Food & Beverage

The food and beverage industry is a significant global sector and comprises the production processing, distribution, and sale of food and beverage products and related items. Navigating complex regulations by multiple government agencies, including U.S. Customs and Border Protection (CBP), the Food and Drug Administration (FDA), the U.S. Department of Agriculture, and the Bureau of Alcohol, Tobacco, Firearms, and Explosives, and compliance mandates related to forced labor are essential to ensure consumer safety, fair trade practices, and ethical sourcing.  

Importers must monitor and facilitate the flow of goods across borders while enforcing trade laws and standards set by CBP. Adhering to stringent customs requirements including accurate documentation, correct tariff classification, and compliance with labeling standards is required for compliance. Under the Trade Facilitation and Trade Enforcement Act of 2015, CBP is empowered to detain goods suspected of being made with forced or child labor. Businesses are required to conduct due diligence on their supply chain and all partners. CBP can issue Withhold Release Orders (WROs) on imports if credible evidence suggests that forced labor was involved in their production. Additionally, the Uyghur Forced Labor Prevention Act, enacted in 2021, further impacts the importation of certain goods presumed to be grown or produced through forced labor, including food and agricultural products.

The FDA enforces the Food Safety Modernization Act (FSMA) which focuses on preventing food safety issues, requires domestic and foreign manufacturers to adopt rigorous safety protocols, including Hazard Analysis and Critical Control Points (HACCP) plans and food defense strategies. The FDA also oversees areas such as labeling requirements, facility registration, inspections, and enforcement.

Operating within the U.S. food and beverage industry requires a proactive approach to compliance and balancing regulatory obligations with operational efficiency.

Representative Experience

  • Advising the maker of coffee beverages on CBP regulations related to classification and valuation.
  • Representing the manufacturer of convenient store products before the Department of Justice in a case related to alleged undervaluation of imports of Chinese-origin goods.
  • Classifying imported goods to determine application of additional tariffs for a grill company.

INSIGHTS

USMCA – Acronym for U.S.-Mexico Corn Argument?

By: Camille Edwards, Associate
Date: 06/17/2023

From tariffs on dairy and solar products to rules of origin for automobiles, the three parties to the United States-Mexico-Canada Agreement (“USMCA”) have disagreed on a variety of issues since the agreement came into force in 2020. This time, the subject of the dispute is corn, or more specifically, the measures taken by Mexico to ban the import of certain genetically engineered (“GE”) corn and other GE products.  

 

USITC and Argentina … Sour Grapes?

By: Donna Wedgeworth, Senior Trade Advisor
Date: 04/25/2023

On March 20, 2023, the U.S. Commerce Department announced that an agreement had been reached in the antidumping and countervailing duty (AD/CVD) investigation on imports of white grape juice concentrate (WGJC) from Argentina,

Where Does Your Food Come From? FDA Proposes Changes Affecting Traceability Records for Certain Foods

By: Donna Wedgeworth, Trade Advisor
Date: 10/02/2020

On September 21st, the U. S. Food and Drug Administration (FDA) announced a proposed rule change to the Food Safety Modernization Act (FSMA).

Food Safety: Remote Inspections under COVID-19 and Other Key Provisions in the Foreign Supplier Verification Program

By: Olga Torres, Managing Member & Derrick Kyle, Associate & Donna Wedgeworth, Trade Advisor
Date: 07/17/2020

The COVID-19 pandemic has affected nearly all aspects of everyday life, but sometimes it is easy to forget that the U.S. Government must also adjust its operations to be able to meet regulatory requirements during the pandemic. 

Tariffs on Wine, Whisky, and Cheese Provide Extra Fright This Halloween

By: Torres Law
Date: 10/30/2019

Halloween parties are an annual tradition for many Americans. But this year Halloween may be a little spookier than usual as some popular party items could become more expensive.