UK: Food And Beverage News And Trends August 20, 2019

This regular publication by DLA Piper lawyers focuses on helping clients navigate the ever-changing business, legal and regulatory landscape.

  • FDA announces new steps to ensure compliance with menu disclosure rule.On August 13, the FDA issued a fact sheet that outlines its current steps toward the implementation of its rule requiring restaurants to disclose calorie counts and other nutrition information on their menus. The agency pointed out that Americans consume one-third of their calories away from home. The FDA said that its goal is to achieve compliance by the food industry and that it will try to achieve this goal in a flexible way. Among the steps it plans to take are providing support for industry implementation activities, assessing industry compliance by a number of measures, and working with state and local governments that have imposed similar disclosure requirements. Previously, the FDA had been focusing almost exclusively on efforts to educate industry members concerning the requirements of the rule.
  • FDA issues its first warning letter under foreign supplier verification requirements. The FDA, on July 30, issued the first-ever warning letter to an importer for failure to follow the Foreign Supplier Verification Program (FSVP) food safety rule. The letter was sent to Avi Snati, the owner of Brodt Zenatti Holdings LLC, and was posted for public view on August 13. The company is an importer of tahini that was linked earlier this year to Salmonella contamination. The FSVP requirements under the Food Safety Modernization Act require importers to take significant steps to verify that the food that they bring into the United States has been produced in a manner that meets US food safety standards.
  • Nonprofit groups push forward in lawsuit on school meal nutrition standards. On August 2, the Center for Science in the Public Interest, joined by Healthy School Food Maryland, filed a motion for summary judgment in a case that asserts the Trump Administration unlawfully rolled back nationwide nutrition standards for school meals. "Today's filing asserts that the U.S. Department of Agriculture (USDA) violated the law by weakening school meal nutrition standards that had previously required decreased sodium levels and increased the amount of whole grains to be served in school meals. The new weakened standards put approximately 30 million children, including approximately 22 million low-income children, at greater risk of health issues associated with diets high in sodium and low in whole grains," the nonprofit groups said. The lawsuit is pending in the US District Court for the District of Maryland.
  • Seattle City Council overrides mayor's veto, tells city how to spend soda-tax revenues. On August 13, the Seattle City Council voted 6-3 to override Mayor Jenny Durkan's veto of a bill that would create a dedicated fund to collect the money raised from the city's beverage tax and then allocate it for specific purposes, rather than for general funding of the city budget. Seattle's beverage tax raised a whopping $22 million in 2018, considerably more than expected. Mayor Durkan directed $6.3 million of that into the city's general funds. The new law provides that the soda-tax revenue must be spent only to add and expand healthful-food, education and early-childhood programs - purposes that were specified when the soda tax was passed - separate from whatever baseline money these programs may receive from the city's general fund. Mayor Durkan had vetoed the bill in late July; a mayoral veto is rarely overridden in Seattle.
  • Craft breweries argue in court for more regulation of water. Beer can be up to 90 percent water, and many of the nation's craft breweries are concerned that weakening the protections of the Clean Water Act may have a negative impact on the quality of their products. NBC News reported on August 2 that 60 craft brewers recently filed an amicus curiae brief in a case that challenges the Trump Administration's efforts to deregulate the environmental protections of that law. "The cleanliness and flavor profile of the water is really at the heart of making great beer," said a Maine craft brewer. "We need to protect our water and make sure we have access to clean water to make great beer here in Maine and across the country." The case before the Court, County of Maui v. Hawaii Wildlife Fund, asserts that the Clean Water Act applies to pollution that moves through groundwater before reaching a federally regulated waterway. It is considered one of the Court's most important environmental cases in years.
