Food and Beverage News and Trends - January 23, 2026

This regular publication by DLA Piper lawyers focuses on helping clients navigate the ever-changing business, legal, and regulatory landscape.

Leadership developments announced at USDA, USTR.

• Changes at FSIS. On January 9, the US Department of Agriculture (USDA) Food Safety and Inspection Service (FSIS) announced that Robert Bane will join its Office of the Administrator as Deputy Administrator of Field Operations. Most recently, Bane served as Executive Associate for Regulatory Operations within the Office of Field Operations (OFO) and was previously Assistant Administrator of the Office of Investigation, Enforcement, and Audit. In addition:

• Melissa Moore has been named Assistant Administrator of OFO
  
  
• C. Natalie Duncan has assumed the role of Assistant Administrator of the Office of Management
  
  
• Karen Hunter has transitioned from her role as Acting Deputy Assistant Administrator of OFO to become the Assistant Administrator of the Office of Public Affairs and Consumer Education

• Benavidez appointed USDA Chief Economist. Dr. Justin Benavidez has been appointed to serve as the USDA’s Chief Economist, replacing Dr. Seth Meyer, who is retiring. Dr. Benavidez will lead the department’s economic analysis and forecasting efforts. Previously, Dr. Benavidez served as Chief Economist for the Majority Staff of the US House Committee on Agriculture, where he provided economic analysis on farm bill policy, commodity markets, and agricultural legislation. Before his service on Capitol Hill, Dr. Benavidez worked as an agricultural economist with the Texas A&M University AgriLife Extension Service.
  
  
• Callahan confirmed for USTR agricultural post. In December, the US Senate confirmed Dr. Julie Callahan as Assistant US Trade Representative for Agricultural Affairs and Commodity Policy for the Office of the US Trade Representative (USTR). In this role, Dr. Callahan is overseeing efforts to promote the interests of US farmers, ranchers, and food manufacturers, such as oversight of agricultural trade policy development and work to reduce trade barriers to American agricultural exports. Callahan has been with the Office of the USTR since 2016, most recently as Assistant USTR for agricultural affairs and commodity policy. Before that, she held senior leadership positions at the Food and Drug Administration (FDA).

FDA seeks information to improve gluten ingredient disclosure. In response to a September 2023 citizen petition from the advocacy nonprofit Celiac Journey, FDA has issued a Request for Information (RFI) regarding adverse reactions due to “ingredients of interest,” which include non-wheat gluten containing grains (i.e., rye, barley, or their crossbred hybrids) and oats. The Agency is seeking data on the prevalence, severity, and potency around adverse reaction and allergies to these ingredients, on undisclosed ingredients, and on potential consumer perspectives and experiences around avoidance of foods containing these ingredients. This step was taken to advance the Make America Healthy Again (MAHA) initiative by “demanding radical transparency in packaged food ingredients that affect health conditions and diet-related allergies,” according to US Department of Health and Human Services Secretary Robert Kennedy, Jr. FDA intends to use the information to determine what future regulatory actions may be needed to protect consumers.

Court required changes to bioengineered food disclosure labeling. The Ninth Circuit’s October 2025 decision in Natural Grocers v. Rollins marks a significant shift in the federal bioengineered food disclosure framework. The court held that USDA’s detectability-based exemption for highly refined ingredients – under which products like refined sugars, oils, and starches were excluded solely because modified genetic material is undetectable – is legally impermissible. As a result, USDA is required to revise its regulations, and the ruling could meaningfully expand the scope of products subject to disclosure once those changes take effect. The court also ordered USDA to eliminate the current QR code and stand-alone text message disclosure options, stating that these digital methods fail to provide consumers with meaningful access to bioengineered food information and thus must be redesigned. While the existing rule remains in place pending further district court proceedings and USDA’s follow on rulemaking, the decision sets the stage for substantial regulatory updates. Food manufacturers and retailers may begin preparing for more expansive disclosure requirements and changes to allowable disclosure formats.

