A comprehensive summary of today’s judicial, legislative, and regulatory developments in agriculture and food. Email important additions HERE.

                                                                                                                                               

REGULATORY: Includes EPA, FSA, FDA

ENVIRONMENTAL PROTECTION AGENCY

Final rule prohibits all manufacturing (including import), processing, and distribution in commerce of hexachlorobutadiene (HCBD) (CASRN 87-68-3) and HCBD-containing products or articles, recognizing that there is unintentional production of HCBD as a byproduct during the production of chlorinated solvents, and that results in distribution in commerce of a very limited subset of that byproduct for burning as a waste fuel. Info here.

Final rule prohibits the processing and distribution of phenol, isopropylated phosphate (3:1) (PIP (3:1)) (CASRN 68937-41-7) and PIP (3:1)-containing products, with specified exclusions, and prohibits the release of PIP (3:1) to water during manufacturing, processing, and distribution. Info here.

Final rule prohibits all manufacture (including import), processing, and distribution in commerce of decabromodiphenyl ether (decaBDE) (CASRN 1163-19-5), or decaBDE-containing products or articles, with some exclusions. Info here.

Final rule prohibits the distribution in commerce of 2,4,6-tris(tert-butyl)phenol (2,4,6-TTBP) (CASRN 732-26-3), and products containing 2,4,6-TTBP at concentrations above 0.3% in any container with a volume of less than 35 gallons for any use, in order to effectively prevent the use of 2,4,6-TTBP as an antioxidant in fuel additives or fuel injector cleaners by consumers and small commercial operations (e.g., automotive repair shops, marinas). Info here.

Final rule prohibits all manufacturing (including import), processing, and distribution in commerce of pentachlorothiophenol (PCTP) (CASRN 133-49-3), and PCTP-containing products or articles for any use, unless PCTP concentrations are at or below 1% by weight. Info here.

FARM SERVICE AGENCY

Final rule establishes the Quality Loss Adjustment Program to provide assistance to producers who suffered eligible crop quality losses due to hurricanes, excessive moisture, floods, drought, tornadoes, typhoons, volcanic activity, snowstorms, and wildfires occurring in calendar years 2018 and 2019. It also amends the provisions for the Wildfire and Hurricane Indemnity Program Plus to be consistent with the Further Consolidated Appropriations Act, 2020, by adding excessive moisture and drought occurring in 2018 and 2019 as qualifying disaster events and clarifying eligibility of sugar beets. Info here.

FOOD AND DRUG ADMINISTRATION

Final rule establishing January 1, 2024, as the uniform compliance date for food labeling regulations that are published on or after January 1, 2021, and on or before December 31, 2022. Info here.

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