Written by M. Sean High—Staff Attorney
The following information is an update of recent
local, state, national, and international legal developments relevant to
agriculture:
FSMA:
FDA Issues Guidance Giving More Time to “Co-Manufactures”
On November 3, 2017, the U.S. Food and Drug
Administration (FDA) announced guidance intended to provide certain
“co-manufactures” of food with more time to meet FDA Food Safety Modernization
Act (FSMA) supplier approval and verification requirements. Under FSMA, regulations for the Preventive
Controls for Human Foods, the Preventive Controls for Animal Food, and the
Foreign Supplier Verification Programs each require a supply-chain program for
certain raw materials and other ingredients.
According to FDA, the purpose of the guidance is to assist those
involved in co-manufacturing agreements which involve a second party manufacturing
or processing food for a brand owner. FDA
stated that under the guidance, the agency “does not intend to take enforcement
action for two years against a co-manufacturer that is not in compliance with
certain supply-chain program requirements related to supplier approval and
supplier verification.”
Biotechnology:
USDA Withdraws Proposed Revisions to Biotechnology Regulations
On November 6, 2017, the U.S. Department of
Agriculture (USDA) Animal and Plant Health Inspection Service announced
a withdrawal of a proposed rule intended to revise the agency’s biotechnology
regulations. According to USDA, following
the withdrawing of the proposed rule, the agency will explore policy
alternatives and “re-engage with stakeholders to determine the most effective,
science-based approach for regulating the products of modern biotechnology
while protecting plant health.” Regarding the decision to re-examine the biotechnology
regulations, USDA Secretary Sonny Perdue asserted a need for a balanced regulatory
process that does not restricting innovation. The Secretary stated that biotechnology
“is evolving every day” and as a result, there is a need for “regulations and
policies that are flexible and adaptable to these innovations to ensure food
security for the growing population.”
Menu
Labeling: FDA Issues Draft Menu Labeling Guidance
In November 2017, the U.S. Food and Drug
Administration (FDA) announced
the availability of a draft guidance document entitled: Menu Labeling: Supplemental Guidance for Industry. Accordingly, the document: (1) addresses
concerns that have been raised by stakeholders regarding implementation of the menu
labeling requirements; (2) clarifies additional options for complying with the menu
labeling requirements; and (3) identifies places where FDA intends to be more
flexible in its approach. The document
contains nonbinding recommendations and is intended for comment purposes only. Comment on the document is scheduled to end
60 days after publication in the Federal Register.
International
Trade: U.S. Department of Commerce Announces Duty on Softwood Lumber from
Canada
On November 2, 2017, the U.S. Department of Commerce
announced
a final determination regarding the antidumping and countervailing duty
investigations of softwood lumber imports from Canada. According to the Commerce Department,
Canadian exporters have been selling softwood lumber in the United States at
prices between 3.2% and 8.89% below fair market value. Additionally, The Commerce Department stated
that Canada has been unfairly subsidizing Canadian softwood producers at rates
between 3.34% and 18.19%. As a result, the
Commerce Department announced that U.S. Customs and Border Protection will be
instructed to collect cash deposits from importers of Canadian softwood lumber
at amounts based on the final rates.
Antibiotics:
WHO Calls for End of Antibiotic Use in Healthy Animals
On November 7, 2017, the World Health Organization
(WHO) announced
recommendations designed to limit antibiotic use in healthy animals. According to WHO, the over-use of antibiotics
in healthy animals has become a contributor to the increased threat of
antibiotic resistance. As a result, WHO
recommends that healthy animals should not receive antibiotics for growth promotion. Additionally, WHO recommends that antibiotic use
in healthy animal be limited to the prevention of disease where there has been
a diagnosis “in other animals in the same flock, herd, or fish population.” WHO
stated that instead of antibiotics, producers should consider improved “hygiene,
better use of vaccination, and changes in animal housing and husbandry
practices.”
Pennsylvania
Actions and Notices
Department of Agriculture
AgLaw HotLinks:
- Tax reform mixed bag for ag – Feedstuffs
- OEFFA releases food safety planning guide – Farm and Dairy
- Uncertainty Over Dicamba Insurance Coverage Concerns Applicators – Brownfield
- Republican tax plan draws mixed reviews – Delta Farm Press
- Call for more ag research gets louder – Feedstuffs
- Organic Farmers Are Worried About Getting Squeezed by Big Business – Bloomberg
- Organic Production on the Rise – Ag Web
- Guestworker Act is about secure workforce, animal care – National Hog Farmer
- A closer look at Tyson's no-antibiotics commitment – Meat + Poultry
- Crops in 25 States Damaged by Unintended Drift of Weed Killer – The New York Times
- McDonald's reveals new chicken welfare standards – Feedstuffs
- Changing Where Crops Are Grown Could Feed an Additional 825 Million People, Study Finds – Yale Environment 360
- The Tax Bill Is Farm Friendly, Maybe – Ag Web
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