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Documents on Agricultural Law, Food & Beverage

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HTMLD.C. Circuit to Hear COOL Case En Banc
Riëtte van Laack; Hyman, Phelps & McNamara, P.C.;
Legal Alert/Article
April 11, 2014, previously published on April 8, 2014
Does the same standard that applies when regulators require label statements that “correct a deception,” such as false advertising, also apply when they require label statements for other purposes based on the interests of the government? This issue will be before the United States...


HTMLPackaging Design and Innovation Could Ease Costs of Food Waste
Christopher W. Hamlin; Husch Blackwell LLP;
Legal Alert/Article
April 2, 2014, previously published on March 28, 2014
According to a recent UN report, one-third (1.3 billion tons) of the world’s food is wasted each year. The report, entitled Food Wastage Footprint: Impacts on Natural Resources, analyzes the environmental impacts of global food wastage, but also highlights the significant economic impact to...


HTMLWhat's in the Box? FDA Proposes Revisions to Nutrition Facts Panels
Venable LLP;
Legal Alert/Article
March 3, 2014, previously published on February 27, 2014
Today, February 27, 2014, the U.S. Food and Drug Administration proposed three rules that would make landmark revisions to the iconic black and white Nutrition Facts panel if finalized. The proposed changes affect all packaged foods, including dietary supplements where applicable, except certain...


HTMLFSMA and Intentional Adulteration: FDA Issues Proposed Rule and Signals Approach to Economically Motivated Adulteration
Ricardo Carvajal; Hyman, Phelps & McNamara, P.C.;
Legal Alert/Article
January 8, 2014, previously published on January 7, 2014
In the latest major rulemaking initiative under the Food Safety Modernization Act ("FSMA"), FDA issued a proposed rule to implement provisions of FSMA that address intentional adulteration. Further below we summarize major provisions of the proposed rule. However, we note at the outset...


HTMLCalifornia Court of Appeal Rules that State Law Claims for Alleged Misuse of the Term 'Organic' on Food Products Are Preempted by Federal Law
Angela Diesch, Mark D. Kemple; Greenberg Traurig, LLP;
Legal Alert/Article
January 7, 2014, previously published on December 31, 2013
In a case of first impression, and with enormous national implications for the food industry, on December 23, 2013, the California Court of Appeal, Second Appellate District, ruled that state law consumer actions challenging certified organic growers’ labeling of food products as...


HTMLA Brief History and Overview of Country of Origin Labeling Requirements
Melvin S. Drozen, Alissa D. Jijon; Keller and Heckman LLP;
Legal Alert/Article
January 6, 2014, previously published on January 2, 2014
Country of Origin Labeling (COOL) laws and regulations require retailers to notify their customers of the country of origin of covered commodities, which include beef, veal, lamb, chicken, fish and shellfish, goat, pork, perishable agricultural commodities, macadamia nuts, pecans, ginseng, and...


HTMLNew Licensing Requirements for Food Importers under the Proposed Imported Food Sector Product Regulations
Brenda C. Swick; McCarthy Tétrault LLP;
Legal Alert/Article
December 9, 2013, previously published on December 3, 2013
Pursuant to the Safe Food for Canadians Act, the Canadian Food Inspection Agency (CFIA) is proposing new regulations to improve the oversight of imported food products in the non-federally registered sector.


HTMLUSDA OIG Reviews Implementation of Access to Pasture and Related Rules for Organic Dairy Cattle
Riëtte van Laack; Hyman, Phelps & McNamara, P.C.;
Legal Alert/Article
August 7, 2013, previously published on August 6, 2013
The Organic Foods Production Act requires that the U.S. Department of Agriculture (“USDA”) establish national standards for the production and handling of organic products to assure that agricultural products marketed as organic meet consistent uniform standards. USDA established the...


HTMLThe Food Safety Modernization Act -- Where Do We Stand 20 Months After Its Enactment?
T.H. Lyda, Edwin B. Palmer; Burns White LLC;
Legal Alert/Article
September 28, 2012, previously published on September 11, 2012
The Food Safety Modernization Act (FSMA) was signed into law by President Obama on January 4, 2011. The FSMA is the most significant expansion of food safety requirements and the Food and Drug Administration’s (FDA) food safety authority in over 70 years. The Act charges the FDA with...


HTMLCalifornia Labeling Requirements for Organic Cosmetics Not Preempted
Riëtte van Laack; Hyman, Phelps & McNamara, P.C.;
Legal Alert/Article
August 16, 2012, previously published on August 14, 2012
The Organic Food Products Act of 1990 (“OFPA”) established national standards for the marketing of certain agricultural products marketed as organically produced. It directed USDA to issue regulations specifying the requirements for certification and labeling of organic agricultural...


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