14 August 2026 • 16 minute read
Food and Beverage News and Trends - August 14, 2026
FDA’s proposed GRAS rule goes live. On August 11, the United States Food and Drug Administration (FDA) published its proposed rule, “Substances Generally Recognized as Safe.” The agency currently allows manufacturers to independently conclude that a substance is generally recognized as safe (GRAS) for its intended use without notifying FDA. If finalized, the rule would require manufacturers to submit GRAS notices to FDA before introducing new substances for use in human food, animal food, or food contact applications, effectively converting the current voluntary notification framework into a mandatory premarket notification program. The rule is intended to increase agency oversight and systematic review of new food chemicals. It also seeks to increase transparency by requiring FDA to maintain a public inventory of submitted GRAS notices and their conditions of intended use. FDA proposes a “time-limited” exception to the mandatory notification requirement that would allow a streamlined submission for certain intended uses of substances already in interstate commerce. In addition, FDA has proposed a modification to its threshold of regulation exemption for human food “to reflect updated scientific guidance and to include uses of substances in food and as a food contact substance.” Industry stakeholders have expressed concern that the rule would increase the burden associated with establishing safety, slow the introduction of new ingredients, and create competitive disadvantages based on potential disclosure of proprietary information. Comments on the proposed rule must be submitted by December 9, 2026.
FDA and USDA submit first proposed definition of UPFs for final OIRA review. On August 3, FDA and the US Department of Agriculture (USDA) submitted the federal government’s first proposed definition of ultra-processed foods (UPFs) for final Office of Information and Regulatory Affairs (OIRA) review. Its framing as a proposed definition rather than a proposed rule could expedite its formalization, allowing it to inform policy and regulatory approaches and to encourage voluntary industry actions without the often years-long process needed to establish mandatory regulations. At a US Department of Health and Human Services (HHS) event on August 10, agency officials discussed their concerns about UPFs. A non-government speaker at the event, Dr. Dariush Mozaffarian, identified a broad array of ingredients that may fall within the definition, including sweeteners, flavors, colors, thickeners, stabilizers, texturizers, preservatives, emulsifiers, and chemically modified proteins, sugars, and fats. Dr. Mozaffarian noted that any formal definition may include an exemption for foods that meet established criteria for “healthy.” While the definition itself has no legal effect, Dr. Mozaffarian mentioned that a formal definition would enhance research, incentivize reformulations, and provide transparency for consumers through potential changes to labeling rules. Stakeholders can request an Executive Order (EO) 12866 meeting here. See our earlier coverage of FDA’s efforts to define UPFs here.
Food industry calls for federal regulatory uniformity. In a July 28 letter to Congress, a coalition of 269 food industry stakeholders urged legislators to establish uniform federal labeling and ingredient requirements for food. In the absence of federal policy updates, individual states have increasingly passed or considered their own ingredient regulations; in 2025, 38 states considered such legislation. The coalition’s letter expresses concern that this expanding patchwork of state laws could create conflicting compliance obligations for manufacturers, retailers, distributors, farmers, and food producers that operate in interstate commerce, thereby increasing costs to consumers, disrupting supply chains, and limiting access to safe, nutrient-dense food choices. The coalition, Americans for Ingredient Transparency (AFIT), includes food and agricultural sector trade groups, state associations, cooperatives, manufacturers, bakeries, retailers, distributors, and related entities, including nutrition and food safety organizations. The letter urges Congress to develop a single national standard governing food ingredient review, use, and labeling; modernize the GRAS framework; reaffirm FDA as the primary federal authority overseeing ingredient safety (although AFIT’s letter does not explicitly ask Congress to pursue regulatory preemption over the states); advance transparency and consumer confidence with practical, science-based reforms that are consistent nationwide; and preserve food affordability and supply chain resilience. See the coalition’s letter here.
FDA to reopen comment period for BHT RFI. FDA announced on July 29 that it has again reopened the comment period for the request for information (RFI) on butylated hydroxytoluene (BHT) in human food and as a food contact substance (Docket No. FDA-2026-N-2526). The agency states it is reopening the comment period in response to stakeholder requests for additional time to compile and submit relevant data and scientific information. The original RFI was released on May 13, with a July 13 deadline for comments. The new deadline for submitting either electronic or written comments is August 31. See our earlier coverage of the original RFI here.
