All Knowledge & Insights By Date

By Lynn L. Bergeson On February 3, 2020, the U.S. Department of Agriculture (USDA) Agricultural Marketing Service (AMS) published a notice requesting comments and feedback on its draft instructions on testing methods under the National Bioengineered Food Disclosure Standard (Standard). According to the Standard, which became effective in 2019, with a mandatory compliance date of January 1, 2022, foods that do not contain bioengineered (BE) material do not require label disclosure. USDA’s...

By Lynn L. Bergeson On January 27, 2020, the U.S. Department of Agriculture’s (USDA) Agricultural Marketing Service (AMS) announced that it is accepting comments on its proposed revisions to regulations implemented under the Federal Seed Act (FSA). The proposed rule includes revisions to seed labeling, testing, and certification requirements, including new eligibility standards and the recognition of current breeding techniques. Revised FSA regulations would add certain seed species to the...

On December 10, 2019, the U.S. Senate received and read twice the Sustainable Chemistry Research and Development Act of 2019 (Act). Passed by the U.S. House of Representatives one day prior to the Senate’s review, the Act -- H.R. 2051 -- if approved, will establish an interagency working group led by the Office of Science and Technology Policy (OSTP) to coordinate federal programs and activities in support of sustainable chemistry. This is an exciting development and, for sustainable...

By Lynn L. Bergeson and Ligia Duarte Botelho, M.A. On January 16, 2020, the U.S. Department of Agriculture (USDA) announced the issuance of a Request for Information (RFI) to assist with the creation of its new program called Higher Blends Infrastructure Incentive Program (HBIIP). A USDA Rural Development project, HBIIP is designed to expand the availability of domestic ethanol and biodiesel by incentivizing the expansion of sales of renewable fuels. Requesting feedback from all interested...

On January 9, 2020, the U.S. Environmental Protection Agency’s (EPA) Office of Pesticide Programs (OPP) announced the launch of a new website created in coordination with the U.S. Department of Agriculture (USDA) and the Food and Drug Administration (FDA) that provides information about actions the federal government is taking to oversee the development of agricultural biotechnology products.  This “one-stop-shop” website was created under the direction of Executive Order...

By Lynn L. Bergeson On January 9, 2020, also in recognition of National Biotechnology Month, the U.S. Department of Agriculture (USDA), the U.S. Food and Drug Administration (FDA), and the U.S. Environmental Protection Agency (EPA) announced the launch of a unified website for biotechnology regulation. Streamlining information about the three agencies in charge of overseeing agriculture biotechnology products, this website comes, in part, to fulfill President Trump’s Executive Order (EO)...

Click here for a PDF brochure of the memorandum, and click here to listen to the special Forecast 2020 edition of the All Things Chemical podcast. Bergeson & Campbell, P.C. (B&C®) and its consulting affiliate The Acta Group (Acta®) are pleased to offer you our Forecast 2020. In this detailed and comprehensive document, the legal, scientific, and regulatory professionals of B&C and Acta distill key trends in U.S. and global chemical law and policy, and provide our...

By Lynn L. Bergeson and Ligia Duarte Botelho, M.A. The implementation date of the United States (U.S.) National Bioengineered Food Disclosure Standard (NBFDS) is January 1, 2020. Adopted in February 2019 by the U.S. Department of Agriculture’s (USDA) Agricultural Marketing Services (AMS), the NBFDS regulations (7 C.F.R. Part 66) directed USDA to establish a national mandatory standard for disclosing foods that are or may be bioengineered (BE). NBFDS requires food manufacturers, importers,...

On October 31, 2019, as required by the 2018 Farm Bill, the U.S. Department of Agriculture’s (USDA) Agricultural Marketing Service published its interim rule, “Establishment of a Domestic Hemp Production Program” (Interim Rule).  The Interim Rule proposal specifies rules and regulations governing hemp production in the U.S., including: Requirements for state/tribal plans for states pursuing regulatory authority over hemp production; Recordkeeping requirements; Licensing requirements;...

By Lynn L. Bergeson and Ligia Duarte Botelho, M.A. USDA Deputy Under Secretary Donald LaVoy and DOE Under Secretary of Energy Mark W. Menezes announced on October 24, 2019, a Memorandum of Understanding (MOU) signed between the two departments to promote rural energy and the development of technologies to support and advance rural and agricultural communities and domestic manufacturing. Required under Section 6501 of the 2018 Farm Bill, the MOU is meant to improve collaboration and coordination...

