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Michael Best’s Agribusiness, Food &amp; Beverage practice represents more than 130 clients in every part of the industry. We serve clients at every link in the food production and distribution chain: growers, processors, makers, distributors, and retailers of food, feed products, and ingredients; as well as trade associations, equipment manufacturers, packagers, restaurant management companies, and other industry service providers. Our work involves M&amp;A, real estate, environmental and other regulatory compliance, food safety, recalls, labeling/claims, intellectual property, labor and employment, litigation, commodity contracting and logistics, and more. Legal Bites is a quarterly newsletter designed to keep our clients current on legal happenings affecting the industry.

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USDA Announces Release of Obligated Funds for 543 Projects<strong>​</strong>

U.S. Secretary of Agriculture Brooke Rollins announced the USDA will release obligated funding under the Higher Blends Infrastructure Incentive Program (HBIIP) for 543 projects totaling $537 million in 29 states...<a href="https://insights.michaelbest.com/post/102k73n/usda-announces-release-of-obligated-funds-for-543-projects" target="_blank" rel="noopener">Read more</a>

The GRAS is Not Always Greener: FDA to Reconsider the Food Industry’s Continued Use of GRAS Self-Affirmation

On March 10, 2025, U.S. Health and Human Services Secretary Robert F. Kennedy Jr. instructed the Food and Drug Administration (“FDA” or “the Agency”) to evaluate the food industry’s continued use of the Generally Recognized As Safe (GRAS) self-affirmation process...<a href="/insights/the-gras-is-not-always-greener-fda-to-reconsider-the-food-industrys-continued-use-of-gras-self-affirmation/" id="3917" target="_blank" rel="noreferrer noopener">Read more</a>

This week, the Department of Health and Human Services, along with the Food and Drug Administration, announced efforts to phase out a number of petroleum-based synthetic dyes from the nation's food supply.  This includes revoking...<a href="https://insights.michaelbest.com/post/102k9e8/bye-bye-petroleum-based-dyes?news" target="_blank" rel="noopener">Read more</a> 

Opportunity to Suggest Changes to Federal Regulations

Do you have a regulation that you think should be changed or rescinded? Well, now is your chance to formally make that request. The government has made it easy by setting up a website where anyone can submit their suggestions in several minutes...<a href="https://insights.michaelbest.com/post/102k8ws/opportunity-to-suggest-changes-to-federal-regulations?news" target="_blank" rel="noopener">Read more</a> 

FDA Announces Online Tool to Access Consolidated Contaminant List in Food

The day before the Senate confirmed this week's new FDA Chair, Dr. Marty Makary, the Agency released a searchable, online tool of a consolidated list of contaminant levels (e.g., tolerances, action levels, and guidance levels) used to evaluate...<a href="https://insights.michaelbest.com/post/102k6qu/fda-announces-online-tool-to-access-consolidated-contaminant-list-in-food?news" target="_blank" rel="noopener">Read more</a> 

USDA Announces 5-Step Plan to Respond to Avian Influenza

In just her second week on the job, recently confirmed USDA Secretary Brooke Rollins announced today a five-pronged strategy and a $1 Billion commitment aimed at responding to the occurrence of H5N1 in the poultry and dairy industries...<a href="https://insights.michaelbest.com/post/102k21n/usda-announces-5-step-plan-to-respond-to-avian-influenza?news" target="_blank" rel="noopener">Read more</a> 

Domestic Fluid Milk Gains First in 15 Years and Cheese Exports Bounce in 2024

There are some positive signs from 2024 for the dairy industry moving forward, although headwinds are ever-present, particularly as trade uncertainties prevail for the moment. The National Milk Producers Federation (NMPF) released its Dairy Market...<a href="https://insights.michaelbest.com/post/102k11t/domestic-fluid-milk-gains-first-in-15-years-and-cheese-exports-bounce-in-2024?news" target="_blank" rel="noopener">Read more</a> 