Multiple states challenge USDA's renewed effort to cut SNAP benefits. On January 9, attorneys general (AGs) of nearly two dozen states and the District of Columbia filed a motion with the US District Court for the Northern District of California to enforce an injunction blocking the USDA from withholding Supplemental Nutrition Assistance Program (SNAP) funding from states that refuse to share sensitive personal information of food assistance benefit recipients. The motion states that the government has renewed its demand for SNAP applicant and recipient records dating back six years, including such data as home addresses, Social Security numbers, and immigration status. The states further claim that this request for data is a violation of the court's preliminary injunction issued in October, which found the states were likely to succeed on their claims that the SNAP Act does not require sharing such sensitive personal data. SNAP is overseen by USDA, funded by the federal government, and administered by the states. The USDA said it is requesting the SNAP data to "prevent fraud and abuse," but the AGs argue the agency's demand is part of a coordinated effort by the government to collect Americans’ personal information from every possible source. The case is State of California et al. v. U.S. Department of Agriculture et al.

GAO reports that FDA has not completed all FSMA requirements. A report issued on January 7 by the Government Accountability Office (GAO) found that, while the FDA has completed many of the requirements of the Food Safety Modernization Act (FSMA), certain key requirements remain incomplete. In the 15 years since the passage of FSMA in 2011, the Agency has issued nine regulations under FSMA that set out standards to help prevent contamination throughout the food supply chain. But, the report observes, the Agency has not completed 5 of the 46 requirements, such as finalizing guidance to protect against the intentional adulteration of food and on hazards analysis and preventive controls for human food, separate from animal food; reporting on the progress of the national Food Emergency Response Laboratory Network (FERN); and implementing a system to improve FDA’s capacity to track food in the US, nor has it developed performance management processes to assess whether the requirements of the nine FSMA rules are being met by industry. FDA ascribes its incomplete response to “competing priorities” and the massive reorganization of the Agency, finalized in October 2024. To move forward, GAO recommends a series of actions to be taken by FDA’s Human Foods Program, among them to issue guidance protecting against the intentional adulteration of food, publish a report on its progress in implementing a national food emergency response laboratory network, and establish a product tracing system to enhance existing foodborne outbreak response processes. Regarding the last recommendation, in November 2025, Congress restricted the use of federal funds to “administer or enforce” Section 204 of the FSMA, the Food Traceability Rule, until July 20, 2028.

All food sold in Canada must now meet new FOP nutrition labeling rules. Canada’s new front-of-package (FOP) labeling requirements are now in effect. These requirements, introduced by Health Canada in 2022, mandate a clear symbol on the front of pre-packaged foods that are high in saturated fat, sugar, or sodium. A 3.5 year transition window ended on December 31, 2025, meaning older labels are no longer acceptable for newly produced or imported products. However, items already in stores or packaged before that date can continue to be sold. The Canadian Food Inspection Agency (CFIA) will oversee compliance with the FOP requirements using its standard enforcement process. To support industry, the government has provided resources such as the Industry Labelling Tool and Health Canada’s detailed FOP guidance document. Health Canada will continue answering questions about the intent and technical aspects of the requirements until June 30, 2026, after which CFIA will handle enforcement related inquiries.

Canada and China strike landmark tariff deal. Canada has reached what Prime Minister Mark Carney called a “preliminary but landmark” trade deal with China, under which China will significantly reduce tariffs on Canadian agricultural products, such as canola. Tariffs on Canadian canola seed will decline to a combined rate of approximately 15 percent, down from about 85 percent, and China’s 100-percent tariff on Canadian canola meal will be entirely eliminated. Canada, in return, will increase the quota of Chinese electric vehicles allowed into the country, and they will be subject to a significantly lower tariff rate. The deal follows Prime Minister Carney’s meeting with President Xi Jinping in Beijing and is part of a broader effort to reset Canada–China relations after years of strained ties.

Register for FDA virtual public meeting on allergen thresholds. Registration is open for FDA’s February 18 virtual public meeting on food allergen thresholds, as well as for subsequent listening sessions on February 19 and 20. The meeting, which is a collaborative effort between FDA and industry representatives, healthcare professionals, and consumer groups, will discuss topics such as current regulatory frameworks, risk assessment methodologies, and global approaches to food allergen management. Three panels will address risk-based food allergen threshold concepts, risk communication and labeling strategies, and potential applications for implementing food allergen thresholds. The February 19 and 20 listening sessions offer participants the opportunity to provide feedback on food allergen thresholds and their potential applications. Questions for consideration during the February 18 public meeting, including the panels, may be submitted during the registration process until February 3. Registration for that meeting will remain open until the meeting starts. Registration for the listening sessions closes on February 3. Register here, and see the event materials here.

