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USDA’s Agricultural Marketing Service (AMS) posted 30 questions for stakeholder input regarding the establishment of a national disclosure requirement for identifying bioengineered foods and food ingredients. The legislation requiring the disclosure of bioengineered foods was enacted on July 29, 2016, and gave AMS two years to establish a national standard and the procedures necessary for implementation (see our LawFlash, New GMO Legislation Signed Into Law, for more information on the legislation). AMS is now seeking input from stakeholders in order to issue a proposed rule this fall, such that it may promulgate a final rule by the mandated July 2018 deadline.  

On May 18, 2017, New York City announced plans to begin enforcing its updated local menu labeling rule, just weeks after FDA announced the postponement of the compliance date for a similar federal menu labeling rule, from May 2017 until next year. These two actions potentially raise novel and significant issues of federal preemption.
Continuing the pattern of delays in the implementation of a compliance date for the menu labeling final rule requirements (previously covered in our posts, FDA Delaying Enforcement (Again) for Menu Labeling Final Rule (March 2016) and LawFlash: FDA Issues Menu Labeling Final Guidance (May 2016)), FDA has issued an interim final rule (to be published on May 4, 2017) again extending the compliance date for menu labeling requirements by one year—from May 5, 2017 to May 7, 2018.
In the last few years, food and beverage companies have been defending against a new trend of claims related not to the products they manufacture, but the packages in which the products are sold.
Recent public controversy surrounding an issue many readers would probably rather not hear about—whether it is acceptable to use heart meat in products labeled as “ground beef”—has raised a series of questions involving not simply what might wind up on your grill this summer, but also how USDA’s Food Safety and Inspection Service (FSIS) goes about developing, changing, and publicly announcing policy developments and changes in the labelling of the meat and poultry products it regulates.
On December 1, the US Department of Agriculture's (USDA’s) Food Safety and Inspection Service (FSIS) issued a proposed rule to amend the nutrition labeling regulations for meat and poultry products (Proposed Rule). The revisions in the Proposed Rule are meant to parallel, to the extent possible, the US Food and Drug Administration’s (FDA’s) two similar final rules concerning nutrition fact labels (Nutrition Labeling Rules).
The Final Rules implementing the Food Safety Modernization Act (FSMA) issued over the last several years contain numerous requirements, compliance dates, definitions, applicability guidelines, extensions, and related guidance.
On October 5, the US Department of Agriculture’s FSIS released an updated version of its Labeling Guideline on Documentation Needed to Substantiate Animal Raising Claims for Label Submission.
Recently, the US Food and Drug Administration (FDA) announced its plan to redefine the implied nutrient content claim “healthy” by issuing a new guidance document — Use of the Term “Healthy” in the Labeling of Human Food Products 1 (Guidance).
FDA recently released an updated version of its draft guidance on new dietary ingredients (NDIs), Dietary Supplements: New Dietary Ingredient Notifications and Related Issues.