The U.S. Food and Drug Food and Drug Administration (FDA) has issued two guidance documents intended to assist restaurants and other retail food establishments during the COVID-19 public health emergency.

FDA has issued guidance that gives flexibility for chain restaurants and other retail food establishment on its menu labeling requirements.  The guidance outlines FDA’s temporary policy to suspend the requirement that restaurants provide nutrition information on their menus and menu boards.

Additionally, the FDA issued a fact sheet, Safely distributing unused human food for animal food use. The guidance helps suppliers who have food that can no longer be distributed for human use divert their food for animal food use to farmers and animal food manufacturers.  The guidance outlines what types of suppliers can send food for animal food use, how suppliers should send the food, what types of food should be sent, and how the food should be packaged, labeled, and held for transport.  However, food retailers will need to also follow any state regulations for animal food in addition to following the FDA guidance.

Husch Blackwell has the experience to shepherd suppliers and restaurants through FDA’s changing guidelines.  Our FDA lawyers are available to discuss these developments and identify steps your company can take to appropriately comply. Contact Seth Mailhot, Emily Lyons or your Husch Blackwell attorney for more information.

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Photo of Seth Mailhot Seth Mailhot

With an education in chemical engineering and a prior career at the U.S. Food and Drug Administration, Seth brings clients rare regulatory insight on food, medical device and drug matters. As Leader of the firm’s FDA group, Seth handles a broad array…

With an education in chemical engineering and a prior career at the U.S. Food and Drug Administration, Seth brings clients rare regulatory insight on food, medical device and drug matters. As Leader of the firm’s FDA group, Seth handles a broad array of matters involving FDA-regulated products and services including food, medical devices, pharmaceuticals, biotechnology, tobacco, radiation-emitting electronic products and cosmetics.

Photo of Emily Lyons Emily Lyons

Emily grew up on a northern Illinois dairy farm, and now helps clients bridge the gap from farm to fork. She guides clients on complex regulatory issues as they bring dairy products, beverages, fruits and vegetables, processed foods and other agricultural goods to…

Emily grew up on a northern Illinois dairy farm, and now helps clients bridge the gap from farm to fork. She guides clients on complex regulatory issues as they bring dairy products, beverages, fruits and vegetables, processed foods and other agricultural goods to market. At the intersection of agriculture, food and environment, Emily handles compliance matters such as labeling, marketing, permitting and agency inquiries including the Food Safety Modernization Act, Pasteurized Milk Ordinance, USDA National Organic Program and bioengineered food disclosure standard, Generally Recognized as Safe status for food additives and food contact substances, and the Safe Drinking Water and Toxic Enforcement Act of 1986 (Proposition 65).

Photo of Julia Banegas Julia Banegas

Julia enjoys helping clients move business forward in highly regulated sectors. With her interest in the heavily regulated areas of government contracts and international trade, Julia helps clients conduct business smoothly across the nation, and throughout the world.