3 August 2026 • 15 minute read
Food and Beverage News and Trends - August 3, 2026
FDA defers GRAS rule until December. The United States Food and Drug Administration (FDA) is postponing its release of a proposed rule updating the Generally Recognized as Safe (GRAS) process to December 2026, according to the FDA website and the July 2026 Unified Agenda which publishes a list of all rules to be published by federal agencies. The proposed rule would end the current self-affirmation process, mandating premarket notification to FDA for substances ostensibly regarded as GRAS. Under the rule, FDA would presume that covered food substances are not GRAS unless the notification requirement is met. The effort to reform the GRAS process also continues in Congress, where S 3122, the Better Foods Disclosure Act or Better FDA Act, has been read twice and referred to the Senate Committee on Health, Education, Labor and Pensions (HELP Committee). That measure would, among other things, require manufacturers to notify FDA of 1) existing GRAS ingredients within two years of its enactment and 2) new GRAS ingredients at least 120 days prior to their first use. It would also create a centralized, publicly accessible registry of accepted GRAS substances and permit post-market reevaluations of GRAS substances by FDA.
Prater: Defining ultra-processed foods is challenging. On July 14, Donald Prater, D.V.M., FDA’s Acting Deputy Commissioner for Human Foods, stated that crafting the agency’s highly anticipated definition of ultra-processed foods (UPFs) is still a priority but is proving “quite challenging.” In a keynote address at the Institute of Food Technologists’ IFT FIRST event in Chicago, Prater said that the science around UPFs is still developing, with a variety of definitions being used. He emphasized that FDA’s role is not to ban UPFs but rather to ensure that the food supply is safe, that labeling is truthful and not misleading, and that consumers have the information they need to make informed choices for themselves and their families.
FDA revokes authorization for a color additive and proposes revoking another. FDA has issued a final order revoking the authorized use of Orange B as a color additive in food and has proposed revoking the authorized use of Citrus Red No. 2 as a color additive in food. Both additives are petroleum-based. The agency said the use of Orange B for coloring the casings or surfaces of frankfurters and sausages has been abandoned by industry, making the color additive regulation outdated and unnecessary. Orange B was last certified for use as a color additive in US-marketed food in 1978. The order becomes effective on September 8. Additionally, FDA has proposed to issue an order that would repeal the color additive regulation that allows for the use of Citrus Red No. 2 for coloring the skins of mature oranges. Based on certification data, it appears that Citrus Red No. 2, first allowed for coloring mature orange skins in 1959, is no longer used by the citrus industry and has not been certified for use as a color additive in food marketed in the US since 2020. FDA is accepting public comments on the proposed revocation through August 24.
FDA publishes final rule updating the pasteurized orange juice standard. FDA has issued a final rule, “Food Standards of Identity Modernization; Pasteurized Orange Juice,” amending the standard of identity (SOI) for pasteurized orange juice. The amended standard lowers the minimum soluble solids content of orange juice from 10.5° to 10° Brix. Degrees Brix is a standardized measurement of sugar content in a solution; 1 degree Brix corresponds to 1 gram of sugar in 100 grams of solution. The updated standard also permits up to 15 percent Citrus reticulata juice or Citrus reticulata hybrid juice, by volume. The new rule is in response to a citizen petition submitted by the Florida Citrus Processors Association and Florida Citrus Mutual in 2022 asserting that Florida’s average Brix level for orange juice has continually dropped because of the effects of citrus greening disease and severe weather, causing the average Brix values to fall below the current level prescribed in the SOI that the FDA issued in 1963. To meet FDA’s current requirements, some manufacturers have imported high-Brix orange juice from abroad. Updating the SOI for pasteurized orange juice reflects the FDA’s efforts to strategically update food standards to better align with current agricultural norms while maintaining the essential characteristics of the product. The compliance date for this rule is August 19, 2026.
Senate HELP Committee advances the Making America’s Food Safer Act and the Childhood Diabetes Reduction Act of 2026. With bipartisan support, the Senate HELP Committee has advanced two food oversight measures to the Senate floor: S 4974, the Making America’s Food Safer Act, and S 5026, the Childhood Diabetes Reduction Act of 2026. S 4974 would give FDA the authority to destroy unsafe imported food products that pose significant risks to public health. It would also fortify FDA's accredited third-party certification program. S 5026 would, among other things, mandate front-of-package warning labels for foods that are UPFs or that contain high volumes of sugars, saturated fats, and sodium. It would also give FDA and the Federal Trade Commission the authority to restrict or ban marketing of such products directed at children.
Nine premiers sign operating agreement removing barriers to interprovincial alcohol sales. The premiers of nine Canadian provinces have jointly announced that they are removing major barriers to interprovincial alcohol sales. Under the operating agreement signed on July 21, the premiers of Alberta, British Columbia, Manitoba, New Brunswick, Newfoundland and Labrador, Nova Scotia, Ontario, Prince Edward Island, and Saskatchewan each agreed to adopt or maintain a regulatory system permitting direct-to-consumer sales of alcoholic beverages across provincial boundaries. The agreement will replace the previous system of trade barriers that largely prohibited the sale of alcoholic beverages from one province being shipped to consumers in another province. While the new trade system is effective immediately, the province of British Columbia has indicated that it will not have the necessary enabling regulations in place until next February.