  • Beverage industry turns to state legislatures to quash local soda taxes. On August 13, Politico magazine reported that the beverage industry, in a new and apparently successful strategy to combat the efforts by many localities to impose taxes on sugary beverages, is lobbying state legislatures with the intention of bringing about a statewide ban on such taxes. Legislatures in Arizona and Michigan have already passed state laws prohibiting local soda taxes under the legal doctrine of preemption as a result of these efforts. In Washington state, the industry backed a voter initiative barring local soda taxes; this measure passed in 2018. Even in the very liberal state of California, the industry successfully lobbied for a statewide ban on new soda taxes until 2030. As a result, the only cities that will be able to maintain such taxes in California are cities like Berkeley, which have already imposed them. "Although the liberal leadership of American cities might be a hard nut for a pro-business lobby to crack, state legislators are often far more friendly to business, and they often have the power to overrule city laws,"; the article concluded.
  • North Carolina moves to change liquor sales laws, but one county dissents. North Carolina appears to be on the way toward ending its Prohibition-era system in which 170 local Alcoholic Beverage Control boards across the state, which operate 433 stores, have a monopoly on the sale of liquor. Private, licensed liquor stores would presumably spring up across the state to sell alcoholic beverages there. But officials in Mecklenburg County, which includes Charlotte, are generally opposed to the change, partly on the grounds that the county will lose tens of millions of dollars of revenue if alcohol sales are privatized. On August 7, the county's Board of Commissioners voted by a 7-2 margin to oppose the privatization efforts – but the vote is only symbolic, as the board does not have the legal power to stand in the way of the efforts at the state level. Many opponents of the change also predict that it will lead to higher liquor prices in North Carolina.
  • Oklahoma judge strikes down new state alcohol law. On August 12, an Oklahoma state judge ruled that the state's new liquor law, which requires all makers of top brands of wine and spirits to sell to all alcohol wholesalers in the state, violates the state's constitution. The ruling means that the previous Oklahoma law, which permits manufacturers to choose which companies can distribute their products, will stand. The judge found that the law unconstitutionally changed the provisions of an amendment passed by voters in 2016. "This is a victory for the voters of Oklahoma, who overwhelmingly approved changes to the state's alcohol distribution laws when they said yes to State Question 792 in 2016," said John Maisch, president of a coalition opposing the new law.
  • Hep A in the news. A July story in the South Florida Sun Sentinel,"Hepatitis A has reached record levels in Florida. Here's what restaurants are doing to keep you safe," reports that many restaurants across the state are strengthening their sanitary measures and urging workers to get vaccinated. "All kinds of food establishments" in Florida, from fast food to upscale, have had a worker test positive for Hep A this year, the newspaper noted, and some restaurants and restaurant chains are paying closer attention to sanitation and urging their workers to be vaccinated. However, it appears that not all restaurants are stepping up. On July 30,in Largo, the Pinellas County Health Department and the Division of Hotels and Restaurants inspected a Red Lobster, where a worker had tested positive for the Hep A virus, finding almost 40 health violations, including failure to properly wash hands – sanitation failures are one way Hep A spreads. On August 1, Florida Surgeon General Dr. Scott Rivkees declared a public health emergency over the state's growing Hep A epidemic. On August 6, the state announced it is offering free Hep A vaccines to Tampa Bay residents, available at Pinellas County Health Department clinics. To date this year, more than 2,000 cases of Hep A have been reported in Florida – already four times the total number of cases in the state for 2018. The Florida outbreak coincides with a long-term nationwide surge in Hep A – more than 22,000 cases and more than 200 deaths related to Hep A have been reported to the CDC this year.At present, the hardest hit US states are Kentucky, Ohio, West Virginia, Florida and Tennessee.Kentucky, this year, has recorded almost 5,000 cases of Hep A. The Florida Department of Health said fewer than 5 percent of the confirmed cases of Hepatitis A are restaurant workers. That would be around 100 restaurant workers.
  • New York state issues warning about a raw milk dairy.The New York State Department of Agriculture and Markets is warning consumers not to drink raw milk from Muddy River Dairy of Otego County because it has tested positive for Listeria. In New York state, sales of unpasteurized dairy are not allowed at the retail level – consumers can only buy raw milk products at the point of production, the dairy farm. Muddy River has one of only 76 raw milk licenses in the state; the Dairy Farmers of America has accredited it as a Gold Standard Dairy, recognizing the upkeep and appearance of the farm property and the care and health of its animals.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

To print this article, all you need is to be registered on

Click to Login as an existing user or Register so you can print this article.