By Lynn L. Bergeson On October 30, 2019, the U.S. Department of Energy (DOE) Office of Energy Efficiency and Renewable Energy (EERE) announced open meetings of the Biomass Research and Development (R&D) Technical Advisory Committee. The first meeting is scheduled for November 19, 2019, from 8:00 a.m. to 5:00 p.m. (EST), and the second meeting will take place on November 20, 2019, from 8:00 a.m. to 1:30 p.m. (EST) in Washington, D.C. The purpose of the committee is to advise the Secretaries...

By Lynn L. Bergeson On October 15, 2019, the U.S. Department of Agriculture (USDA) Rural Business-Cooperative Service (RBCS) announced via the Federal Register the solicitation of applications for funds under the Biorefinery, Renewable Chemical, and Biobased Product Manufacturing Assistance Program (the Program). Under the Program, USDA provides guaranteed loans to fund the development, construction, and retrofitting of commercial scale biorefineries using eligible technology. The loans are also...

By Lynn L. Bergeson On October 4, 2019, U.S. Environmental Protection Agency (EPA) Administrator, Andrew Wheeler, and U.S. Department of Agriculture (USDA) Secretary, Sonny Perdue, announced President Trump’s negotiated agreement on the Renewable Fuel Standard (RFS).  Under the agreement, EPA and USDA will undertake the following actions: In a forthcoming supplemental notice building off the recently proposed 2020 Renewable Volume Standards and the Biomass-Based Diesel Volume for...

Redshift, “Bamboo Transcends the Tropics for Carbon-Negative Construction”   New Age, “Trump’s EPA Grants 31 Refinery Waivers from Biofuel Laws, Angering Corn Lobby”   Plastemart.com, “New Bio-Based Thermoplastic Adhesive for the Bonding of Compostable Plastic Coating”   AgWeek, “EPA Official Talks about Future of Biofuels and Carbon Sequestration”   FoodBev Media, “Unilever Debuts Magnum Tubs Created from Recycled...

U.S. Department of Energy, “Algae Technology Educational Consortium Prepares Students for Careers in Algae Cultivation and Technologies” World Economic Forum, “These Are the Top 10 Emerging Technologies of 2019” Somaiya, “Godavari Biorefineries Ltd. Earns USDA Certified Biobased Product Label for Acetic Acid.” Plastics Today, “Sustainable Plastics: How Far and How Fast Can We Go?” Science Daily, “Left out to Dry: A More Efficient Way to...

By Lynn L. Bergeson On July 8, 2019, the National Corn Growers Association (NCGA) announced the winners of the Consider Corn Challenge II, a challenge intended to highlight the range of biobased materials that can be produced with field corn feedstock. The three winners included: ExoPolymer, Inc. for a plan to create a new profile of customizable, polysaccharide-based hydrocolloids that are domestically produced by microbial fermentation using corn sugar as a feedstock. These new hydrocolloids...

The U.S. Department of Agriculture (USDA) published a final rule on July 5, 2019, amending its “Guidelines for Designating Biobased Products for Federal Procurement” to include 30 more product categories for biobased products that may receive procurement preference by federal agencies and their contractors. These 30 product categories contain finished products made, in large part, from intermediate ingredients designated for federal procurement preference. This article explains why...

By Lynn L. Bergeson On June 28, 2019, 13 U.S. Senators signed a letter to President Donald J. Trump expressing concerns about media reports that USDA Secretary Sonny Purdue is attempting to influence EPA decisions on small refinery waivers under RFS. Similar to the letter submitted to Purdue himself by Senator Kennedy, the 13 Senators express opposition to Secretary Purdue’s involvement in the SRE waivers decision-making process. Also referencing the Clean Air Act and its statutory...

By Lynn L. Bergeson On June 27, 2019, U.S. Senator John Kennedy (R-LA) submitted a letter to USDA Secretary Sonny Purdue asking him to stop threatening energy jobs in Louisiana. In his letter to Secretary Purdue, Senator Kennedy outlines concerns related to Small Refinery Exemptions (SRE) issued by EPA under the RFS program. Of particular concern to Senator Kennedy are reports that Secretary Purdue continues to attempt to influence EPA decisions on small refinery waivers, despite clear measures...

By Lynn L. Bergeson On July 5, 2019, the U.S. Department of Agriculture (USDA) Office of Procurement and Property Management published a final rule that will amend the Guidelines for Designating Biobased Products for Federal Procurement (Guidelines) to add 30 sections designating the product categories within which biobased products would be afforded procurement preference by federal agencies and their contractors. These 30 product categories contain finished products that are made, in large...

