14 September 2026 • 16 minute read
Food and Beverage News and Trends - September 14, 2026
California lawmakers pass restaurant nutrition requirements bill. On August 27, the California legislature sent a bill to Governor Gavin Newsom that would require chain restaurants with 20 or more locations in California that offer children's meals to provide at least one option that meets specified nutrition standards. Passed with strong bipartisan support, SB 977 states that a compliant meal for a child cannot contain more than 550 calories, 700 milligrams of sodium, ten percent of calories from saturated fat, 16 grams of added sugar, or zero grams of trans fat. The bill also proposes that the meal must contain at least two qualifying servings drawn from the categories of fruit, vegetables, dairy, meats and meat alternatives, or whole grains. The bill does not require restaurants to remove existing children’s menu items; rather, it imposes an obligation on in-scope restaurants to offer at least one compliant children’s meal option, which must be identified on the menu with an appropriate icon or symbol. If passed into law, SB 977 would require that chain restaurants provide employees with training on how to comply with these requirements by July 1, 2027.
California legislature passes bill to create non-ultra-processed food label. On August 28, California lawmakers passed AB 2244, which would create a first-of-its-kind state certification program allowing producers to label compliant food and beverage products as “California Certified” non-ultra-processed foods (non-UPF). AB 2244 was initially passed by the California State Assembly in May, and in August, the Senate-amended measure passed unanimously in both houses. If the bill becomes law, the California Department of Public Health will be required to accredit certification agents who can certify food and beverage products as “Non-Ultraprocessed Certified,” create a specified standardized Non-Ultraprocessed Certified seal, and launch a public directory of certified items by June 1, 2029. Products would be able to bear the label only if they are certified by an accredited certification agent and would not be allowed to bear the label if they are classified as a UPF under California AB 1264, which sets out a legal definition of UPFs. Governor Newsom has until September 30 to sign AB 2244, veto it, or let it become law without his signature. Read our earlier coverage of AB 2244 here.
Health Canada proposes mandatory food contact material notification. Health Canada has opened a consultation on a proposed framework that would require companies to formally notify the agency about food contact materials (FCMs) before products go to market, a significant departure from the current voluntary system. Under the existing Canadian Food and Drug Regulations, food cannot be sold in packaging that could harm consumers, but there is no obligation to disclose what chemicals are present in packaging beforehand. The proposed system would cover all FCMs used in food sold in Canada, including food service items like takeout containers, with exemptions for materials separated by an impermeable barrier. Key questions in the consultation include who in the supply chain should bear the notification obligation: packaging manufacturers, food retailers, or brand owners and importers, and whether notifications should be required pre-market, before distribution, or within a defined period after sale. Stakeholder comments are due October 9. Companies involved in food packaging at any level of the supply chain may engage with the consultation.
USDA to purchase agricultural products, including pork, to support food assistance programs. On August 27, the United States Department of Agriculture (USDA) announced it will purchase up to USD156 million in pork and other agricultural commodities for distribution to various food nutrition assistance programs. While pork will be the primary focus, such products as canned peaches, Concord grape juice, fresh mandarins, prunes, raisins, walnuts, and wild-caught shrimp will also be included. The purchase is aimed at providing high-quality US foods to schools, food banks, and other nutrition programs while helping strengthen demand for American agricultural commodities. The purchases will be made under Section 32 of the Agricultural Adjustment Act of 1935, a long-standing program that supports both American farmers and food assistance efforts. Section 32 authorizes the Secretary of Agriculture to make commodity purchases, entitlement purchases, and disaster assistance – using funds appropriated annually from US customs receipts – to encourage domestic consumption. Solicitations for the purchases will be released soon through USDA’s Web-Based Supply Chain Management (WBSCM) system.
