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Sen. Edward J. Markey (D-Mass.), along with Senators Blumenthal (D-Conn.) and Warren (D-Mass.), introduced the “Ensuring Safe and Toxic-Free Foods Act of 2022” on May 26, 2022. S. 4316 would direct the Food and Drug Administration (FDA) to make several changes to its 2016 Substances Generally Recognized as Safe (GRAS) rule and to establish a new division within FDA to reassess the safety of food additives and food contact substances.

The Consolidated Appropriation Act, 2022 (H.R.2471) was signed into law by President Joe Biden on March 15, 2022. The $1.5 trillion omnibus appropriations bill will fund the government through FY 2022.  Of significance, the bill does not include a line item ensuring funding for the Food and Drug Administration’s (FDA) Food Contact Notification (FCN) program.

The U.S. Food and Drug Administration (FDA) issued final guidance on ways to prepare, plan, and work with the Agency to ensure that voluntary recalls are initiated properly and in a timely manner. On March 4, 2022, FDA published a notice regarding the Agency’s issuance of Final Guidance on Initiation of Voluntary Recalls Under 21 CFR Part 7, Subpart C. The guidance applies to voluntary recalls of all FDA-regulated products.

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