Constituent Update: FDA to Extend Compliance Date for Food Traceability Rule

The U.S. Food and Drug Administration (FDA) will extend the compliance date for the Food Traceability Rule, part of the Food Safety Modernization Act, by 30 months.

While the compliance timeline is being extended, the requirements of the final rule remain unchanged. The FDA remains committed to full implementation, with the goal of enhancing food safety and protecting public health. The additional time is intended to help covered entities ensure effective coordination across the supply chain.

The Food Traceability Rule, issued in 2022, establishes enhanced traceability recordkeeping requirements for anyone who manufactures, processes, packs, or holds food items listed on the Food Traceability List (FTL). The list includes a variety of commodities, such as nut butters, including almond, cashew, walnut, pistachio, hazelnut, chestnut, coconut, and peanut butters. The rule applies to all forms of nut butters, including shelf-stable, refrigerated, frozen, and previously frozen products.

The FDA will continue to support industry readiness during this extended period by engaging with stakeholders, participating in cross-sector dialogue, and providing technical assistance, tools, and resources to facilitate compliance. The final rule applies to both domestic and foreign entities producing food for U.S. consumption.

Aubrey Bettencourt Appointed as Chief of the Natural Resource Conservation Service

Aubrey Bettencourt will serve as Chief of the Natural Resource Conservation Service (NRCS). Aubrey is a prominent leader in agriculture, water, and sustainability, most recently serving as the Global Director of Government Relations and External Affairs for Netafim, an Orbia Company. Her previous roles include serving as President and CEO of the Almond Alliance and Deputy Assistant Secretary for the U.S. Department of the Interior in the first Trump Administration. Her work reflects a strong commitment to water policy, agricultural support, and sustainable practices, supported by her family’s farming roots in Kings County, California. Aubrey holds a degree in History from Westmont College.

WTNA Co-sponsored Bill on Composting Passes First Hurdle

Yesterday, SB 279 (McNerney) passed out of Senate Environmental Quality on a 7-0 vote. SB 279 would expand onsite composting for agricultural operations by excluding large-scale biomass events (orchard or vineyard removals) from compost regulations and increase the exemption for agricultural operations to produce and sell compost from 1,000 cubic yards to 5,000 cubic yards. The Western Tree Nut Association (WTNA) is one of the sponsors of this bill.  WTNA President/CEO Roger Isom testified yesterday as one of the lead witnesses stating “Disposal of agricultural biomass has become a huge challenge due to low commodity prices, the implementation of SGMA, demise of the biomass plant industry and the complete elimination of the agricultural burning. The ability to produce and sell compost will help agricultural producers to improve air quality, improve soil health and remain financially viable until the next crop starts to produce.” More than 59 organization support the bill including American Pistachio Growers, Almond Alliance of California, California Fresh Fruit Association, Agricultural Council of California, California Association of Winegrape Growers and the Wine Institute.

Administrator Zeldin Announces EPA Will Revise Waters of the United States Rule

U.S. Environmental Protection Agency (EPA) Administrator Lee Zeldin has announced that EPA will work with the United States Army Corps of Engineers to deliver on President’s Trump’s promise to review the definition of “waters of the United States.”  The agencies will move quickly to ensure that a revised definition follows the law, reduces red-tape, cuts overall permitting costs, and lowers the cost of doing business in communities across the country while protecting the nation’s navigable waters from pollution. Given the U.S. Supreme Court’s watershed decision in Sackett v. Environmental Protection Agency, it is time for EPA to finally address this issue once and for all in a way that provides American farmers, landowners, businesses, and states with clear and simplified direction.  “We want clean water for all Americans supported by clear and consistent rules for all states, farmers, and small businesses,” said EPA Administrator Zeldin. “The previous Administration’s definition of ‘waters of the United States’ placed unfair burdens on the American people and drove up the cost of doing business. Our goal is to protect America’s water resources consistent with the law of the land while empowering American farmers, landowners, entrepreneurs, and families to help Power the Great American Comeback.” 

The definition of “waters of the United States” guides Clean Water Act implementation, including whether farmers, landowners and businesses must secure costly permits before they can pursue a project.  It is critical that Americans know which waters are subject to federal jurisdiction under the Clean Water Act to grow our economy and lower costs for American families while protecting human health and the environment.   EPA will start its review by expeditiously obtaining input from stakeholders who were sidelined during the previous administration. The agency will seek targeted information on the key challenges that Americans are facing. The agency will also undertake a rulemaking process to revise the 2023 definition of “waters of the United States” with a focus on clarity, simplicity and improvements that will stand the test of time. While this rulemaking process proceeds, the agency will provide guidance to those states implementing the pre-2015 definition of “waters of the United States” to ensure consistency with the law of the land.  EPA’s review will be guided by the Supreme Court’s decision in Sackett v. Environmental Protection Agency, which stated that the Clean Water Act’s use of “waters” encompasses only those relatively permanent, standing or continuously flowing bodies of water forming streams, oceans, rivers and lakes. The Sackett decision also clarified that wetlands would only be covered when having a continuous surface connection to waterbodies that are “waters of the United States” in their own right.