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The U.S. Food and Drug Administration (FDA) and the Occupational Safety and Health Administration (OSHA) announced the availability of a Checklist for FDA-regulated human and animal food operations to use when assessing operations during the COVID-19 pandemic, including when to restart operations after a shutdown. The publication, Employee Health and Food Safety Checklist for Human and Animal Food Operations During the COVID-19 Pandemic, is divided into three sections.

U.S. District Judge William B. Shubb (Eastern District of California) ruled on June 22 that California’s Proposition 65 warning requirement for glyphosate violates the First Amendment of the United States Constitution. (See National Association of Wheat Growers et. al. v. Xavier Becerra, case number 2:17-cv-02401.)

The federal government has taken a supporting role as state and local governments and private companies institute an evolving patchwork of responses to the COVID-19 pandemic. On March 19, 2020, the Cybersecurity and Infrastructure Security Agency (CISA), operating under the Homeland Security Act of 2002, issued guidance and an accompanying list of “Essential Critical Infrastructure Workers.”  CISA’s list is intended to promote the ability of essential workers to continue to work during period

The Regulation on the transparency and sustainability of European Union (EU) risk assessment in the food chain has been adopted by the European Parliament and the Council and is awaiting publication in the Official Journal of the European Union (OJEU). The intent of the new Regulation is to increase the transparency of risk assessments in the food chain in the EU and to strengthen the reliability, objectivity, and independence of the studies used by the European Food Safety Authority (EFSA).

Since the Child Nicotine Poison Prevention Act (CNPPA) became law in 2016, liquid nicotine in containers (such as e-liquid bottles) have been required to utilize child-resistant packaging pursuant regulations promulgated under the the Poison Packaging Prevention Act (PPPA). The Consumer Product Safety Commission’s (CPSC) guidance on these requirements for liquid nicotine containers has evolved – and become more stringent – over time.

The U.S. Food and Drug Administration (FDA) has denied a request for a public hearing on its May 2017 decision to deny a Food Additive Petition to remove several clearances for perchlorate from use in food-contact applications.  By way of background, the Food Additive Petition was submitted in 2014 by the Natural Resources Defense Council (NRDC) and eight other nongovernmental organizations (NGOs). It requested that FDA:

Currently, a Food Contact Notification (FCN) can only be delisted for safety reasons, explained Michael A. Adams, Ph.D., Deputy Director of FDA’s Office of Food Additive Safety, at Keller and Heckman’s Food Packaging Law Seminar on October 10, 2018. The fact that a food contact substance (FCS) cleared through an FCN cannot be delisted for reasons other than safety is a legitimate concern, he added.

The U.S. Department of Justice (DOJ) has changed its policy to limit the use of agency guidance documents in affirmative civil enforcement (ACE) cases, which are DOJ lawsuits “to recover government money lost to fraud or other misconduct or to impose penalties for violations of Federal health, safety, civil rights or environmental laws.” The change was announced in a January 25, 2018 memorandum issued by DOJ’s Associate Attorney General (AAG), Rachel Brand.