The U.S. Department of Agriculture’s (USDA) Office of Procurement and Property Management published a final rule on July 5, 2019, that will amend the Guidelines for Designating Biobased Products for Federal Procurement (Guidelines) to add 30 sections designating the product categories within which biobased products would be afforded procurement preference by federal agencies and their contractors. 84 Fed. Reg. 32015. These 30 product categories contain finished products that are...

By Lynn L. Bergeson On June 20, 2019, Reuters reported that President Trump directed members of his Cabinet to review EPA’s expanded use of waivers exempting small refineries from the Renewable Fuel Standard (RFS). This decision came after Trump traveled to the Midwest to promote the Administration’s decision to lift a ban on summer sales of E15 and farmers warned that increases in smaller refinery exemptions functionally negated the expected benefits of E15 sales. RFS has become...

By Lynn L. Bergeson On June 7, 2019, DOE’s Energy Efficiency and Renewable Energy (EERE) Office published in the Federal Register a notice requesting the nomination for candidates to fill vacancies on the Biomass Research and Development (R&D) Technical Advisory Committee. Nominations are being accepted until June 30, 2019, and require the nominee’s name, resume, biography, and any letters of support available. The Committee advises DOE and USDA points of contact with respect to...

By Lynn L. Bergeson The U.S. Department of Agriculture’s (USDA) Animal and Plant Health Inspection Service (APHIS) issued a proposed rule on June 6, 2019, on the movement of certain genetically engineered (GE) organisms.  84 Fed. Reg. 26514.  The proposed rule would revise the regulations regarding the movement, including the importation, interstate movement, and environmental release of certain GE organisms in response to advances in genetic engineering and APHIS’...

The U.S. Department of Agriculture’s (USDA) Animal and Plant Health Inspection Service (APHIS) issued a proposed rule on June 6, 2019, on the movement of certain genetically engineered (GE) organisms. 84 Fed. Reg. 26514. The proposed rule would revise the regulations regarding the movement, including the importation, interstate movement, and environmental release of certain GE organisms in response to advances in genetic engineering and APHIS’ understanding of the plant pest risk...

On May 29, 2019, the California Department of Pesticide Regulation (DPR) released California Notice 2019-05: Changes to California Notice 2018-06: California-like Conditions for Terrestrial Field Dissipation Studies (Notice 2019-05), which updates the guidance in California Notice 2018-06: California-like Conditions for Terrestrial Field Dissipation Studies (Notice 2018-06).   Notice 2018-06, issued in January of 2018, provided to applicants for California registration...

By Lynn L. Bergeson On May 8, 2019, the U.S. Department of Agriculture’s (USDA) Animal and Plant Health Inspection Service’s (APHIS) Biotechnology Regulatory Services (BRS) announced the pilot launch of its new online permitting system: APHIS eFile. Launching on July 23, 2019, APHIS will be inviting, at the end of May, those who have been issued a BRS permit or notification in the past two years to apply for the pilot program. The plan is for BRS to transition fully to APHIS eFile in...

By Lynn L. Bergeson On April 29, 2019, the National Chicken Council submitted a letter to EPA’s Office of Transportation and Air Quality outlining the potentially negative impact of the changes to the biofuels policy on the poultry industry. In his letter to EPA, Mike Brown, President of the National Chicken Council, reported concern with EPA’s proposal on year-round ethanol-15 (E15) use under the Renewable Fuels Standard (RFS) Program. The National Chicken Council believes that EPA...

Boston Herald, “Massachusetts Researchers Find Way to Produce Biofuels ‘Greener’” Treehugger, “From Old Duvets to Corn Stalks, a Look at Bio-based Insulations” Virtual Strategy Magazine, “DuPont Nutrition & Biosciences Launches Biobased Enzymes for…” ScienceDaily, “Green Plastic Production Made Easy” Purdue University, “Free Networking Conference for Biotechnology, Pharmaceutical, Medical Research Fields Planned at...

By Lynn L. Bergeson On April 12, 2019, the U.S. Department of Agriculture’s (USDA) Animal and Plant Health Inspection Service (APHIS) announced the reopening of the public review and comment period for the draft Environmental Impact Statement (dEIS) and the preliminary Pest Risk Assessment (PRA). These two documents have been prepared in response to a permit application from a company requesting the environmental release of genetically engineered (GE) Citrus tristeza virus (CTV). The...