US Cyclospora outbreak. The impacts of the nationwide cyclosporiasis outbreak continue to be counted. US state and federal health officials are currently investigating seven apparently separate outbreaks of the parasitic infection in 47 states. Some of those outbreaks are thought to have already ended. The primary outbreak, FDA states, has been linked to exposure to Taylor Farms de Mexico iceberg lettuce, which has been recalled. On August 5, FDA stated that the total confirmed case count for that particular outbreak was 6,358 illnesses reported from 15 states. Two people in Michigan, the epicenter of the primary outbreak, have died. FDA states on its website, “The true number of sick people in this multistate outbreak is likely higher than the number reported, and the outbreak may not be limited to the states with known illnesses.” Federal health officials are also investigating other outbreaks of cyclosporiasis nationally that are unrelated to the primary one, according to the US Centers for Disease Control and Prevention. Notably, numerous media outlets have observed a discrepancy between federal agency statistics and the figures reported by the states, as a number of outlets across the country reported on August 3 that state health officials found at least 25,000 cases of cyclosporiasis in 47 states and the District of Columbia, with 308 hospitalizations and two deaths. On August 1, Axios reported that, considered overall, this has become the third largest foodborne illness outbreak in US history. Numerous lawsuits arising from the outbreak have been filed, focusing on such allegations as gross negligence, sale of adulterated food, and violations of consumer protection laws.
FDA finalizes fresh-cut product guidance. On August 12, FDA published its finalized Guide To Minimize Biological Hazards in Ready-to-Eat Fresh-Cut Produce. The guidance finalizes the agency’s draft guidance issued in 2018, entitled “Guide to Minimize Food Safety Hazards of Fresh-Cut Produce,” and supersedes the 2008 guidance on microbial food safety hazards in fresh-cut fruits and vegetables. This finalized guidance is intended to help manufacturers and processors comply with the Food Safety Modernization Act’s preventive controls requirements. Notably, it clarifies its application only to ready-to-eat fresh-cut produce with a water activity above 0.85 and adds recommendations and examples concerning antimicrobial process controls, supply chain programs, and time and temperature controls.
Canada seeks to add billions to its economy by increasing domestic food processing. CBC News reports there have been extensive industry calls to increase Canada’s domestic food processing sector and reduce the export of raw agricultural products for processing abroad. The Canadian federal government’s recently released national food security strategy pledges hundreds of millions of dollars to strengthen domestic food processing, with a goal of increasing the proportion of domestically processed food consumed in Canada from 70 percent to 80 percent. Industry advocates such as Protein Industries Canada estimate that the right investments, infrastructure, and policy support could unlock up to CAD25 billion in annual GDP growth in plant-based ingredient manufacturing and food processing alone. However, producers and processors point to ongoing challenges including regulatory burdens, high taxes, and the loss of Canadian processing plants.
BC considers potential regulatory changes to permit food-processing plants to be constructed on certain Agricultural Land Reserve Lands. As reported by BC Gov News, the Government of British Columbia is engaged in a six-week process with First Nations, local governments, and agricultural and food-processing industry in BC to consider a proposed regulatory change that would enable the construction of food-processing plants on certain lands covered by the Agricultural Land Reserve (ALR) as part of a proposal to strengthen BC’s food security. To qualify, the lands must be considered ill suited to primary agricultural production, and five percent of the primary product used in the processing must be grown or raised in the province. Under the proposed regulations, food-processing plants could be built on Class 5–7 soil, or on Class 4 soil if the given parcel is serviced by the date the regulations are implemented. Those seeking to construct food processing plants on such land will require an assessment from a registered professional agrologist to ensure the soil classification meets the criteria. Interested parties are invited to submit feedback on the proposed regulatory changes by email to AF.Minister@gov.bc.ca until September 3.
