FSIS) has issued a revised compliance guideline for substantiating animal raising claims on labels for meat and poultry products. This updated...more

OMB Releases Fall 2019 Unified Agenda of Regulatory Actions

The Office of Management and Budget (OMB) recently released the Fall 2019 Unified Agenda of Regulatory Actions, which outlines the rulemaking actions currently under development in each federal agency. This memorandum...more

FDA Issues Updates to Fourth Edition Seafood HACCP Guidance

The U.S. Food and Drug Administration (FDA) recently released an updated Fourth Edition of its Guidance for Industry entitled, “Fish and Fishery Products Hazards and Control Guidance, Fourth Edition – August 2019” (“the...more

FSIS Issues Compliance Guideline on Kit Labeling

Recently, FSIS issued its long-awaited guidance on the labeling and packaging of “kit” products. Although FSIS has long informally applied its “kit policy,” this FSIS Compliance Guideline marks the first public guidance that...more

OMB Releases Spring 2019 Unified Agenda of Regulatory Actions

The Office of Management and Budget (OMB) recently released the Spring 2019 Unified Agenda of Regulatory Actions, which outlines the rulemaking actions currently under development in each federal agency. This memorandum...more

CDC Publishes Updated Report on Preliminary Foodborne Illness Trends

Last week, the Centers for Disease Control and Prevention (CDC) released a report entitled, “Preliminary Incidence and Trends of Infections with Pathogens Transmitted Commonly Through Food – Foodborne Diseases Active...more

FSIS Publishes Proposed Rule Rescinding Dual Labeling Requirements for Certain Packages of Meat and Poultry

On April 17, 2019, the United States Department of Agriculture (USDA) Food Safety and Inspection Service (FSIS) issued a proposed rule that would eliminate the requirement that certain packages of meat or poultry products...more

FSIS Releases Draft Guideline on Complaint Handling and Foreign Materials

The U.S. Department of Agriculture’s Food Safety and Inspection Service (FSIS) has issued a Draft Guideline detailing the Agency’s expectations of companies that identify foreign material in their meat and poultry products...more

USDA and FDA Settle Jurisdiction over Products Derived from Livestock and Poultry Cell Lines

The U.S. Department of Agriculture’s (USDA’s) Food Safety and Inspection Service (FSIS) and the Food and Drug Administration (FDA) announced today a formal-agreement coordinating joint jurisdiction over the production of...more

The 3 Letters That Should Strike Fear into Every Food Executive’s Heart - And The 3 Steps You Can Take To Protect Your Company

What are the 3 letters that should strike fear into the heart of every food executive? No, the 3 letters are not F-D-A. Although the Food and Drug Administration is quite powerful, the agency can only wield that power...more

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