By Lynn L. Bergeson On April 3, 2019, the U.S. Department of Agriculture’s (USDA) Animal and Plant Health Inspection Service (APHIS) announced a request for comments on two documents related to the potential deregulation of a canola variety genetically engineered (GE) to convert oleic acid to docosahexaenoic acid (DHA) and eicosapentaeonic acid (EPA), as well as for resistance to an imidazolinone herbicide. The documents are a draft Environmental Assessment (dEA) and a draft Plant Pest...

On March 25, 2019, the U.S. Environmental Protection Agency (EPA) finally weighed-in on the murky and often misunderstood topic of label claims for plant regulators and plant biostimulants in posting its Draft Guidance for Plant Regulator Label Claims, Including Plant Biostimulants in Docket # EPA-HQ-OPP-2018-0258.  EPA issued the notice of availability in the Federal Register on March 27, 2019.  84 Fed. Reg. 11538.  EPA states that the draft...

By Lynn L. Bergeson On March 19, 2019, USDA’s Animal and Plant Health Inspection Service (APHIS) Biotechnology Regulatory Services (BRS) announced the delay of the spring release for BRS’ updated permitting system in APHIS eFile.  The release is now expected to occur in mid-summer 2019, with periodic updates provided by APHIS BRS as the anticipated release approaches.  In its announcement, APHIS BRS highlighted its commitment to bringing a permitting system that takes...

By Lynn L. Bergeson On March 18, 2019, the U.S. Department of Energy (DOE) announced an open meeting of the Biomass Research and Development (R&D) Technical Advisory Committee.   84 Fed. Reg. 9769.  The meeting will take place in Arlington, Virginia, on March 27 - 28, 2019, and will include discussions on developing advice and guidance promoting R&D leading to the production of biobased fuels and products.  The tentative agenda includes updates not only on DOE Biomass...

By Lynn L. Bergeson On, March 12, 2019, USDA’s Animal and Plant Health Inspection Service (APHIS) announced the publication of two draft documents related to the potential deregulation of a soybean variety GE for increased yield and resistance to the herbicide glufosinate.  The draft documents are Draft Plant Pest Risk Assessment (PPRA) and Draft Environmental Assessment (dEA) for Petition to Deregulate GE Soybean for Increased Yield and Herbicide Resistance. The PPRA will examine any...

By Lynn L. Bergeson On March 8, 2019, U.S. Food and Drug Administration (FDA) Commissioner Scott Gottlieb, M.D., released a statement on the continued efforts to advance safe biotechnology innovations, and the deactivation of an import alert on genetically engineered (GE) salmon.  In his statement, Dr. Gottlieb emphasized FDA’s mission to evaluate the safety of intentional genomic alterations (IGA) in animals that will ultimately be sold for consumption in the U.S.  According to...

The International Estimated Short-Term Intake IESTI equations are used during the establishment of Codex Maximum Residue Limits. A recent proposal to revise the equations sparked international debate regarding selection of residue inputs and the appropriate level of consumer protection. The 49th Codex Committee on Pesticide Residues meeting recommended benchmarking the IESTI equations against distributions of actual exposures. Using publicly available data and models, this work compares dietary...

Biofuels International, “Coconut Biodiesel Increase Suggested by Lawmaker in Philippines” Chemical Engineering, “BP, Virent and Johnson Matthey Partner on Production of Bio-based Paraxylene” The Express Tribune, “Biotechnology Can Transform Pakistan’s Economy” Energy AgWired, “GROWMARK Offers Pre-blended E15 at More Terminals” Reuters, “U.S. EPA Gets 37 Bids for Small Refinery Waivers through Mid-February” PhysicsWorld,...

Click here for a PDF brochure of the memorandum Bergeson & Campbell, P.C. (B&C®) and its consulting affiliate The Acta Group (Acta®) are pleased to offer you our Forecast 2019. In this richly detailed document, the legal, scientific, and regulatory professionals of B&C and Acta distill key trends in U.S. and global chemical law and provide our best informed judgment as to the shape of key developments we are likely to see in the New Year. Our unique business platform and growing...

By Lynn L. Bergeson On December 21, 2018, the U.S. Department of Agriculture (USDA) Agricultural Marketing Service announced a final rule on the National Bioengineered (BE) Food Disclosure Standard (NBFDS).  The rule, which will be effective on February 19, 2019, and implemented on January 1, 2020, established the new mandatory NBFDS addressing genetically modified (GM) labeling. Food manufacturers, importers, and other entities that label foods for retail will be obligated to disclose...

