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A Seat at the Table | Hogan Lovells Monthly Food Digest - March 2023

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

FTC announces return to rigorous enforcement of ban on unfair competition

On November 10, 2022, the Federal Trade Commission (FTC) issued a new policy statement announcing the agency’s intent to exercise broad enforcement discretion to challenge unfair competition based on the authority granted by...more

FSIS issues Proposed Rule to expand generic labeling approval

The United States Department of Agriculture’s (USDA) Food Safety and Inspection Service (FSIS or the agency) has issued a Proposed Rule to expand the circumstances in which FSIS will generically approve the labels of meat,...more

USDA Publishes Final Rule on Review and Issuance of Agency Guidance Documents

The United States Department of Agriculture (USDA) has published a Final Rule codifying internal procedures that must be followed when issuing agency guidance documents. The Final Rule amends USDA’s administrative regulations...more

COVID-19 Update: CDC and OSHA Release Interim Guidance for Meat and Poultry Processing Workers and Employers

The Centers for Disease Control and Prevention (CDC) and Occupational Safety and Health Administration (OSHA) have issued interim guidance on COVID-19 considerations for meat and poultry processing workers and employers. This...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

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

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

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

USDA and FDA Announce Joint Oversight Over Cell Cultured Products

On Friday, November 16, 2018, the U.S. Department of Agriculture (USDA) Secretary Perdue and U.S. Food and Drug Administration (FDA) Commissioner Gottlieb announced a joint regulatory framework to oversee cell cultured...more

China tariffs announced on food products

The U.S. Trade Representative (USTR) further ratcheted up trade tensions by announcing a 10 percent ad valorem duty on US$200 billion of Chinese imports. The list covers 6,031 tariff provisions, spanning a range of goods...more

FSIS Issues Guidance on Retailer and Restaurant Exemptions from Inspection Under the Federal Meat Inspection Act

The U.S. Department of Agriculture’s (USDA’s) Food Safety and Inspection Service (FSIS) recently released a guidance document to help companies determine whether their operations are exempt from the inspection requirements of...more

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