OFW’s Food & Agriculture team regularly monitors announcements and policy issuances from FDA, USDA, and other agencies to keep our clients apprised of regulatory developments that may impact their business. Here are a few of the developments from September that should be highlighted. If you have any questions or would like more information, please do not hesitate to reach out to us.
U.S. Food and Drug Administration (FDA)
- Added Sugars – On September 18, 2023, FDA provided updated materials on the upcoming virtual public meeting and listening sessions, “Strategies to Reduce Added Sugars Consumption in the U.S.” The virtual public meeting will be held on November 6, 2023, and there will be listening sessions on November 7 and 8, 2023.
- Shutdown Plans – On September 21, 2023, the U.S. Health and Human Services (HHS) shared FDA’s Fiscal Year (FY) 2024 contingency plan. The contingency plan provides a summary of activities that will and will not continue in the event of a government shutdown. Over the weekend, Congress avoided a government shutdown; we may anticipate more brinksmanship when the current Continuing Resolution expires on November 17th.
- Preventive Controls Guidance – On September 26, 2023, FDA released two new chapters of Draft Guidance for the Preventive Controls for Human Food Final Rule. The first is on the “Food Allergen Program” (Chapter 11) and the second is on “Acidified Foods” (Chapter 16).
- Sprouts Guidance – On September 28, 2023, FDA released “Guidance for Industry: Standards for the Growing, Harvesting, Packing, and Holding of Sprouts for Human Consumption.” This guidance is meant to help assist sprout operations in complying with the Produce Safety Rule.
United States Department of Agriculture (USDA)
- Recall API – On September 7, 2023, USDA’s Food Safety and Inspection Service (FSIS) launched a new online feature – a Recall API – that enables software developers to access data on recalls and public health alerts to accommodate continuous stakeholder requests for FSIS to share data in real-time and in a way stakeholders can utilize.
- Consumer Safety Research – On September 19, 2023, USDA- FSIS released the results from an observational consumer meal preparation study. During the study, “half of the participants used a food thermometer to check the doneness of the sausage patties but, of those who used a thermometer, 92% failed to insert it in the proper location of the patties. Only 44% of participants attempted to wash their hands before meal preparation and 83% didn’t bother during meal preparation.”
- Food Waste – On September 20, 2023, USDA announced an additional $25 million in investments (funded under the American Rescue Plan Act (ARPA)) to expand efforts to prevent and reduce food loss and waste. This is a joint agency initiative between USDA’s National Institute of Food and Agriculture (NIFA) and USDA’s Office of the Chief Economist (OCE).
Other
- Cannabis Banking – On September 27, 2023, the Senate Banking Committee approved the Secure and Fair Enforcement Regulation (SAFER) Banking Act – a bipartisan marijuana banking bill with amendments. The bill is aimed at establishing a safe harbor for financial institutions serving legal marijuana businesses. The bill will not advance to the full chamber’s floor.
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Please contact Kyla Kaplan (kkaplan@ofwlaw.com) if you have any questions or are interested in additional assistance.