USDA to resume cattle imports from Mexico in August. In a July 24 press release, the US Department of Agriculture (USDA) announced a coordinated, phased reopening of southern cattle ports beginning August 24. The reopening, USDA stated, will be contingent on Mexico’s adherence to the New World Screwworm (NWS) Joint Action Plan. USDA closed the US border to imports of cattle from Mexico in November 2024 after NWS was detected in a cow in southern Mexico. The agency then reopened the border in early 2025 before closing it again in May 2025, when NWS cases were confirmed in Mexican border states. Beginning August 24, the Douglas, Arizona port of entry will reopen to Mexican livestock. “After evaluating the success of the initial reopening and potential impacts or risk assessment changes, APHIS will then consider reopening the Santa Teresa, NM, and Columbus, NM, ports to live cattle, bison, and horses,” USDA stated. After the reopening, if increased risks are identified, “The opening of ports may be paused.” Meanwhile, at this writing, 42 cases of NWS have been confirmed in US animals, almost all of them livestock in Texas. In that state, restrictions on the movement of warm-blooded animals now cover parts of 22 Texas counties. On July 27, the Houston Chronicle reported that the Texas outbreak appears to have slowed, with no new cases reported since July 21, as the USDA blankets the state with sterile NWS flies. See some of our earlier coverage of the border closure and the NWS outbreak here and here.
CFIA proposes amendments to Enhanced Feed Ban. The Canadian Food Inspection Agency (CFIA) has pre-published proposed regulatory amendments aiming to better align Canada’s Enhanced Feed Ban (EFB) with regulations in the US. The EFB was enacted in 2007 to help prevent bovine spongiform encephalopathy (BSE) in cattle. As amended, the new regulations will continue to prohibit all specified risk material (SRM) from being added to food and ruminant feed. However, the amended regulations will permit the use of certain lower-risk SRM in non-ruminant feed, fertilizer, and pet food. According to the CFIA, the changes are aimed at reducing costs and unnecessary waste in the Canadian food industry, are backed by science, and will not increase Canada’s risk of BSE.
CFIA issues labeling guidance for plant-based alternatives to eggs. CFIA has published new labeling guidance for plant-based alternatives to egg products, setting out expectations for how these products must be labeled and advertised to avoid misleading consumers. The guidance addresses common names, claims and statements, images, trademarks, packaging, and overall impression, emphasizing that all labeling elements must make it clear to consumers that a product is not an egg product and must accurately describe the food's true nature. The CFIA also advises that any use of terms associated with standardized egg products must be appropriately qualified. The guidance is grounded in the prohibitions against false and misleading labeling under the Food and Drugs Act and the Safe Food for Canadians Act and follows a framework similar to the CFIA's existing labeling guidance for plant-based alternatives in other food categories. The compliance deadline for this guidance is January 1, 2030.
New Hampshire governor vetoes meat processing bill. On July 10, New Hampshire Governor Kelly Ayotte announced her veto of a bill that would loosen state regulations for meat processing. The bill, HB 396, would have allowed farmers to sell certain meat products, within state lines, from animals that had been slaughtered and processed on the farm rather than at a slaughterhouse facility certified by USDA. In her veto statement, Governor Ayotte said that she blocked the bill because New Hampshire does not have its own meat and poultry inspection program and relies on federal inspection for meat products. She cited a letter from federal officials asserting that passage of the bill would put New Hampshire in violation of the federal Meat Inspection Act, which requires farmers to work with USDA-certified programs or send their livestock to department-certified facilities for processing. Governor Ayotte added that she would direct Shawn Jasper, Commissioner of the New Hampshire Department of Agriculture, Markets, and Food, “to convene a group of our small producers to discuss a path forward that does not violate federal law.”
Federal court allows challenge to California Prop 12 to advance. The US District Court for the Central District of California will allow a challenge to California Proposition 12 to proceed. Prop 12 sets minimum space standards for breeding pigs, veal calves, and egg-laying hens regardless of where the animals were raised. Among other things, it prohibits the sale in California of whole pork sourced from animals whose housing did not meet certain confinement specifications. As we have previously reported, in 2023 the US Supreme Court narrowly rejected a challenge to Prop 12 brought by the National Pork Producers Council and the American Farm Bureau Federation, and in 2024 the US Court of Appeals for the Ninth Circuit dismissed an appeal from the Iowa Pork Producers Association that also attempted to reverse Prop 12. The latest challenge was brought by Missouri-based pork producer Triumph Foods, which alleged that Prop 12 violates the Constitution’s Due Process Clause and Commerce Clause. While the court dismissed the Due Process claims, it has allowed the Commerce Clause claims to move forward. The court previously dismissed the plaintiff’s pre-emption and Import-Export Clause arguments.
