Margins in the food industry have always been thin. This is because retailers and other customers are continuously pushing food manufacturers and suppliers to lower costs.

On June 4, the U.S. Department of Agriculture’s Food Safety and Inspection Service (FSIS, or the agency) published a Federal Register notice, Expansion of Shiga Toxin-Producing Escherichia coli Testing to Additional Raw Beef Products. 

While listening to an inspiring podcast recently, the speaker made an impact on my view of the unusual times we as a global community have recently encountered due to the COVID-19 pandemic.

On April 28, 2020, President Donald Trump issued an Executive Order directing the Secretary of Agriculture to make use of the Defense Production Act (DPA) to assist meat and poultry companies in continuing to remain in operation or returning to operation during the COVID-19 pandemic.

As most of you know, as a food industry lawyer, I have represented the food industry for over 20 years. During the course of that time, I have closely tracked evolving USDA policy, the strengthening of FSIS inspection and surveillance programs, the continuing parade of food product recalls, and the nearly monthly emergence of new foodborne illness outbreaks.

What is an enforcement action? It is any action that results in an establishment being restricted from production. It includes tagging a product, piece of equipment, room, area or even an entire building. It also includes withholding the marks of inspection and/or withdrawing the assignment of inspection personnel.

Since Executive Order 13777 Enforcing the Regulatory Reform Agenda was signed in 2017, Regulatory Reform Task Forces have evaluated and proposed changes to existing regulations to repeal, replace and modify cumbersome requirements. Several labeling requirements for meat and poultry products are under review.