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Supreme 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…
What 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…
Additional 25% Tariffs on Canada and Mexico Suspended March 6
On March 6, 2025, President Trump announced a suspension of most of the additional 25% tariffs imposed on March 4, 2025, on Mexico and Canada. Under the new tariff structure the additional 25% tariffs will apply only to goods that do not qualify as originating goods under the U.S. Mexico Canada Agreement (USMCA). The duties…
CBP: Canada and Mexico Tariffs of 25% Start March 4
U.S. Customs and Border Protection tonight published Cargo Systems Message Service notices #64297449 and #64297292 regarding Canada and Mexico tariffs. The notices instruct customs brokers and the importing community that effective 12:01 am eastern standard time, all products of Canada and Mexico, including food, are subject to an additional 25% ad valorem tariff. CSMS #64297449 states that all products…
What is FSVP?
FSVP stands for Foreign Supplier Verification Program. FSVP is a regulation that requires importers of most foods to verify the food safety practices of their foreign suppliers. When did FSVP go into effect? The Foreign Supplier Verification Program regulation went into effect for most importers on May 30, 2017. Why did the United States require…
Food Industry Regulatory Update January 28, 2025
In This Week’s Edition: FDA Revokes Use of Red No. 3 The FDA is revoking the authorization for the use of FD&C Red No. 3 as a matter of law, based on the Delaney Clause of the Federal Food, Drug, and Cosmetic Act (FD&C Act). The FDA is amending its color additive regulations to no longer allow…
Is Coconut an Allergen? FDA Allergen Labeling Requirements
The Food Allergen and Consumer Protection Act of 2004 (P.L. 108-282) requires major food allergens to be labeled on all packaged foods that are under the jurisdiction of the U.S. Food and Drug Administration (FDA), including dietary supplements. Tree nuts are one of the major food allergens defined in the law. Is coconut an allergen?…
Food Industry Regulatory Update January 13, 2025
In This Week’s Edition: FDA Guidance on Lead Levels FDA is announcing the availability of a final guidance for industry entitled “Action Levels for Lead in Processed Food Intended for Babies and Young Children.” The guidance establishes action levels for lead in certain processed foods intended for babies and young children less than 2 years old. The…
Food Industry Regulatory Update December 18, 2024
In This Week’s Edition: FDA Issues Letter on Lead in Cookware FDA issued a letter to retailers and distributors of cookware products to inform them that certain imported cookware products made from aluminum, brass, and aluminum alloys known as Hindalium/Hindolium or Indalium/Indolium, demonstrate the potential to leach lead into food and that this cookware should not be…
Food Industry Regulatory Update December 10, 2024
In This Week’s Edition: FDA Seeks Food Date Labeling Info FDA and USDA are announcing a joint Request for Information (RFI) about food date labeling, which includes the use of terms such as “Sell By,” “Use By” and “Best By”. The RFI seeks information on industry practices and preferences for date labeling, research results on consumer perceptions…