The Food Safety Modernization Act
The Food Safety Modernization Act has now been a reality for a few months. We want to urge you to familiarize your organizations with it and to understand how best to prepare for its requirements –...
View ArticleAmerican Beverage Association Sues State Over “Bottle Bill” Amendments
Amendments to Michigan’s Bottle Bill effective March 1, 2011 required bottle manufacturers to provide Michigan-specific markings on non-alcoholic bottles and cans meeting certain sales thresholds. The...
View ArticleFDA Issues First Annual Reportable Food Registry Report
In late January, the FDA issued its report on the first year of the Reportable Food Registry. According to Michael Taylor, FDA Deputy Commissioner for Foods, the data contained in the report...
View ArticleEPA Promulgates New Air Quality Regulations for Industrial and Commercial...
In February 2011, the U.S. EPA promulgated new regulations that will require the use of Maximum Achievable Control Technology (“MACT”) for reducing hazardous air pollutant (“HAP”) emissions from...
View ArticleMDA to Implement Agriculture Environmental Assurance Program
A recently enacted law will expand the Michigan Agriculture Environmental Assurance Program (MAEAP), a voluntary program to help farmers improve environmental practices and reward those that meet...
View ArticleMaking It In Michigan Conference and Trade Show
For more than a year food processors have gathered to discuss various topics and issues facing the industry at monthly Food Processors Lunch & Learns in Grand Rapids. This month, the October 19th...
View ArticleRailroads and the Food Industry
Happy New Year! I’ve promised myself and our marketing department that 2012 will a year of blogging. And that the blogging will reflect much more of my focus on the food industry generally, and not a...
View ArticleBanks & the Food Businesses: Do We Have a Gap in Understanding?
Recently, I’ve worked for a client on refinancing their credit facility. The client is a food processor, and my role in the refinancing was to educate everyone involved (while advocating for my...
View ArticlePersonal Liability Under FSMA?
A week ago, I walked into lunch at the Michigan Agri-Business Association annual conference and was delighted to see a room full of folks; I was even more delighted to hear several of the lunch...
View Article“Pascalization” Provides a New Alternative for Food...
Pascalization, also known as high-pressure processing (HPP), is a procedure for subjecting food to extreme water pressure (typically 40,000 to 80,000 PS) inside pressure chambers. The extreme...
View ArticleAn Update on FDA Records Access Powers
Earlier this month, FDA issued an interim final rule (and request for comments) regarding record availability requirements, new draft guidance for industry on its authority to access records, and...
View ArticleCalifornia Transparency in Supply Chains Act: Big Food Manufacturers Beware
A new law in California – the California Transparency in Supply Chains Act – became effective on January 1, 2012 and it imposes new obligations on large food processors (and other manufacturers), even...
View ArticleIt’s Back! MIFOOD2012
If you've been wondering about the annual Food Summit, the answers are here! I'm on the planning committee for this year's annual Michigan Food Processing & Agri-Business Summit and am delighted...
View ArticleThe Food Safety Modernization Act: Will FSMA Require Changes to Company...
A couple of weeks ago I attended a Michigan Food Protection and Defense Working Group meeting. The crowd included many folks from the food industry and from state government. A few people raised the...
View ArticlePink Slime: The Demise of Beef Products, Inc.
I encourage all food businesses to take a moment and give real thought to whether your business is susceptible, either directly or indirectly, to consequences similar to that which has befallen Beef...
View ArticleVarnum Event Planned to Discuss Importing Produce
The unusually early spring in March and frosts in April have caused a fair amount of turmoil for Michigan produce growers, particularly apple and cherry farms. That, in turn, has left a number of...
View ArticleHow old do you think the average Michigan farmer is?
I attended the Michigan Food Processors & Agri-Business Summit last week. It was full of great information and insight, including a staggering statistic regarding the average age of the Michigan...
View ArticleMeet the Inspector: MDARD and MDEQ
We held our monthly Food Processors Lunch & Learn event on Wednesday, July 18 and listened to representatives from the Michigan Department of Agriculture and Rural Development (MDARD) and the...
View ArticleU.S. Food Safety Regulations & Foreign Operations: International...
Last week, I had the opportunity to teach a session at Michigan State University's Institute for Food Law and Regulation on U.S. Food Safety Regulation. The class was filled with students and...
View ArticleFDA Promises to Not Enforce Food Safety Requirements…Yet
The food industry is trying to prepare for the Food Safety Modernization Act (FSMA), in particular, the new requirement (which is likely to have the greatest impact) requiring food facilities to...
View ArticleStreamlined Liquor Control Code aims to help brewpub licensing process
Within the past few months, the City of Grand Rapids achieved the designation as "Beer City USA" (I will ignore the fact that this distinction must be shared with Asheville, North Carolina). We at...