FDA to centralize functions, generalize inspectors. FDA has announced a reorganization plan that it states will centralize and enhance key functions across the agency, reduce redundancies, improve efficiency, and advance alignment to better serve the American public. The agency stated that administrative functions such as human resources, finance, and information technology will be centralized at FDA’s Office of Operations in Silver Spring, Maryland under a shared service model rather than handled by the agency’s nine individual centers. Specialized field inspectors who currently oversee specific product categories will instead operate as generalists, conducting inspections and investigations across multiple industries. The reorganization proposal, reportedly known internally as “Simple Reform,” will go into effect on October 1. See our earlier coverage of the job reductions at HHS here.
Food Labeling Modernization Act reintroduced in the Senate. On July 29, US Senators Richard Blumenthal (D-CT) and Cory Booker (D-NJ) introduced S 5166, the Food Labeling Modernization Act (FLMA) of 2026, to address confusing and misleading information printed on food packages. Companion legislation (HR 8385) had been introduced in the House of Representatives by US Representatives Frank Pallone, Jr. (D-NJ) and Rosa DeLauro (D-CT) in April. The Senate bill would direct the Secretary of HHS to establish a single, standard front-of-package nutrition labeling system in a timely manner for all food products that are required to bear nutrition labeling. It would also, among other things, institute a standardized symbol system for calorie information related to serving size, require that ingredient lists are reformatted to improve readability, require that labels provide information about major food allergens and gluten-containing grains, and require that online marketplaces that sell food also list the required label information on their sites. The FLMA would also address defining terms such as “Ultraprocessed” and “Not Ultraprocessed,” and would require HHS to launch a study on fortifying corn masa flour with folic acid. Versions of the FLMA have been introduced in both houses of Congress since 2013. The current Senate bill has been read twice and referred to the Committee on Health, Education, Labor, and Pensions.
USDA signals update to bioengineered foods list. The 2026 Unified Agenda signals that USDA intends to update its List of Bioengineered Foods later this summer. The list identifies foods available in a bioengineered form and establishes a presumption that regulated entities should maintain records and evaluate whether bioengineered food disclosure requirements apply. Any updates could have implications for food manufacturers’ labeling, recordkeeping, and compliance obligations under the National Bioengineered Food Disclosure Standard.
FPT Ministers of Agriculture conclude their annual conference, issue the Halifax Statement. On July 17, before concluding their annual conference, Canadian federal, provincial, and territorial (FPT) Ministers of Agriculture issued the Halifax Statement, which sets out a shared vision, guiding principles, and key priorities for the Next Policy Framework (NPF). The NPF, covering years 2028 to 2033, is built around four priority areas: driving economic growth and competitiveness; diversifying markets and increasing trade, advancing science, research, and innovation; and enhancing sector resilience. Ministers also agreed in principle to advance AgriStability changes related to non-arm’s-length labor and contract work for the 2027 program year, discussed the importance of maintaining access to the Temporary Foreign Worker Program to address persistent agricultural labor shortages, and reaffirmed their commitment to reducing internal trade barriers in food and agriculture. The conference also addressed progress on pesticide management, including the FPT Action Plan developed by the Working Group on Pesticide Management, and ministers welcomed an update on the Grocery Code of Conduct, with a review report expected in January 2027.
Ontario proposes amendments to the Agricultural Tile Drainage Installation Act and its regulation. Proposed changes to Ontario’s Agricultural Tile Drainage Installation Act would eliminate the Class C machine operator license, remove renewal requirements for Class A and Class B operator licenses, and eliminate the licensing requirement for tile drainage machines, including related inspection, renewal, and transfer obligations. The Ministry of Agriculture, Food and Agribusiness notes that global positioning system and machine technology advancements since the framework was introduced in 1973 have improved both the accuracy of tile drainage machines and industry’s ability to independently evaluate performance, reducing the need for government-conducted in-field examinations. Business licenses would be retained, with new attestation requirements added so that applicants must confirm the accuracy and operability of any machine used in tile drainage installation. Overall, the ministry estimates that the proposed amendments would save Ontario businesses approximately 220 hours and CAD7,207 annually by simplifying the graduated licensing system for operators, removing machine licensing processes, and eliminating renewal paperwork.
