Navigating Key Regulatory Agencies for the Food Industry: Comprehending the Jurisdiction, Function, Organization and Interplay of the FDA, USDA, FTC, EPA, State and Local Health Agencies
Nury Yoo
Partner
Faegre Drinker Biddle & Reath LLP
- Understanding how the responsibilities and jurisdiction of FDA, USDA, FTC, EPA and state and local health agencies intersect and overlap
- Deciphering the organizational structure of each agency and their respective roles in food regulation
- DHHS: FDA – HFP (Human Foods Program), (Dietary Supplements) CDC (Centers for Disease Control and Prevention)
- USDA – FSIS (Food Safety Inspection Service), AMS (Agriculture Marketing Service), APHIA (Animal Plant Health Inspection Service)
- FTC – Bureau of Consumer Protection
- EPA (Environmental Protection Agency)
- Food and Nutrition Service (FNS)
- State and local health agencies and agriculture departments
- Defining the scope of each agency’s jurisdiction and authority
- Labeling
- Marketing, promotion and advertising
- Product recalls
- Examining how each agency exercises its jurisdiction and regulatory authority
- Rule making
- Product decisions
- Enforcement
- Guidance documents
- Addressing preemption challenges between state and local authorities
- Understanding when federal laws preempt state regulation
- Examining how state authorities exercise their authority despite preemption
- Assessing the implications of Loper Bright for agency rulemaking concerning food, and addressing new challenges to the tenets of the Administrative Procedures Act (APA)