CHICAGO, August 11, 2025 — IFMA The Food Away from Home Association launched a new benefit for members: A roundup of regulatory developments affecting the food-away-from-home business, including policy changes that are part of the Administration’s Make America Healthy Again (MAHA) initiative. The report is compiled and written by Dr. Joy Dubost, a renowned food scientist and registered dietitian with strong knowledge of what’s happening on the regulatory front.


USDA

Great American Farmers Market 
On August 3rd, USDA kicked off a week-long celebration at the National Mall in honor of American farmers. The afternoon daily events included cooking demos with USDA Secretary Rollins and HHS Secretary Kennedy, goat yoga, kid friendly activities and various vendors selling fresh produce, meats, and homemade goodies. To support this initiative members of Congress passed a resolution to recognize farmers markets in the U.S. every year during the week of Aug. 3-9. A press conference to announce the event can be found here. 

USDA Relocation
USDA Secretary Rollins has noted the relocation of most of the USDA’s D.C.-based staff to five hubs across the country are “about 95 percent” finalized. USDA opened a public comment period on the reorganization plan due to frustration expressed by the agriculture industry and allies who were not notified sooner of these plans to relocate.

USDA to Purchase Food for Communities
Secretary Rollins announced the USDA's plan to purchase up to $230 million in fresh seafood, fruits, and vegetables from American farmers and producers for distribution to local food banks and nutrition programs. These purchases, made through Section 32 of the Agriculture Act of 1935, will support producers and communities in need. More information is found here.



FEDERAL UPDATE

Dietary Guidelines for Americans  
At the recent Great American Farmers Market held in D.C., Secretary Kennedy shared that he is working with Secretary Rollins on the next Dietary Guidelines for Americans, with an expected release by September 2025 although based on previous comments from Kennedy this timeline continues to change. He noted the Guidelines will be 4-6 pages long, aiming to help people make good food choices. FDA Commissioner Dr. Makary provided remarks which emphasized the agency's commitment to health, prioritizing the inventory of banned chemicals in the food supply, reevaluating the GRAS standard, and addressing ultra-processed foods per the FDA’s recent UPF Request for Information..


FDA 

Standard of Identity (SOI) for OJ 
The FDA has proposed amending the over 60-year-old Standard of Identity for pasteurized orange juice to promote honesty and fair dealing for consumers and provide flexibility to the food industry. This proposal is part of the FDA's ongoing review of over 250 SOIs to ensure they are useful and relevant. The proposed rule would reduce the minimum Brix requirement (a measure of sugar content) from 10.5% to 10%.

New Appointment 
FDA and HHS announced that Sean Keveney has been appointed Chief Counsel at the FDA. Keveney most recently served as Acting General Counsel of HHS. In this previous role he led the legal team to advance key administration priorities and ensure legal standards across public health programs. 

Former FDA Commissioner Files Petition to FDA 
Dr. David Kessler, a former FDA commissioner during the H.W. Bush and Clinton administrations submitted a letter to HHS Secretary Kennedy coinciding with filing a citizen petition with the FDA to ban processed refined carbohydrates from the U.S. food supply as he notes this is the driver of metabolic harmful effects of ultra-processed foods. Dr. Kessler was the former FDA commissioner who took on the tobacco industry. The letter to Kennedy calls on the Agency to “remove processed refined carbohydrates from the food supply on the basis that they should no longer be considered “Generally Recognized as Safe” (GRAS).” The petition identifies processed refined carbohydrates as 1) refined sweeteners, such as corn syrup, corn solids, glucose syrups, dextrose, invert sugar, xylose, maltose, and high-fructose corn syrups, 2) maltodextrin and refined flour and starches subjected to food extrusion technology, including wheat, corn, tapioca, oat and potato flour, and starches processed by extraction or similar technology, and 3) sucrose, refined flour, and starch when used in combinations with emulsifiers, humectants, dough conditioners, stabilizers and gums, or modified starches. The petition does not seek to limit sugar, flour, or starch when used at home. Typically, the FDA is to respond to a petition within 180 days, however based on previous citizen petitions the FDA often does not respond in a timely manner and on occasions can take years. However, given the focus of MAHA and consumers on ultra-processed foods this petition may gain interest from others for FDA and HHS to act. This petition will be one to closely monitor. 

Food Traceability Rule 
FDA is proposing to extend the compliance date for the Food Traceability Rule by 30 months. The rule establishes additional traceability recordkeeping requirements, beyond what is already required in existing regulations, for persons who manufacture, process, pack, or hold foods found on the Food Traceability List. In theory the requirements in the rule will allow for faster identification and removal of potentially contaminated food from the market, resulting in fewer foodborne illnesses and deaths.

STATE & MAHA UPDATES

Supplemental Nutrition Assistance Plan (SNAP)
USDA Secretary Rollins and HHS Secretary Kennedy signed six new SNAP state waivers taking the total to 12 states with SNAP waivers. These waivers, part of President Trump's Make America Healthy Again initiative, will amend the definition of food for purchase under SNAP in West Virginia, Florida, Colorado, Louisiana, Oklahoma, and Texas starting in 2026 with a focus on removing sugar sweetened beverages and candy. More details have yet to be established. Prior to these SNAP waivers, recipients could buy anything except alcohol, tobacco, hot and prepared foods, and personal care products. Secretary Rollins has previously signed waivers for Nebraska, Iowa, Indiana, Arkansas, Idaho, and Utah.

West Virginia
Schools in WV are now having to comply with the nation's first ban on artificial dyes in student meals. The burden of compliance falls on individual school districts, which have been working with vendors to remove dozens of items from their menus. Utah, California and Virginia have also passed similar laws with other states considering similar legislation. Link here on WV.