View ArticleChange in Canadian Allergen Labeling
We are all keenly aware that the FDA requires specific allergen labeling for packaged foods and we know that we need to strive to do it correctly because the FDA has really taken notice. In fact,...
View ArticleFDA Regulations – Impact on Animal Feed and Pet Food Manufacturers
The FDA has regulated animal and pet food products for many years under the same authority as it does human food — the Federal Food Drug & Cosmetic Act. Many of the regulations (but not all!) are...
View ArticleCalifornia’s Prop 37: Will the Tail Wag the Dog?
I've had several clients ask me to help them evaluate the potential effect of California's Proposition 37 on their food businesses. Prop 37, known as the “California Right to Know Genetically...
View ArticleLCC Adopts Policy Change on Concession Agreements
In February 2012, the Liquor Control Commission adopted a change in policy that impacts Class B hotel-licensed operators and applicants, as well as other licensees who provide space within their...
View ArticleMLCC Modifies Policies for Liquor License Issuance Requests
In the first week of June, the MLCC modified its recently adopted policies that govern the protocol for new liquor license issuance requests and request for transfer of ownership and/or location of...
View ArticleCommunity Awaits Changes That May Impact Liquor Control Code
Since early Winter of 2012, the licensed community has waited for the implementation of the recommendations that have been proposed by the State's Office of Regulatory Reinvention, which may...
View ArticleChange in Registration Requirement Postponed
The Food Safety Modernization Act has imposed new registration requirements on the food industry. These new requirements affect all food facilities – including those which had previously registered...
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Potential Policy Changes To Reduce Inequities Faced by Micro Brewers
Growing up, I recall spending significant time looking over my shoulder to make sure that my siblings were not receiving larger portions of our favorite dessert than the piece on my plate and spending...
View ArticleWhat Does California’s Prop 37 Mean?
We've had several clients ask for assistance in evaluating the potential effect of California's Proposition 37 on their food businesses. Prop 37, known as the “California Right to Know Genetically...
View ArticleFDA Facility Registration Now Open
After a short delay, FDA has now opened the re-registration process for use by food facilities. DO NOT LET THESE DEADLINES PASS. The Food Safety Modernization Act ("FSMA") requires all food...
View ArticleAvoid Liability for FDA User Fees
The FDA requires foreign food facilities, as part of their FDA registration, to appoint a "U.S. Agent" – which is a person or entity that maintains a residence or office, and is physically present, in...
View ArticleU.S. EPA Denies Request to Waive RFS Standards to Aid Livestock Producers
Since the first corn-based ethanol production facility became operational, the food industry has faced increased competition for corn. Livestock producers have long argued that the price of corn has...
View ArticleTougher Regulation of “Energy Drinks”?
In late October, Senators Dick Durbin and Richard Blumenthal sent a letter to the FDA urging for tougher regulation of energy drinks. The letter was prompted by news reports that the FDA has recently...
View ArticleFDA Uses New Recall Power for First Time
More than two years ago, the Food Safety Modernization Act authorized, for the first time, the FDA to force a company to conduct a food recall. Prior to that, all food recalls (with the exceptions of...
View ArticleCaptive Insurance Companies – Family-Owned Food Processors Might Consider...
Because I've had a couple of food industry clients inquire of me about the benefits of Captives, I attended a morning seminar on the topic earlier this week. I was very keenly interested in the real...
View ArticleYears Later, PCA Employees Indicted
I had the following email exchange earlier this year with a concerned client: Client (in late January 2013): "Hi Steve, I was wondering if you knew of any cases where employees were prosecuted for...
View ArticleComment Period Extended For Proposed FSMA Rules
Yesterday, the Michigan Department of Agriculture and Rural Development hosted officials from the Food & Drug Administration at a "Listening Session" on the newly proposed rules under the Food...
View ArticleFood Defense Strategy Exchange
I attended, and was privileged to be asked to speak at, the 4th Annual Food Defense Strategy Exchange hosted by Tyco Integrated Security recently in Chicago. It was really a great event, with...
View ArticleDays of Wine and Roses
Who's whining now? Certainly not some of Michigan's 60 small vineyard owners, who are a step closer to being able to hand out samples and sell wine at local farmers markets. Under legislation...
View ArticleGrowlers - Glass or Bottle?
In July 2013, Michigan Gov. Rick Snyder signed Public Act 101 of 2013, which essentially provides certain existing liquor licenses in Michigan with the right to fill Growlers for sale to the ever...
View ArticleMichigan’s BYOB Wine Legislation Now in Effect
After considerable anticipation, House Bill 5046, one of three pieces of legislation regulating Michigan liquor licensees that was approved in late 2013, is scheduled to take effect the week of March...
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