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The legislation comes ahead of an impending end-of-year deadline set in the FY 2026 appropriations bill that is expected to remove most currently marketed intoxicating, hemp-derived THC beverages from the legal market by the end of 2026 through the closure of a loophole created by the 2018 Farm Bill.

The appropriations bill for FY 2026 prohibits FDA from using federal funds to implement FSMA 204 before the delayed July 2028 compliance date. Earlier implementation of the Traceability Rule could have enabled faster, more effective response to the ongoing cyclosporiasis outbreak linked to Taylor Farms lettuce.

The microbiological quality of most ready-to-eat (RTE) plant-based meat, dairy, and fish substitutes was satisfactory, but elevated levels of pathogens and indicators in some commodities raised process and hygiene concerns. An analysis of the products’ physico-chemical properties suggested they could support microbial growth.

The resource provides recommendations and examples for implementing FSMA Preventive Controls for Human Foods Rule requirements to control known or reasonably foreseeable biological hazards in fresh-cut produce.

The self-affirmed GRAS pathway has supported innovation in the food industry for decades by allowing companies to bring new ingredients to market based on robust scientific evidence. As FDA considers changing this pathway, manufacturers should understand both the criticisms driving the debate and the steps they can take to prepare for potential regulatory change.

Most restaurant brands already collect enough third-party audit data to understand risk better, but the data are usually trapped in a compliance framework. The problem is not a lack of data; it is that the data are organized around checklist completion rather than outbreak causation. 

Federally defining UPFs could allow U.S. regulatory agencies to pursue specific policies for the category. The importance of processing versus nutrient content and formulation in causing diet-related chronic diseases, as well as the value of defining UPFs, has been heavily debated.

Importantly, the proposal would not establish a premarket review and approval process for GRAS substances. Companies could still independently conclude that a substance is GRAS and market it while FDA evaluates the notice.

In this bonus episode of Food Safety Matters, we speak to USDA's Under Secretary for Food Safety, Dr. Mindy Brashears, and Administrator USDA-FSIS, Dr. Justin Ransom, about the future of food safety oversight at the agency, its emerging Salmonella strategy, evolving approach to Listeria control, the creation of a new scientific advisory panel, and the use of data, AI, and other technologies for inspection and risk identification.

The Senate confirmed Erica Schwartz, M.D., J.D., M.P.H. as the new Director of CDC on August 5, making her the agency's first permanent leader in nearly a year. Dr. Schwartz previously served as Deputy Surgeon General during the first Trump administration and as Chief Medical Officer for the U.S. Coast Guard.