Navigating Key Regulatory Agencies for the Food Industry: Comprehending the Jurisdiction, Function, Organization and Interplay of the FDA, USDA, FTC and Local Health Agencies
Brandon Neuschafer
Partner
Bryan Cave
Alan Pryor
Partner
Alston & Bird LLP
- Understanding how the responsibilities and jurisdiction of FDA, USDA, FTC and local health agencies intersect and overlap
- Deciphering the organizational structure of each agency and their respective roles in food regulation
- DHHS: FDA – CFSAN (Center for Food Safety and Applied Nutrition); (ODSP) Office of Dietary Supplement Programs; CDC (Center for Disease Control)
- USDA – FSIS (Food Safety Inspection Service), AMS (Agriculture Marketing Service), APHIA (Animal Plant Health Inspection Service)
- FTC – Bureau of Consumer Protection
- State and local health agencies
- 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
- Exploring proposed changes at FDA for the Human Food program
- Addressing preemption challenges between state and local authorities
- understanding when federal laws preempt state regulation
- examining how state authorities exercise their authority despite preemption