For several years, the U.S. Department of Agriculture (“USDA”) has been working to revise the dietary requirements for the National School Lunch Program (“NSLP”) and other federally funded school meal programs. On February 7, 2023, USDA proposed new regulations meant to harmonize NSLP and other meal programs with the most recent recommendations from the USDA and the Department of Health and Human Services for healthy diets as set forth in the joint publication Dietary Guidelines for Americans 2020-2025. 88 Fed. Reg. 25, 8050-143 (Feb. 7, 2023). The proposed regulations will phase in new requirements over the next several years. USDA will accept comments until April 10, 2023 on the proposed regulations.We summarize below some of the most significant challenges for the food manufacturing community in the new proposals.Added SugarsThe product-based limits would restrict the amount of added sugars for the following products:Grain-based desserts: Grain-based desserts including cereal bars, doughnuts, sweet rolls, toaster pastries, coffee cakes, and fruit turnovers would be limited to no more than 2 ounces of added sugar equivalents per week for school breakfast programs consistent with requirements already in place for school lunch programs;Yogurt: Yogurts would be limited to no more than 12 grams of added sugars per 6 ounces; andFlavored Milk: Flavored milk would be limited to no more than 10 grams of added sugars per 8 fluid ounces for K-5 grade programs and 15 grams of added sugar per 12 fluid ounces for 6-12 grade programs.8

Download PDFThe American Chemistry Council, American Fuel & Petrochemical Manufacturers, U.S. Tire Manufacturers Association, and Vinyl Institute (collectively “ACC”) submitted July 7th comments to the United States Environmental Protection Agency (“EPA”) on the:Proposed New Source Performance Standards for the Synthetic Organic Chemical Manufacturing Industry and National Emission Standards for Hazardous Air Pollutants for the Synthetic Organic Chemical Manufacturing Industry and Group I & II Polymers and Resins Industry (“Proposed Rule”)See 88 Fed. Reg 25,080 (April 25, 2023).EPA has stated that the Proposed Rule resulted from its technological review of the Hazardous Organic National Emission Standard for Hazardous Air Pollutants (“NESHAP”) and Group I & II Polymers and Resins Industry and its eight-year review of the National New Source Performance Standards (“NSPS”) that apply to the Synthetic Organic Chemical Manufacturing Industry.Additional provisions found in the Proposed Rule include:Amendments to the NSPS for Equipment Leaks of Volatile Organic CompoundsStrengthening the Emission Standards for Ethylene Oxide Emissions and Chloroprene EmissionsRemoving Exemptions from Standards for Periods of Startup, Shutdown, and Malfunction and Adding Work Practice Standards for Such Periods Where AppropriateAddition of Provisions for Electronic ReportingInitial points regarding the Proposed Rule raised in the ACC comments include:Represents a significant and precedential effort that will introduce many changes to an already complicated suite of Clean Air Act re

e prudent selection of goods and services and a reduction in extension filings.After consideration of public comments, both written submissions and those from a hearing held on June 5, 2023, the USPTO will publish its proposed fees in the Federal Register with a Notice of Proposed Rulemaking in the first Quarter of 2024, after which a public comment period will follow. Trademark Fee Adjustment, 85 Fed. Reg. 73,197 (Nov. 17, 2020) (to be codified at 37 C.F.R. pts. 2, 7) https://www.govinfo.gov/content/pkg/FR-2020-11-17/pdf/2020-25222.pdf. USPTO, Trademark Fee Proposal Exec. Summary, USPTO, Jun. 2023, at 6, https://view.officeapps.live.com/op/view.aspx?src=https%3A%2F%2Fwww.uspto.gov%2Fsites%2Fdefault%2Ffiles%2Fdocuments%2FTrademark-Fee-Proposal-Executive-Summary-PH2023.pptx&wdOrigin=BROWSELINK.Id. at 27.Id. at 8.Id. at 9–10.Id. at 12.Id. at 13.Id. at 17.Id.Id.Id. at 16.Id. at 23. USPTO at 27. See also, Trademark Pub. Advisory Comm. Public Hearing on the Proposed Trademark Fee Schedule, 88 Fed. Reg. 25,623 (Apr. 27, 2023). https://www.federalregister.gov/documents/2023/04/27/2023-08906/trademark-public-advisory-committee-public-hearing-on-the-proposed-trademark-fee-schedule

the requirements call for subjective analysis rather than objective evaluation against a set of quantifiable criteria, as is usually the case with such regulations. The SSDF also includes numerous ambiguities. For example, the SSDF requires versioning changes in software to have certain impacts in the security assessment, although the term “versioning” does not have a standard definition in the software sector. Next Steps and Risk of NoncomplianceCritically, the attestations on the new form carry risk under the civil False Claims Act for government contractors and subcontractors. Given the fact that many of the attestations require subjective analysis, contractors must take exceptional care in completing the attestation form. Contractors should carefully document their assessment that the software they produce is compliant. In particular, contractors and other interested parties should use this opportunity to share feedback and insights with CISA through the public comment process. 1 88 Fed. Reg. 25,670.

lability of certain products. USTR will then evaluate each exclusion on a case-by-case basis, considering of the overall impact of the exclusions on the goals of the Section 301 investigation of China.Background on the Section 301 TariffsIn August 2017, the Trump Administration initiated a Section 301 investigation into China's unfair policies and practices related to technology transfer, intellectual property, and innovation. In March 2018, USTR issued its Section 301 Report and determined that China's actions related to intellectual property were unreasonable or discriminatory and burdened or restricted U.S. commerce. After unproductive engagement with China, USTR imposed tariffs on China's imports as a response to China's unfair trade practices related to the forced transfer of American technology and intellectual property. On December 31, 2020, all exclusions expired except COVID pandemic-related ones. Interim Extension and Request for Comments on COVID-Related Product Exclusions, 88 Fed. Reg. 25,8027, 25,8028 (Feb. 7, 2023), https://www.govinfo.gov/content/pkg/FR-2023-02-07/pdf/2023-02570.pdf.