President signs two Executive Orders aimed at aiding ranchers. On September 4, President Donald Trump issued a pair of Executive Orders (EOs) focused on American ranchers. The first, “Promoting Fair Competition in Livestock Markets and Expanding Market Access for American Meat Producers,” is intended to reduce barriers to ranchers processing their own product for sale to consumers. This EO directs the Secretary of Agriculture to thoroughly investigate potential violations of the Packers and Stockyards Act, refer cases to the Department of Justice for enforcement, and pursue antitrust actions where appropriate. It also calls for removing unnecessary Food Safety Inspection Service inspection reporting requirements and “overly prescriptive requirements.” The second EO, “Supporting America’s Ranchers,” directs the Secretary of Agriculture, the Secretary of the Interior, the US Trade Representative, and other officials to review relevant regulations, guidance, and agency policies and provide recommendations to promote financial viability and market access for American ranchers. The EO also directs the Secretary of the Interior to evaluate whether the gray wolf and the Mexican wolf should be delisted or downlisted under the Endangered Species Act. That provision appears intended to address concerns raised by some ranching organizations regarding livestock losses attributed to wolf predation.
Ranchers First Initiative to rebuild US beef herd is announced. On August 31, Agriculture Secretary Brooke Rollins announced details of the Ranchers First Initiative, a plan to help rebuild the US beef herd, which is at a 75-year low. The sweeping package of initiatives includes five key initiatives to strengthen the beef industry: 1) new tools to support heifer retention; 2) expanded grazing flexibility during natural disaster recovery by allowing producers to access Emergency Conservation Program on Grassland Conservation Reserve Program acres; 3) revitalization of local beef processing through the Strengthening Processing for US Ranchers (SPUR) program and a new USDA-guaranteed loan program to support regional processing; 4) prioritization of American beef in federal procurement and encouragement of local beef purchases by federal and state institutions, including prisons and hospitals; and 5) support for new farmers and ranchers through programs that connect transitioning military service members with farming and ranching opportunities.
Health Canada introduces interim policy on unenriched white flour. Health Canada has published an interim policy permitting the import and sale of unenriched white flour for use in the manufacture of specific food categories intended for the domestic market. Under existing regulations, white flour sold in Canada must be fortified with iron and B vitamins as part of a public health program to prevent nutrient deficiencies. The new policy, which became effective August 31, recognizes that in certain product categories, including confectionery, frozen desserts, meat patties, sauces, soups, and preparations where flour serves as a carrier ingredient, white flour is present in such minor quantities that its contribution to nutrient intake is negligible. The policy comes with conditions: Unenriched flour must be labeled as such, marked “for manufacturing use only,” and sold only to manufacturers or distributors, not to consumers at retail. The exemption also extends to flour used in foods intended for export. Health Canada has indicated the interim approach is a precursor to formal regulatory amendments under a broader modernization effort.
US investigation into Cyclospora outbreaks continues. The Food and Drug Administration (FDA), USDA, and the Centers for Disease Control and Prevention (CDC) announced on September 3 that they are continuing to investigate the multi-state outbreak of Cyclospora infections linked to iceberg lettuce from Taylor Farms de Mexico. The agencies note, "The best-by dates for this product have passed and should no longer be available in stores or restaurants.” However, the agencies are continuing to investigate both that outbreak and several other apparently unrelated cyclosporiasis outbreaks across the US. Because the number of new cyclosporiasis cases is declining, CDC stated on September 3 that it would no longer issue weekly updates on the outbreaks. Since May 1, CDC has received reports of 18,445 laboratory-confirmed cases of cyclosporiasis acquired in the US. Its laboratories are reportedly still examining more than 13,500 additional cases. While the CDC defines the cyclosporiasis season as May 1 through August 31, new cases are still being reported across the country. Also on September 3, the Ohio Department of Health reported that cyclosporiasis cases in that state slightly rose in the most recent reporting period.