USDA-FSIS meets to discuss a new phase in Salmonella reduction efforts in poultry. On January 14, USDA-FSIS held a public meeting on strategies to reduce Salmonella contamination in poultry products. During the meeting, newly appointed USDA Under Secretary for Food Safety, Dr. Mindy Brashears, shared the agency’s vision for regulating Salmonella in poultry, focused on the importance of tailored strategies, data-driven decisions, and considering the needs of small- and medium-sized establishments. The hybrid meeting included more than 50 in-person and 300 virtual attendees. In a press release, the agency stated that the discussions reflected years of groundwork by FSIS scientists, policy experts, data analysts, and program staff who have advanced the science, developed analytical tools, and shaped policy approaches that inform today’s work. Dr. Brashears emphasized that data must continue to drive progress, stating, “We can’t manage what we can’t measure.” She maintained that interventions must be supported by science and validation, with data guiding decisions around critical control points. The comment period on how to address Salmonella through better use of data, policy options, and alternative performance standards remains open until February 2.

More than 330 pistachio products recalled in Canada due to Salmonella contamination. The CFIA has broadened its pistachio-related Salmonella recall, warning that many retail and food service businesses across Canada may be selling affected products. The contaminated pistachios were imported from Iran, and temporary import bans and stricter licensing rules on Iranian pistachios have been implemented. Canadians are urged to check products at home, avoid cooking with pistachios of unknown origin, and watch for symptoms like vomiting, diarrhea, fever, and chills. A full list of affected products is available on the CFIA recall website.

Fresh reports of screwworm in Mexican border state. On January 19, Texas Agriculture Commissioner Sid Miller reported that eight new cases of New World Screwworm (NWS) have been confirmed by the National Service for Agro-Alimentary Health, Safety and Quality (SENASICA) in the Mexican border state of Tamaulipas. Referring to the joint NWS containment effort launched last year by the US and Mexico, Miller commented, “We’re grateful sterile fly deployment has begun, but make no mistake: Texas producers need to stay on high alert along our border.” Mexican livestock has been barred from entry into the US since May due to the NWS outbreak. In August, Agriculture Secretary Brooke Rollins announced several new initiatives to combat the spread of the dangerous parasite, such as the production of 300 million sterile screwworm flies a week and the ramping up of inspections along the border. Miller implemented a plan to enhance federal efforts through early detection in high-risk areas along the Texas–Mexico border and advised Texas ranchers to further increase their vigilance. “Early detection and aggressive surveillance are how we protect Texas livestock,” he stated. As of January 7, more than 13,200 Mexican cases of NWS have been reported in this outbreak, almost all of them in southern states like Veracruz and Campeche.

Avian flu update.

• In the 30 days before this writing, the H5N1 strain of avian influenza has been confirmed in 27 commercial flocks in 12 US states – most recently in Delaware, Georgia, Kansas, Minnesota, and Pennsylvania. The situation in Kansas is regarded as the most severe, having affected 414,000 birds, the highest total reported nationwide in this period. Since this global outbreak came to the US in 2022, nearly 185 million birds raised for food have been lost. Since H5N1 made its surprise jump to dairy cattle in 2024, it has been detected in 1,084 herds in 19 US states, most recently in Wisconsin in December. No other part of the world has experienced an H5N1 outbreak in dairy cattle to date.
  
  
• The H5N1 strain of avian influenza has been detected at a non commercial poultry farm near Victoria, British Columbia. The CFIA confirmed the presence of the virus on January 8, and containment measures are still being developed. Other outbreaks of H5N1 have resulted in quarantines at 16 other commercial sites in British Columbia.
  
  
• On January 15, the Minnesota Poultry Testing Laboratory in Willmar, that state’s hub for avian influenza testing, learned that it had obtained an exception from the USDA’s current freeze on USD130 million in agricultural funding for Minnesota, allowing farmers in the state to receive H5N1 tests for free. Another USD1 million in new monies for avian influenza research and prevention, secured for the lab in August by Senators Amy Klobuchar and Tina Smith (both D-MN), is not affected by the USDA freeze. The Willmar facility is part of the University of Minnesota’s Veterinary Diagnostic Laboratory.