On December 12, 2018, the House passed the Conference Report for H.R. 2 (the Agriculture Improvement Act of 2018, also known as the Farm Bill) to provide for the reform and continuation of agricultural and other programs of the United States Department of Agriculture (USDA) through fiscal year 2023. The Senate passed the Conference Report on December 11, 2018. Sec. 10101. Specialty crops market news allocation. Sec. 10102. Local agriculture market program. Sec. 10103. Organic...

Chemical & Engineering News, “To Fulfill Biofuels’ Promise, Scientists Boost Plant Oils with Gene Editing” Ethanol Producer Magazine, “New Tax, Oversight Bill Aims to Extend Biofuel Tax Credits” MuscaDaily.com, “Omani Woman Scientist Wins UNESCO Fellowship for Research in Biofuels” The Times of India, “CSIR Working on Developing Biofuels on a Commercial Scale” Biofuels International, “Biodiesel By-product Has Potential as Clean...

By Lynn L. Bergeson On November 19, 2018, the U.S. Department of Agriculture (USDA) announced that the Los Alamos National Laboratory (LANL), in New Mexico, and the Lawrence Livermore National Laboratory (LLNL), in California, received the Excellence in BioPreferred Procurement Awards for Fiscal Year 2018. Both LANL and LLNL are U.S. Department of Energy (DOE) National Laboratories and have been awarded for the testing and adoption of biobased products within their operations. The awards reflect...

By Lynn L. Bergeson In late September 2018, Northwestern University announced a new bioengineering project funded by the U.S. Department of Energy (DOE) and the U.S. Department of Agriculture (USDA) under their joint program called the Biomass Research and Development Initiative (BRDI). Led by Michael Jewett, professor of chemical and biological engineering, the project aims to combine innovative bioengineering and biotechnology to develop biofuels and bioproducts. It is expected that through...

On September 24, 2018, in the U.S. Court of Appeals for the Ninth Circuit (Ninth Circuit), respondents U.S. Environmental Protection Agency (EPA) and Acting EPA Administrator Andrew Wheeler (collectively EPA) petitioned for an en banc and panel rehearing concerning the Ninth Circuit’s August 9, 2018, decision that granted judicial review of EPA’s initial order denying an administrative petition by the Pesticide Action Network North America (PANNA) and the Natural Resources Defense...

By Lynn L. Bergeson On September 14, 2018, the U.S. Department of Agriculture’s (USDA) Office of Procurement and Property Management announced a proposal to amend the Guidelines for Designating Biobased Products for Federal Procurement. Under this amendment, 30 sections will be added to determine categories within which biobased products “would be afforded procurement preference by Federal agencies and their contractors.” These categories include products that are made from...

By Lynn L. Bergeson On August 1, 2018, the Center for Food Safety filed a lawsuit against the U.S. Department of Agriculture (USDA) Agricultural Marketing Service (AMS) for its delay in the establishment of a national mandatory bioengineered (BE) food disclosure standard. In its lawsuit, the plaintiffs allege that AMS’ failure to implement a final rule is “inimical to the democratic process” and damaging to the public and stakeholders. On May 4, 2018, USDA announced a request...

The National Nanotechnology Initiative (NNI) has published The National Nanotechnology Initiative Supplement to the President’s 2019 Budget.  The August 2018 document not only supplements the President’s budget request for fiscal year 2019, but also serves as NNI’s annual report and addresses the requirement for Department of Defense (DOD) reporting on its nanotechnology investments.  President Trump requests nearly $1.4 billion for NNI, “a continued investment in...

By Lynn L. Bergeson On August 3, 2018, the U.S. Department of Agriculture (USDA) Rural Business-Cooperative Service publicized two application cycles for applications for funds available under the Biorefinery, Renewable Chemical, and Biobased Product Manufacturing Assistance Program (BAP). The loans under the aforementioned program are designed to encourage the proliferation of biobased practices that use “technologically new commercial scale processing and manufacturing equipment to...

By Lynn L. Bergeson On August 1, 2018, the U.S. Department of Energy (DOE) announced an open meeting of the Biomass Research and Development Technical Advisory Committee under the Food, Conservation, and Energy Act of 2008.  83 Fed. Reg. 37490.  The Committee will meet on August 22, 2018, from 8:30 a.m. to 5:30 p.m. (EDT) and on August 23, 2018, from 8:00 a.m. to 1:30 p.m. (EDT).  The purpose of these meetings is to promote research and development (R&D) that leads to the...