In association with
Related Topics
Related Articles
Up-coming Events Search
Font Size:
Mondaq on Twitter
Mondaq Free Registration
Gain access to Mondaq global archive of over 375,000 articles covering 200 countries with a personalised News Alert and automatic login on this device.
Mondaq News Alert (some suggested topics and region)
Select Topics
Registration (please scroll down to set your data preferences)

Mondaq Ltd requires you to register and provide information that personally identifies you, including your content preferences, for three primary purposes (full details of Mondaq’s use of your personal data can be found in our Privacy and Cookies Notice):

  • To allow you to personalize the Mondaq websites you are visiting to show content ("Content") relevant to your interests.
  • To enable features such as password reminder, news alerts, email a colleague, and linking from Mondaq (and its affiliate sites) to your website.
  • To produce demographic feedback for our content providers ("Contributors") who contribute Content for free for your use.

Mondaq hopes that our registered users will support us in maintaining our free to view business model by consenting to our use of your personal data as described below.

Mondaq has a "free to view" business model. Our services are paid for by Contributors in exchange for Mondaq providing them with access to information about who accesses their content. Once personal data is transferred to our Contributors they become a data controller of this personal data. They use it to measure the response that their articles are receiving, as a form of market research. They may also use it to provide Mondaq users with information about their products and services.

Details of each Contributor to which your personal data will be transferred is clearly stated within the Content that you access. For full details of how this Contributor will use your personal data, you should review the Contributor’s own Privacy Notice.

Please indicate your preference below:

Yes, I am happy to support Mondaq in maintaining its free to view business model by agreeing to allow Mondaq to share my personal data with Contributors whose Content I access
No, I do not want Mondaq to share my personal data with Contributors

Also please let us know whether you are happy to receive communications promoting products and services offered by Mondaq:

Yes, I am happy to received promotional communications from Mondaq
No, please do not send me promotional communications from Mondaq
Terms & Conditions (the Website) is owned and managed by Mondaq Ltd (Mondaq). Mondaq grants you a non-exclusive, revocable licence to access the Website and associated services, such as the Mondaq News Alerts (Services), subject to and in consideration of your compliance with the following terms and conditions of use (Terms). Your use of the Website and/or Services constitutes your agreement to the Terms. Mondaq may terminate your use of the Website and Services if you are in breach of these Terms or if Mondaq decides to terminate the licence granted hereunder for any reason whatsoever.

Use of

To Use you must be: eighteen (18) years old or over; legally capable of entering into binding contracts; and not in any way prohibited by the applicable law to enter into these Terms in the jurisdiction which you are currently located.

You may use the Website as an unregistered user, however, you are required to register as a user if you wish to read the full text of the Content or to receive the Services.

You may not modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, link, display, or in any way exploit any of the Content, in whole or in part, except as expressly permitted in these Terms or with the prior written consent of Mondaq. You may not use electronic or other means to extract details or information from the Content. Nor shall you extract information about users or Contributors in order to offer them any services or products.

In your use of the Website and/or Services you shall: comply with all applicable laws, regulations, directives and legislations which apply to your Use of the Website and/or Services in whatever country you are physically located including without limitation any and all consumer law, export control laws and regulations; provide to us true, correct and accurate information and promptly inform us in the event that any information that you have provided to us changes or becomes inaccurate; notify Mondaq immediately of any circumstances where you have reason to believe that any Intellectual Property Rights or any other rights of any third party may have been infringed; co-operate with reasonable security or other checks or requests for information made by Mondaq from time to time; and at all times be fully liable for the breach of any of these Terms by a third party using your login details to access the Website and/or Services

however, you shall not: do anything likely to impair, interfere with or damage or cause harm or distress to any persons, or the network; do anything that will infringe any Intellectual Property Rights or other rights of Mondaq or any third party; or use the Website, Services and/or Content otherwise than in accordance with these Terms; use any trade marks or service marks of Mondaq or the Contributors, or do anything which may be seen to take unfair advantage of the reputation and goodwill of Mondaq or the Contributors, or the Website, Services and/or Content.