CFIA issues Food Fraud Annual Report. The CFIA has released its latest Food Fraud Annual Report, highlighting enforcement and testing efforts that prevented more than 150,000 kilograms of misrepresented food from being sold in Canada. The CFIA’s work focused on preventing, detecting, and deterring false, misleading, and deceptive practices in the preparation, labeling, sale, and advertising of food. The agency conducted targeted authenticity testing of such products as fish, honey, maple syrup, meat, oils, grated hard cheese, tea, and fruit juice, as well as label reviews for inaccurate or missing information. The report also includes compliance results for authenticity testing, labeling checks, and net quantity verification, with olive oil, fish labeling, and certain expensive oils showing lower compliance rates than some other key categories. The CFIA said it will continue adapting its sampling strategies to evolving food fraud risks, including concerns about misweighed meat products and forthcoming reviews of potentially false or misleading in-store Canadian content claims.
FDA advises human and animal food facilities to protect their Food Facility Registration information. FDA has reminded businesses to register their food facilities with the FDA only when required and to protect their Food Facility Registration (FFR) information from potential misuse. The agency said it had become aware of a number of issues regarding when registration is required and potential misuse of FFR, including:
- An uptick in businesses registering their facilities with the FDA when they are not required to do so
- Third-party businesses or "registrars" requesting FFR numbers, PINs, FDA Unified Registration and Listing System user names, and/or passwords to verify registration status
- Third-party seller platforms asking food companies to provide copies of their FDA FFRs or certificates as part of their product-listing process
The above issues, FDA notes, could create security risks for both businesses and FDA and subject facilities to unnecessary inspections. Here are steps FDA suggests to help businesses keep their information safe.
FSIS to test Salmonella pilot program in poultry plants. USDA’s Food Safety and Inspection Service (FSIS) has announced that it will begin a new pilot program for raw poultry establishments to measure Salmonella levels throughout slaughter and processing operations. As we have previously reported, last year USDA withdrew the Salmonella Framework for Raw Poultry Products, a proposed rule and proposed determination that arose from years of research and stakeholder input assessing USDA’s approach to Salmonella illnesses associated with poultry products. In January this year, it restarted the process from scratch with a public meeting that discussed practical strategies for reducing Salmonella illnesses attributed to poultry products. The newly announced pilot program will be open to chicken and turkey slaughter or processing establishments subject to one or more of the current poultry Salmonella performance standards (carcass, parts, and comminuted) that incorporate either Salmonella biomapping into their food safety system or a validated Critical Control Point (CCP) to control Salmonella into their Hazard Analysis and Critical Control Point (HACCP) plan. FSIS will consider waiver requests under the Salmonella Initiative Program for alternative sampling frequency under the carcass microbial testing frequency regulation (9 CFR 381.65(g)(2)(i)). If waivers are implemented, FSIS may use the information gained during the pilot to evaluate potential regulatory changes at a future date. Processors interested in participating are required to submit biomapping sampling plans to FSIS. The plan should highlight specific sites throughout the facility for sampling and testing for Salmonella, including the enumeration of Salmonella levels.
USDA, HHS, EPA bolster consumer collaborations relating to chemical contaminants in food. On July 9, USDA, the US Department of Health and Human Services (HHS), and the US Environmental Protection Agency (EPA) announced an updated Memorandum of Understanding (MOU) to reaffirm their shared commitment to protecting consumers from heavy metals and other contaminants in food. For decades, the agencies have coordinated through the National Residue Program to monitor and regulate meat, poultry, and egg products. This updated MOU strengthens collaboration under this program and adopts new methods to better detect and address potential risks arising from chemical contaminants by modernizing how the agencies work together, streamlining how they share information, coordinating their scientific expertise, and improving how they detect and address potential risks. For instance, FSIS has taken steps to enhance monitoring for heavy metals in foods by implementing a streamlined laboratory method that can detect extremely low levels of 18 heavy metals. If elevated or unusual levels are detected, FSIS then conducts science-based assessments to determine when the agency should take action to keep implicated products out of the food supply. FSIS will also expand its surveillance of heavy metals to include processed foods, such as sausages and ready-to-eat meals, that combine ingredients from multiple sources. The data collected by FSIS currently shows that heavy metal contamination of raw meat and poultry products is extremely rare, but the agency stated that it will continue to surveil such foods and to publish ongoing test results online, helping ensure transparency for industry and consumers.
Avian flu update. This month, Utah was the only US state to report confirmed outbreaks of the H5N1 strain of avian influenza in both commercial poultry and dairy cattle.
- On July 21, officials in Weber County, Utah declared a state of emergency to address H5N1 outbreaks at four dairies. The action closely follows a similar declaration in Utah’s Box Elder County. The affected Weber County dairies are experiencing a reduction in milk production of 6,000 to 10,000 pounds of milk per day, according to the Weber County Farm Bureau.
- USDA has confirmed that in the 30 days leading up to July 27, two commercial flocks in Utah have been struck with the virus, affecting 1.49 million chickens – table egg pullets and table egg layers.