H5N1 in Dairy Update - New Strain; Raw Milk Testing

I haven't posted on this topic in a while because it seems like the situation changes almost daily. But here is the latest. This month, a new genotype of H5N1 was detected in dairy cattle in Nevada and Arizona. This new strain, genotype D1.1, originated…<a href="https://insights.michaelbest.com/post/102k11g/h5n1-in-dairy-update-new-strain-raw-milk-testing?news" target="_blank" rel="noopener">Read more</a> 

Science does not agree on how alcohol affects your health

The science is clear that heavy drinking is bad for you. It raises the risk for many conditions including heart and liver disease and over half a dozen types of cancer, resulting in some 178,000 deaths in the U.S. each year. The more a person...<a href="https://insights.michaelbest.com/post/102k09v/science-does-not-agree-on-how-alcohol-affects-your-health?news" target="_blank" rel="noopener">Read more</a>

What will RFK, Jr. do now that the DGAC punted on ultra processed foods?

I've been posting a lot about ultra processed foods (UPF) and how they might be treated in the 2025-2030 Dietary Guidelines. A couple months ago, a highly anticipated report was issued by the Dietary Guidelines Advisory Committee (DGAC) that...<a href="https://insights.michaelbest.com/post/102k06q/what-will-rfk-jr-do-now-that-the-dgac-punted-on-ultra-processed-foods?news" target="_blank" rel="noopener">Read more</a>

Expect these food and beverage trends to compete for your attention in 2025

I read articles about industry “trends” with skepticism. Because I aways ask myself whether what is being written about is actually a trend or is just something that is important to the author – and whether s/he is trying to make it into a...<a href="https://insights.michaelbest.com/post/102k06s/expect-these-food-and-beverage-trends-to-compete-for-your-attention-in-2025?news" target="_blank" rel="noopener">Read more</a>

Nobody seems to be happy with FDA's front-of-pack labelling proposal. Why?

I've done a lot of posting in the past about food and beverage labels. The upshot of my messages has generally been that nobody seems to agree on how best to do it. And there is no better proof of that than the reaction to the Food and Drug...<a href="https://insights.michaelbest.com/post/102juh3/nobody-seems-to-be-happy-with-fdas-front-of-pack-labelling-proposal-why?news" target="_blank" rel="noopener">Read more</a>

What does FDA's ban of Red Dye No. 3 mean for you?

Beginning in 2027, the Food and Drug Administration (FDA) will require food and beverage manufacturers to start removing Red Dye No. 3 from their products. In announcing the ban, FDA downplayed the dye's risk to humans, saying the cancer risk of...<a href="https://insights.michaelbest.com/post/102juh2/what-does-fdas-ban-of-red-dye-no-3-mean-for-you?news" target="_blank" rel="noopener">Read more</a>

U.S. Surgeon General wants cancer warnings on alcoholic beverages. Will Congress act?

A few months ago (August 2024), I asked whether “alcohol in moderation” would be eliminated from the 2025 dietary guidelines. My post was motivated by the increasing body of scientific literature suggesting that any amount of alcohol can have...<a href="https://insights.michaelbest.com/post/102jscj/u-s-surgeon-general-wants-cancer-warnings-on-alcoholic-beverages-will-congress?news" target="_blank" rel="noopener">Read more</a>

The FDA has a new definition for "healthy" and it will be found on a food label near you

One of my many New Year's resolutions was to eat healthier. A nice idea, you might say, but what does that mean? At the end of 2024, the Food and Drug Administration issued a final rule to help me (and everyone else) eat better in 2025 by updating...<a href="https://insights.michaelbest.com/post/102jsck/the-fda-has-a-new-definition-for-healthy-and-it-will-be-found-on-a-food-label-n?news" target="_blank" rel="noopener">Read more</a>

Rows of leafy green plants being watered inside a large greenhouse with overhead irrigation systems.

Greenhouse interior with rows of young green plants being watered by overhead misting systems.

Legal Bites: Q1 2025 Edition

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