March 21, 2018 Preemption Watch Newsletter


Nutrition and Food Policy

Menu Labeling Finally Set to Go Live on May 7, But Congress Might Have Different Plans
Food Safety Magazine, 3/20/2018

Per the nutrition labeling preemption language in the ACA, it seems clear that if a state or city tried to adopt menu labeling requirements that differ from FDA’s, such requirements would be preempted. In order for a federal rule to preempt a state or local one, one would assume that the federal rule has to be in effect, or at least is scheduled to go into effect. But what about a federal rule that is in effect but whose compliance date has been delayed multiple times and whose future is not entirely clear?

Senate Committee to Consider Bill Exempting Factory Farms From Hazardous Waste Reporting
The Center for Biology Diversity, 3/7/2018

The Senate Environment and Public Works Committee will hold a hearing Thursday on a bill introduced by Sen. Debbie Fischer (R-Neb.) that would exempt “concentrated animal-feeding operations,” often called factory farms, from hazardous-waste reporting requirements.

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