FSIS Proposes Declaring Salmonella an Adulterant in Breaded Stuffed Chicken Products
FSIS has proposed declaring Salmonella an adulterant in raw breaded stuffed chicken products when present in very low levels.
Regulatory Compliance
USDA Proposes Updates to USA Claims on FSIS Products
USDA determined the agency's current policy on "made in the USA" claims may be misleading to consumers. The agency proposed new requirements before a "USA" claim can be made on FSIS-regulated products.
FDA Releases Draft Guidance on Dietary Guidance Statements
FDA proposed criteria that a food must meet when a claim such as "part of a nutritious dietary pattern" is made.
FDA Releases Guidance on Plant-Based Milks
FDA released a Draft Guidance addressing naming of plant-based milk alternatives. The Guidance allows the continued use of "milk" and provides for the voluntary use of nutrition statements.
Department of Justice Now Following Updated Corporate Disclosure Policy
DOJ can partner with FDA and USDA to investigate corporate misconduct, including by food companies, which can result in criminal and criminal resolutions. DOJ released a policy explaining the agency's considerations when a company makes a voluntary self-disclosure of misconduct that is subject to investigation and possible prosecution by DOJ.
States Ban PFAS In Food Packaging
States have taken recent action to prohibit the use of PFAS in food packaging. Each state ban varies slightly in scope and effective date.
Food Companies Face PFAS Class Actions
Two class action lawsuits were recently filed. These class actions allege the presence of PFAS within juice products labeled as "all natural." The presence of PFAS makes the labels misleading.
Food Companies Beware: Heavy Metal Class Action Lawsuits May Be The Horizon
Dark chocolate products were targeted in two recent class actions focused on the presence of heavy metals without disclosure.
2022 Food Code Released
FDA released the 2022 Food Code, representing the first update to the agency's guidance for state and local authorities since the 2017 Food Code was published.
Complying with FDA's Training Requirements
FDA introduced training requirements into the Food Safety Modernization Act regulations.
FDA Updates Allergen Guidance
FDA recently announced a draft guidance updating the agency's allergen labeling guidance.
USDA's Bioengineered Disclosure
The National Bioengineered Food Disclosure Law required USDA to develop a mandatory disclosure standard for foods that are or may be bioengineered. Companies were given until January 1, 2022 to comply with the requirements of the standard.
Tracking and Tracing the FDA Traceability Rule
FDA recently published the traceability Final Rule, which requires additional traceability programs and records for certain foods.
Remote Regulatory Assessments: What Are They and What to Expect
During the COVID-19 pandemic, FDA began utilizing remote techniques, including Remote Regulatory Assessments, as part of its regulatory oversight. FDA has indicated that the agency will continue to utilize RRAs when possible, even beyond the pandemic, as part of its move to modernize inspections.
What is Healthy – FDA’s Opinion
FDA's recent proposed rule is set to shift the requirements for "healthy" foods, and will modernize the regulatory framework for use of the claim.
Managing Coronavirus in the Food Industry
In response to the ongoing outbreak of COVID-19, many of our food industry clients and colleagues have sought counsel on how to prepare for evolving operational and employee issues, how to most appropriately respond as those issues arise, and what they can expect moving forward. Although the emerging COVID-19 outbreak may cause significant disruption to many companies, we can minimize the potential impact by planning, preparing, and collaborating to prevent the spread of illness.
What the Government Shutdown Means for Food Safety
With the government shut down, many public health agencies are constrained in their ability to perform routine compliance and enforcement activities. In the case of FDA and USDA, as long as the shutdown persists, some of the agency's routine food safety activities will be put on hold.
What the Hemp is Going on in the Food Industry?
The new Farm Bill, which legalizes the production of hemp, may provide expanding opportunities for the food industry seeking to use hemp-derived ingredients in food products. We provide an explanation of the new Farm Bill’s Hemp Provisions, and what it might mean for your company.
Legalization of Cannabis Offers Potential Opportunities to Food Industry
With more and more states legalizing cannabis, and FDA receiving increased pressure to weigh-in, more and more food companies are now exploring how cannabis could be utilized as an ingredient in a wide range of food products.
FSVP and VQIP Update: Important Information for Importers
Are you ready for your first FSVP Inspection?
FIC Welcomes New Food Industry Lawyer
FIC is proud to introduce the newest member of its food industry consulting and legal team.
Food Industry Counsel Unveils Prop 65 Notice Reporter
Staying abreast of which food products are being targeted for alleged Proposition 65 violations can be daunting. As a result, Food Industry Counsel has created the “FIC Prop 65 Notice Reporter” to help food product manufacturers and retailers determine which food products are at risk.
Enhancing Your Operations To Stay Ahead Of FSIS Policy Changes
Food safety is one of the highest regulatory priorities of FSIS. As a result of recent industry efforts driven by FSIS policy changes, we have witnessed a significant reduction in the numbers of foodborne illness outbreaks and recalls being reported annually.
Let There Be (Additional) Light
The holidays are my most favorite time of year. And, they are getting close. Already, local stores have begun displaying and selling Christmas decorations in anticipation of the millions of families across the nation who will adorn their trees, homes and yards with bright and inviting lights.
Avoid Your Next FSA By Staying Off FSIS’ Radar
Although most readers of this post will conduct their business under the watchful eye of continuous federal inspection, there is something far more distracting and onerous than having to manage the daily criticism of FSIS onsite inspectors.
Final Rule on Sanitary Transportation of Human and Animal Food
On April 6th, 2016, FDA published its final Rule on Sanitary Transportation of Human and Animal Food. The Rule is one of seven proposed under the Food Safety Modernization Act (FSMA).
Establishments Continue To Excel At Eliminating E. coli
Less than ten years ago, E. coli O157:H7 was in the news almost daily. Indeed, each year, tens of millions of pounds of raw ground beef were being recalled by industry because of the presence of this harmful bacteria.
Resolving Your Most Challenging FDA Regulatory Concerns
FDA compliance can sometimes be tricky. This is especially true with the passage of the Food Safety Modernization Act (FSMA) and FDA’s new aggressive enforcement policy.
New FDA Guidance for Listeria Control
I have written often on the topic of FDA’s continuing efforts to overhaul the safety of the U.S. food supply. Over the past decade, the agency has used a numerous tools, including new regulations, new inspection policy, and new initiatives to encourage broader food safety compliance.
Solving Your Most Difficult USDA Regulatory Challenges
USDA and FSIS maintain a tight grasp over the meat and poultry industries. As a result, it’s critical when facing issues with FSIS, that you partner with a firm that can bring the highest level of expertise to help achieve and maintain compliance.
Managing Your Unexpected High-Profile Outbreaks and Recalls
The business of producing food is complex. Products often incorporate a wide variety of ingredients sourced from locations throughout the world. Moreover, food is often perishable and business success depends on providing products that are as fresh as possible.
How Fast Are You Required to Announce That Recall?
When it comes to selling food, speed is usually an advantage. Many companies pride themselves on their ability to deliver a quality product faster than their competitors, and many consumers when shopping for groceries will seek out foods they can quickly prepare in their homes.