Secretary Rollins announces USDA Data Modernization Plan. Speaking at the Farm Progress Show in Boone, Iowa on September 1, Secretary Rollins announced the USDA Data Modernization Plan, which aims to streamline agricultural data reporting by farmers, ranchers, and other agricultural producers. For many years, USDA has primarily collected data from agricultural producers through mail-in surveys, often followed by in-person visits and phone calls from National Agricultural Statistics Service enumerators. That data collection has also included information gathered through web-based reporting, re-use of data gathered across USDA agencies, and studies of satellite imagery. Such findings are intended to inform market reports and agricultural policy. The Data Modernization Plan aims to modernize the reporting process by improving online reporting tools for agricultural producers, reducing duplicative data requests, and more effectively coordinating the use of existing administrative data. The plan also proposes a pilot program that would aim to enhance acreage and yield estimation through satellite-based crop monitoring, geospatial tools, cloud-based platforms, and other technologies already being used by USDA. See the USDA Data Modernization Plan here.
USDA asks three states to pause their SNAP waiver programs. USDA has asked the states of North Dakota, Ohio, and South Carolina to pause waiver programs that would ban Supplemental Nutrition Assistance Program (SNAP) recipients from using their benefits to buy products like candy and sugary sodas. The requested pause comes in the wake of the June ruling by the US District Court for the District Columbia (DCDC) vacating USDA approvals of SNAP food-restriction pilot projects in Colorado, Iowa, Nebraska, Tennessee, and West Virginia. In that ruling, the court found that USDA had improperly relied on the Food and Nutrition Act’s general pilot-project provision to authorize state efforts to redefine “food” and exclude certain food and beverage categories from SNAP eligibility. The court also found that USDA could not use its general waiver authority to bypass state-specific SNAP pilot program requirements. The ruling remanded the matter to USDA, creating near-term uncertainty for similar state initiatives and for food and beverage manufacturers, retailers, and e-commerce operators that had been preparing for state-specific product restrictions and compliance obligations. The South Carolina and North Dakota waivers were set to take effect on August 31 and September 1, respectively. USDA requested that both states delay implementation until November 1. Ohio’s waiver, which was set to take effect October 1, is reportedly on hold until the state receives further guidance. USDA advised South Carolina that it plans to seek comments through the Federal Register at least 30 days prior to when the waiver is set to take effect. On August 20, USDA submitted a notice of appeal in the US Court of Appeals for the District of Columbia Circuit requesting a review of the DCDC ruling.
New “Made in California” labeling program announced. On August 28, California Governor Gavin Newsom announced a new statewide “Made in California” labeling and marketing program open to all in-state manufacturers, including food and beverage producers, whose products are substantially made in California. Products qualify for the label when they are “Substantially Made in California” – that is, when at least 51 percent of their wholesale value involves manufacture, assembly, fabrication, or production in the state. The program, including the process for applying for a label, was originally enacted in 2013 as a public-private collaboration under California Government Code Sections 12098.10 and 12098.11 and is being managed by the Governor’s Office of Business and Economic Development and the California Office of the Small Business Advocate. Fees for eligible applicants are waived through the end of this year; thereafter, fees will be used to support the program’s administration. Successful applicants will be granted a Made in California license for two years, after which they may apply for renewal. The state says the label will give California manufacturers greater visibility with consumers, retailers, investors, and potential contractors. Among companies that have already received the Made in California label are a craft brewery, a cookie-of-the-month club, and a manufacturer of organic oatmeal. See the Made in California website here.
CFIA Food Fraud Report: More than 150,000 kilograms of misrepresented food intercepted. The latest Food Fraud Annual Report from the Canadian Food Inspection Agency (CFIA) reveals that the agency prevented more than 150,000 kilograms of misrepresented food from reaching Canadian consumers between April 1, 2024 and March 31, 2025, the most recent reporting period. Labeling inspections found compliance rates of only 63 percent for fish products and 69 percent for expensive oils, while net-quantity verification for general food products yielded a compliance rate of 73 percent. Organic fresh and frozen fruits and vegetables, by contrast, scored a perfect compliance rate. CFIA has also committed to publishing the names of businesses subject to enforcement action on its website, adding reputational risk to existing penalties. For food importers, processors, and retailers, the report is a reminder that internal quality controls and supply chain verification remain the front line of regulatory compliance. See the Food Fraud Report here.
