February Food and Agriculture Regulatory Recap

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 February 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)

  • On February 28, 2024, announced that grease-proofing substances containing Per and Polyfluoroalkyl Substances (PFAS) are no longer being sold by manufacturers for food contact use in the U.S. market. In addition, FDA stated they are working towards a validated analytical method that would generally allow the agency to monitor the market for PFAS in food contact substances in food packaging.

United States Department of Agriculture (USDA)

  • On February 15, 2024, USDA’s Food Safety and Inspection Service (FSIS) reissued FSIS Directive 10010.1, “Sampling Verification Activities for Shiga Toxin-Producing Escherichia Coli (STEC) in Raw Beef Products – Revision 6.” The Directive was updated for the first time since 2015 and instructs inspection program personnel (IPP) on how to conduct sampling activities at establishments producing raw beef products.

Other  

  • On February 8, 2024, the Environmental Protection Agency (EPA) issued the proposed rule, “Listing of Specific PFAS as Hazardous Constituents.” Based on the agency’s PFAS Toxicity Studies, the Proposed Rule would amend the agency’s regulation under the Resource Conservation and Recovery Act (RCRA) by adding nine (9) specific per-and polyfluoroalkyl substances (PFAS)1 to its list of hazardous constituents.

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Please contact Kyla Kaplan (kkaplan@ofwlaw.com) if you have any questions or are interested in additional assistance.

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