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The Food Safety Modernization Act, which was signed into law by President Obama on January 4, 2011, promised sweeping reform of food safety practices from farm to fork, and shifted FDA’s regulatory posture from reacting to food contamination to proactively preventing it. While the Trump administration has vowed to eliminate two regulations for every new regulation, at this year’s Food and Drug Law Institute’s Annual meeting, Dr. Susan Mayne, the Director of FDA’s Center for Food Safety and Applied Nutrition, made clear that FSMA is the law of the land and FDA fully intends to continue its implementation and enforcement of it.


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Last week, the U.S. Food and Drug Administration (FDA) released draft guidance on its mandatory recall authority; in doing so, FDA elaborated on its authority to issue user fees. Food retailers and manufacturers should take note that in the event FDA determines that there is: (1) a reasonable probability that a food product is misbranded

On January 4, 2011, President Obama signed into law the Food Safety Modernization Act (“FSMA”) (Pub. L. No. 111-353, 124 Stat. 3885 (2011)), representing the most substantial overhaul of food safety law in decades. FSMA increases oversight at various points along the supply chain, including production, storage, distribution, and importation. Because the supply chain is essential to efficiency, costs, and ultimately revenues, retailers should stay apprised of developments in FSMA’s implementation.


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