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Category Archives: Food & Agriculture
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We have moved parts of our blog to the new technology platform Engage. Engage will give you the legal and regulatory insight and analysis you need, from across our global network, when you need it. If you are signed up to receive emails from us, you’ll soon receive an email with details on how to use Engage to continue to stay up-to-date on the latest developments in regulation, as well as on different topics published by the firm if you’d like.
EU wine producers can now benefit from a temporary relaxation in competition rules
The European wine sector has been greatly affected by the COVID-19 pandemic. According to statistics from the European Commission (EC), there has been a 30% reduction in the volume of wine sold and a 50% drop in the value of sales across the EU from mid-March until to end of May 2020, compared to sales
FCC Announces Members of Precision Agriculture Task Force
The Federal Communications Commission (FCC), in consultation with the Department of Agriculture, announced the members of the Task Force for Reviewing the Connectivity and Technology Needs of Precision Agriculture in the United States (Task Force). The Task Force, an advisory body to the FCC, will investigate the current state of broadband access in agricultural lands and recommend
New FDA draft guidance on voluntary recalls highlights importance of recall initiation plans
On April 23, FDA issued draft guidance entitled “Initiation of Voluntary Recalls Under 21 CFR Part 7, Subpart C,” which aims to clarify how firms in a product distribution chain should prepare to facilitate timely initiation of a voluntary recall, respond to an indication of a problem with a distributed product, and initiate a voluntary
FDA publishes internal policy on prioritizing surveillance inspections for drug manufacturing sites
Earlier today, FDA Commissioner Scott Gottlieb, M.D., made publicly available for the first time FDA’s internal policy (MAPP 5014.1) for how drug manufacturing facilities are prioritized and scheduled for surveillance inspections. According to the press release, in 2017, approximately 5,063 drug establishments were subject to routine surveillance inspection; out of these approximately 5,063 eligible drug
UK Government publishes first no-deal Brexit notices for food
The Government has released its first batch of technical notices which aim to prepare UK citizens and businesses for an exit from the EU without a Withdrawal Agreement on 29 March 2019. Of most relevance to food businesses are the notices on developing genetically modified organisms (“GMOs“) and producing and processing organic foods. Under the
“New Deal for Consumers” – draft package adopted by the European Commission
The European Commission has adopted a “New Deal for Consumers” package which aims to empower consumers, promote fairness and build trust across the single market. The package was adopted by the Commission in response to an evaluation on EU consumer protection and marketing directives. The evaluation found such laws need to be better applied, enforced
UK ‘Sugar Tax’ Comes into Force – New Guidance Published for Industry
The UK tax authority HM Revenue and Customs (HMRC) has published a series of practical guidance documents and additional online information to assist companies with understanding and complying with the new UK ‘Soft Drinks Industry Levy’, which takes effect from 6 April 2018. The new levy applies to all soft drinks (other than natural fruit
Rules of Origin: a ‘hidden hard Brexit’ for the UK food industry?
The Food and Drink Federation (“FDF“) has published a report on the potential impact of rules of origin on UK food and drink exporters in the likely event that the UK ceases to be part of the EU customs union after Brexit. Rules of origin are the detailed content requirements that determine whether goods are
European Commission Publishes Guidance on Brexit and UK Food Exports
On 1 February 2018, the European Commission issued a notice on the impact of Brexit for food products originating from the UK. The Commission confirmed that, in the absence of a transitional agreement, the UK will become a ‘third country’ from the date of its withdrawal from the EU. This will impact a number of
The Decision Is In, and South Africa Will Soon Tax the Sugar Content of Beverages
Following the 2016 budget speech during which the proposal to tax the sugar content of beverages was first tabled, and after 18 months of vigorous debate, the South African Parliament on Tuesday adopted the taxation of sugary drinks.
One step closer to new rules on organic farming
After three years of negotiations, the European Union is nearing the end of a long process to simplify and harmonise the rules for organic food production and the labelling of organic products. Council Regulation (EC) 834/3007 currently defines the minimum standards for organic products that are produced, manufactured, imported into, sold or traded within the
UK ‘Sugar Tax’ – Draft Regulations Published
The UK tax authority HM Revenue and Customs (HMRC) has published draft Regulations setting out further details on the new UK ‘Soft Drinks Industry Levy’, which will apply from 6 April 2018. The new levy applies to all soft drinks packaged in or imported to the UK that contain added sugar and at least 5
UK Food Standards Agency reviewing Feed Law Code and Guidance
The UK Food Standards Agency (FSA) is consulting on its proposals to amend the Feed Law Code of Practice and Practice Guidance. The Code and Guidance have to be taken into account by local authorities when enforcing feed law requirements in England (there are separate documents for Wales, Scotland and Northern Ireland).
Draft EU List of Authorised Novel Foods Published
The European Commission has published a draft implementing Regulation setting out the proposed official EU list of authorised novel foods. A ‘novel food’ is a food or ingredient that has not been consumed to a significant degree in the EU prior to 15 May 1997. These include products traditionally eaten outside the EU prior to
Majority in favour of improving fairness in EU food supply chain
Initial responses to the European Commission’s public consultation on how to make the EU food supply chain fairer suggest that, bar retailers, the majority of significant stakeholders (including Member States, farmer groups, agricultural organisations and NGOs) are in favour of action at EU level to increase fairness and balance in the food supply chain. The
ECJ sides with farmers on genetically modified crops
The European Court of Justice has held that Member States may not adopt emergency measures prohibiting genetically modified food and feed (GMOs) unless there is clear evidence that a particular GMO presents a serious risk to health or the environment in accordance with Article 34 of the GMO Regulation (EC) No 1829/2003. Ruling in favour
Are We Due for a Makeover?
Many have questioned what affect a proposed legislative facelift, to the cosmetic industry, will have on manufacturers, retailers and, of course, on consumers.
CJEU upholds principle of free movement of goods for food supplements
The Court of Justice of the European Union (“CJEU“) has issued a ruling on the interpretation of Directive 2002/46/EC on food supplements, finding that a French law prohibiting the sale of food supplements from other EU Member States containing vitamins and minerals above French national limits is contrary to EU law. The CJEU held that
Medicaid Drug Rebate Program: CMS releases final covered outpatient drug regulation
The Centers for Medicare & Medicaid Services (CMS) released the final Medicaid covered outpatient drug regulation on Thursday, January 21, 2016. Read More: Medicaid Drug Rebate Program: CMS releases final covered outpatient drug regulation
FDA and CMS Make Case Before Congress for FDA Oversight of Laboratory Developed Tests
On November 17, 2015, leaders from both the Food and Drug Administration (FDA) and the Centers for Medicare & Medicaid Services (CMS) testified before the U.S. House of Representatives Committee on Energy and Commerce, Subcommittee on Health regarding regulation of Laboratory Developed Tests, or LDTs. Read More: FDA and CMS Make Case Before Congress for
FDA Offers New Recommendations for Interoperability of Connected Devices
On January 26, 2016, the Food and Drug Administration (FDA or the Agency) released a draft guidance document, Design Considerations and Pre-market Submission Recommendations for Interoperable Medical Devices (Draft Guidance). Read More: FDA Offers New Recommendations for Interoperability of Connected Devices
Congress Suspends Medical Device Tax for Two Years
The tax and spending bill signed into law by President Obama last week included a two year suspension of the medical device excise tax. After years of effort by industry to abolish the tax, proponents of the suspension speculate that it may represent a window to full repeal. Read More: Congress Suspends Medical Device Tax for Two