Navigating Key Regulatory Agencies for the Food Industry: Comprehending the Jurisdiction, Function, Organization and Interplay of the FDA, USDA, FTC and Local Health Agencies

May 23, 2017 1:45pm – 4:15pm

Diane J. Romza-Kutz
Thompson Coburn LLP

With new administration, the interplay between agencies and regulatory enforcement activity hang in the balance. This session will examine current interplay in jurisdiction of these various agencies as well as assessments for an increase in power of state and local authorities in absence of federal enforcement and regulations. Points of discussion will include:  
  • 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
  • Examining how each agency exercises its jurisdiction and regulatory authority
    • Enforcement
  • Addressing preemption challenges with state and local authorities
    • Understanding when federal laws preempt state regulation
    • Examining how state authorities exercise their authority despite preemption
  • If federal enforcement declines, will state and local authorities fill the gap?