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A Seat at the Table | Hogan Lovells Monthly Food Digest - March 2023

Welcome to A Seat at the Table, Hogan Lovells Monthly Food Digest, where we share our thoughts and insights about some of the past month’s more notable developments when it comes to food regulation....more

USDA and DEA interim final rules on hemp – Major issues remaining to be resolved

While the hemp industry eagerly awaits FDA’s Cannabidiol (CBD) Enforcement Policy draft guidance, both the United States Department of Agriculture (USDA) and Drug Enforcement Agency (DEA) have active comment periods ongoing...more

NOP issues proposed rule amending organic requirements to strengthen organic enforcement

The United States Department of Agriculture (USDA) Agricultural Marketing Service’s (AMS) National Organic Program (NOP) issued a proposed rule in early August that would amend the organic regulations to strengthen oversight...more

FDA Will Take Its Time on CBD – But Industry Does Not Have to Wait to Get Ready

Tell me if you’ve heard this one before – the regulatory issues surrounding CBD will be completely resolved after a certain “legislative fix” is passed.  Remember all of the articles in December 2018 declaring CBD legal after...more

Council for Responsible Nutrition Submits Citizen Petition Requesting FDA Rulemaking to Allow CBD and other Hemp-Derived...

The Council for Responsible Nutrition (CRN) submitted a citizen petition to the Food and Drug Administration (FDA) requesting that FDA: FDA exercise its statutory authority to establish a regulation under which...more

COVID-19 Update: Supplemental Update on Essential Critical Infrastructure Workers

In our memo of March 19, we summarized federal government policy identifying the Food and Agriculture and Transportation industries as two of the nation’s 16 Critical Infrastructure Sectors. In The President’s Coronavirus...more

COVID-19 Update: Food and Agriculture Critical Infrastructure Sector Classification and State and Local Restrictions and Curfews

As the novel coronavirus crisis continues to escalate, state and local governments have begun implementing increasingly aggressive measures, including restrictions on when and which businesses may operate, quarantines,...more

AMS Releases Draft Instructions on Testing Methods for the National Bioengineered Food Disclosure Standard

The U.S. Department of Agriculture’s (USDA’s) Agricultural Marketing Service (AMS) has released Draft Instructions on Testing Methods (Draft Instructions) for use in compliance with the National Bioengineered Food Disclosure...more

AMS Releases Draft Instructions on Validating a Refining Process for National Bioengineered Food Disclosure Standard

The U.S. Department of Agriculture’s (USDA’s) Agricultural Marketing Service (AMS) is seeking public comment on draft instructions to validate a refining process under the National Bioengineered Food Disclosure Standard...more

USDA Publishes Interim Final Rule on Hemp: Key Takeaways

On October 31, 2019, the United States Department of Agriculture (USDA) published an interim final rule (IFR) on domestic hemp production. This rule establishes a regulatory framework for USDA oversight of domestic hemp...more

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