FDA announces FY 2027 VQIP, TPP user fee rates. FDA has announced the fiscal year (FY) 2027 user fee rates for importers approved to participate in the Voluntary Qualified Importer Program (VQIP) and accreditation and certification bodies interested in participating in FDA’s Accredited Third-Party Certification Program (TPP). VQIP is a voluntary, fee-based program that offers expedited review and importation of human and animal foods into the US for importers that can demonstrate strong control over food safety, supply chain security, and compliance processes. Participation in VQIP can significantly reduce delays and uncertainty at the border. To participate in the program, food importers must meet certain eligibility requirements, including ensuring that the facilities of their foreign suppliers are certified through the TPP. Approved VQIP applicants must pay the user fee before October 1. The FY 2027 TPP fees were detailed in a separate Federal Register notice on July 30. Both fees are authorized under the Food Safety Modernization Act to cover the agency’s cost of administering the programs. The VQIP application portal will remain open until September 1. See our earlier coverage of the VQIP program here.
USDA proceeds with reorganization plan despite lawsuit. On June 17, the USDA Rural Development Mission Area announced that it is moving ahead with its plans to move nearly 3,000 members of its workforce out of the Washington, DC area in order to modernize operations, increase accountability, and ensure federal resources are positioned where they can deliver the greatest impact. In July, a coalition of federal employee labor unions, nonprofits, and local governments filed a lawsuit in the US District Court for the Northern District of California seeking to halt the USDA reorganization, which would entail moving thousands of employees to new regional hubs across the country. This suit is the second supplemental complaint to the original suit filed on April 28, 2025, in response to President Donald Trump’s EO 14210 requiring every federal agency to submit plans, by April 14, 2025, to carry out significant reductions in force. That EO led to USDA’s announcement of its reorganization plan in July 2025. The plaintiffs have asked the court to block USDA from implementing its reorganization plan. See our earlier coverage of the USDA reorganization plan here.
New World Screwworm update.
- At this writing, one new case of New World Screwworm (NWS) has been detected in the US since the beginning of August, in a sheep in Terrell County, Texas. Overall, 45 cases of the parasite have been confirmed in the US this year, all in livestock and all but one in Texas.
- USDA will invest USD25 million to build an additional NWS sterile fly dispersal facility in Arizona, Secretary of Agriculture Brooke Rollins announced on July 29. The announcement came during the Secretary’s visit to the Douglas Commercial Port of Entry, which on August 24 will become the first US port to reopen to Mexican livestock. The location of the new sterile fly facility has not been announced; in late July, Arizona Governor Katie Hobbs wrote to USDA proposing that it be built in Douglas. Regarding the coming reopening of the border, Rollins noted that inspectors from USDA’s Animal and Plant Health Inspection Service (APHIS) will implement enhanced veterinary inspection protocols at Douglas for all animals moving through the port. USDA later stated, “Any animal failing to meet APHIS import criteria will be denied entry, and detection of NWS would immediately halt imports through the facility.” If the reopening at Douglas proceeds as planned, the Santa Teresa and Columbus, New Mexico ports of entry will reopen to Mexican livestock. All the reopenings are contingent on Mexico’s continuing compliance with the bilateral NWS Joint Action Plan and certain safety milestones.
- On July 31, USDA’s Food Safety and Inspection Service (FSIS) announced that, to strengthen its ability to detect potential residues from drugs used to treat or prevent NWS, it is enhancing its veterinary drug residue surveillance program under the National Residue Program. In addition, starting September 1, FSIS will also increase its routine residue surveillance at livestock slaughter establishments in certain geographic regions.
CFIA encourages Canadians to participate in Tree Check Month. The Canadian Food Inspection Agency (CFIA) has encouraged Canadians to partake in Tree Check Month, an annual August campaign focused on improving the health of trees and recognizing their economic and environmental significance. The initiative encourages the public to help take steps to mitigate invasive species that threaten tree health such as emerald ash borer, Asian longhorned beetle, and hemlock woolly adelgid. The CFIA has provided several resources for Canadians who wish to participate and encourages the public to stay vigilant for invasive species and report suspicious findings immediately.