Bill would restrict dietary supplement sales to California minors. On September 4, the California legislature passed AB 2030, a bill that would prohibit the sale and delivery of over-the-counter diet pills or dietary supplements for weight loss or muscle building to individuals under age 18. The bill considers a dietary supplement to be any product that is labeled, marketed, or otherwise represented for the purpose of achieving weight loss or building muscle, if the product bears statements or images that express or imply such purposes, or if it contains a steroid, creatine, green tea extract, raspberry ketone, Garcinia cambogia, green coffee bean extract, or an FDA-approved ingredient for weight loss or muscle building. Sellers would be required to perform an identification check to confirm buyers are at least 18 years old. The bill includes civil penalties for violations of no more than USD500 for each violation. AB 2030 has been sent to Governor Newsom for signature.
FDA seeks comments on modernizing framework for approval of botanical drug products. On September 3, FDA issued a request for information (RFI) seeking public comment on approaches to modernizing the regulatory framework for botanical drug products derived from herbs and other plants, algae, and macroscopic fungi. The RFI will inform FDA's work to advance the development of such products. Botanical drug products are inherently complex and variable, posing considerable challenges for both manufacturers and regulators related to potency, identity, and batch-to-batch quality control. Although the agency issued the updated Botanical Drug Development Guidance in 2016 addressing characterization, quality control, clinical investigation, and regulatory considerations, only four botanical drugs have been approved since then. Comments on the RFI are due by November 3.
New World Screwworm update.
- USDA’s Animal & Plant Health Inspection Service (APHIS) has lifted the infected-zone designation for the sole county in New Mexico affected by New World Screwworm (NWS) and two of the affected zones in Texas. All three regions, APHIS stated, met all zone release requirements outlined in the New World Screwworm Response Playbook.
- On September 3, Mexico Business News reported that the government of Mexico has established a new entity, the Technical-Scientific Council of the National Strategy against New World Screwworm (Consejo Técnico-Científico de la Estrategia Nacional contra el Gusano Barrenador del Ganado), which will lead the transition from the National Emergency Response Protocol, which focused on addressing NWS in regions with known outbreaks, to a nationwide campaign to control and eradicate NWS across the country. The council reportedly will work closely with the National Service for Agro-Alimentary Public Health, Safety, and Quality (Servicio Nacional de Sanidad, Inocuidad y Calidad Agroalimentaria or SENASICA), which has been leading Mexico's national anti-NWS animal health campaign. Mexico Business News also reports that Mexican livestock producers have warned the government "that as long as the illegal importation of cattle from Central America into Mexico continues, the risk of New World Screwworm spreading will remain."
- Texas Parks and Wildlife (TPW) stated on September 7 that, to date, more than 700 million sterile NWS flies have been released in Texas, in and around areas with confirmed NWS infestations. The sterile flies, TPW noted, are coated with a non-toxic fluorescent dye so that they glow under ultraviolet light for ease of identification. See the TPW sterile-fly dispersal tracking tool here.
- The most recent report of an NWS infestation in the US was confirmed by USDA on August 30, in a pet dog in Crockett County, Texas.
Avian influenza update. As we noted in our previous issue, reports of H5N1 avian influenza in US commercial poultry operations have emerged as the fall migration season begins. At this writing, new outbreaks have recently been reported in South Dakota, affecting a commercial turkey and a breeder hen operation, and in Minnesota, in a commercial turkey flock. APHIS and the World Organisation for Animal Health state that they are continuing to monitor outbreaks around the world. USDA also recently confirmed outbreaks of H5N1 in several mink farms in Utah – the first time the virus has been documented in captive minks in the US.
