Posts by Erik L
Food Industry Regulatory Update – June 19, 2026
FDA held a virtual public meeting on June 15, 2026, to discuss compliance flexibilities for FSMA Section 204 food traceability requirements, including potentially allowing a range of lot codes. The compliance deadline has been extended by Congress to July 28, 2028. FDA also issued warning letters to MGR Produce and YS Group for Foreign Supplier…
Read MoreWhen FDA Comes Calling: Why Your FSVP Agent Must Be Ready to Respond
For nonresident importers bringing food into the United States, choosing the right FSVP agent is a critical business decision, not just a regulatory formality. A reliable agent maintains thorough records, responds quickly to FDA and state health inquiries, and can resolve compliance concerns before they escalate. Learn how strong FSVP representation recently prevented a potential product recall.
Read MoreSection 122 Tariffs Imposed; Exemptions for Foods
On Friday, February 20, 2026, the United States Supreme Court in a 6-3 decision, struck down the tariffs imposed by the Trump Administration under the International Emergency Economic Protection Act (IEEPA). These included the “Liberation Day” reciprocal tariffs that varied on a country-by-country basis and imposed additional rates of up to 49% as well as…
Read MoreFoods Excluded from Reciprocal Tariff
On November 14, 2025, President Trump signed an Executive Order which excluded a wide range of foods from the reciprocal tariff regime imposed under Executive Order 14257 (EO 14257). EO 14257 imposes a reciprocal tariff on virtually every shipment of commercial goods entering the United States. The tariff varies based on the country of origin…
Read MoreSection 232 Tariffs Apply to Certain Food Imports
The Trump Administration has applied Section 232 Tariffs on steel and aluminum to certain food imports. Food imports under certain tariff classifications are required to report, value and pay 50% tariffs on the steel and aluminum content of their packaging and containers. The impacted tariff codes may be found here in chapter 99 and include:…
Read MoreDid the FDA Ban Red Number 3?
FDA has taken action to prohibit FD&C Red Number 3 in foods and drugs. Red Number 3 is also known as erythrosine. On January 16, 2025, FDA published a notice in the Federal Register revoking the authorized use in food and ingestible drugs of FD&C Red Number 3. The prohibition on using Red Number 3…
Read MoreDe Minimis Rule Entry Process Ends
On August 29, 2025, U.S. Customs and Border Protection (CBP) began rejecting all De Minimis Rule (aka Type 86) entries. The De Minimis Rule had previously allowed shipments valued at $800 or less to be filed as Type 86 entries with limited data elements provided to CBP. This action implements the executive order issued on…
Read MoreFDA De Minimis Exemption for Food Shipments Revoked
On July 9, U.S. Customs and Border Protection (CBP) announced that all shipments presented for entry of FDA-regulated commodities, including food, must be submitted to FDA for review regardless of value. Previously FDA had exempted food from having to be reviewed at entry by the agency if the shipment was valued at less than $800…
Read MoreSupreme Court Declines to Expedite Review of Tariff Litigation
Tariff litigation update: On June 20, 2025, the U.S. Supreme Court denied a motion by Learning Resources, Inc. to expedite consideration of a petition for writ of certiorari before judgement in their challenge to the authority of Trump Administration to impose broad tariffs under the International Emergency Economic Powers Act (IEEPA). Therefore, the tariffs will…
Read MoreWhat is PCQI?
PCQI means Preventive Controls Qualified Individual and is an important part of the Preventive Controls for Human Food Rule (21 CFR Part 117) and Preventive Controls for Animal Rule (21 CFR Part 507). The term is defined in 21 CFR 117.3 and 21 CFR 507.3: A qualified individual who has successfully completed training in the…
Read More