Mondaq reserves the right, in its sole discretion, to take any action that it deems necessary and appropriate in the event it considers that there is a breach or threatened breach of the Terms.

Mondaq’s Rights and Obligations

Unless otherwise expressly set out to the contrary, nothing in these Terms shall serve to transfer from Mondaq to you, any Intellectual Property Rights owned by and/or licensed to Mondaq and all rights, title and interest in and to such Intellectual Property Rights will remain exclusively with Mondaq and/or its licensors.

Mondaq shall use its reasonable endeavours to make the Website and Services available to you at all times, but we cannot guarantee an uninterrupted and fault free service.

Mondaq reserves the right to make changes to the services and/or the Website or part thereof, from time to time, and we may add, remove, modify and/or vary any elements of features and functionalities of the Website or the services.

Mondaq also reserves the right from time to time to monitor your Use of the Website and/or services.


The Content is general information only. It is not intended to constitute legal advice or seek to be the complete and comprehensive statement of the law, nor is it intended to address your specific requirements or provide advice on which reliance should be placed. Mondaq and/or its Contributors and other suppliers make no representations about the suitability of the information contained in the Content for any purpose. All Content provided "as is" without warranty of any kind. Mondaq and/or its Contributors and other suppliers hereby exclude and disclaim all representations, warranties or guarantees with regard to the Content, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title and non-infringement. To the maximum extent permitted by law, Mondaq expressly excludes all representations, warranties, obligations, and liabilities arising out of or in connection with all Content. In no event shall Mondaq and/or its respective suppliers be liable for any special, indirect or consequential damages or any damages whatsoever resulting from loss of use, data or profits, whether in an action of contract, negligence or other tortious action, arising out of or in connection with the use of the Content or performance of Mondaq’s Services.


Mondaq may alter or amend these Terms by amending them on the Website. By continuing to Use the Services and/or the Website after such amendment, you will be deemed to have accepted any amendment to these Terms.

These Terms shall be governed by and construed in accordance with the laws of England and Wales and you irrevocably submit to the exclusive jurisdiction of the courts of England and Wales to settle any dispute which may arise out of or in connection with these Terms. If you live outside the United Kingdom, English law shall apply only to the extent that English law shall not deprive you of any legal protection accorded in accordance with the law of the place where you are habitually resident ("Local Law"). In the event English law deprives you of any legal protection which is accorded to you under Local Law, then these terms shall be governed by Local Law and any dispute or claim arising out of or in connection with these Terms shall be subject to the non-exclusive jurisdiction of the courts where you are habitually resident.

You may print and keep a copy of these Terms, which form the entire agreement between you and Mondaq and supersede any other communications or advertising in respect of the Service and/or the Website.

No delay in exercising or non-exercise by you and/or Mondaq of any of its rights under or in connection with these Terms shall operate as a waiver or release of each of your or Mondaq’s right. Rather, any such waiver or release must be specifically granted in writing signed by the party granting it.

If any part of these Terms is held unenforceable, that part shall be enforced to the maximum extent permissible so as to give effect to the intent of the parties, and the Terms shall continue in full force and effect.

Mondaq shall not incur any liability to you on account of any loss or damage resulting from any delay or failure to perform all or any part of these Terms if such delay or failure is caused, in whole or in part, by events, occurrences, or causes beyond the control of Mondaq. Such events, occurrences or causes will include, without limitation, acts of God, strikes, lockouts, server and network failure, riots, acts of war, earthquakes, fire and explosions.

By clicking Register you state you have read and agree to our Terms and Conditions