Agency Rulemaking Highlights
Food Labeling & Definition of “Healthy”
FDA is proposing to update the definition for the implied nutrient content claim “healthy” to be consistent with current nutrition science and federal dietary guidelines. The proposed rule changes the requirements for when the term “healthy” can be used as an implied claim in the labeling of human food products. Comments due December 28.
Preventing Duplicate Issuance of SNAP Benefits
USDA issued an interim final rule to implement its National Accuracy Clearinghouse data system to prevent issuance of Supplemental Nutrition Assistance Program (SNAP) benefits to an individual by more than one state agency simultaneously. The rule reduces the risks of improper payments as well as improper removal of beneficiaries from the SNAP program. Effective December 2 and comments due December 2.
Framework for the Supervision of Insurance Organizations
The Federal Reserve Board shared final guidance on its new supervisory framework for insurance organizations, designed to reflect the differences between banking and insurance. The framework aims to minimize supervisory duplication, assigns resources based on an insurance organization’s risk profile, and establishes supervisory ratings that reflect requirements and expectations. Effective November 3.
Inclusive Competition Under the Packers and Stockyards Act
USDA proposed revisions to the regulations under the Packers and Stockyards Act of 1921 to prohibit discriminatory practices against market-vulnerable individuals and to identify deceptive contract terms. The proposed rule aims to promote inclusive competition and market integrity in the livestock, meats, and poultry markets. Comments due December 2.
Beneficial Ownership Reporting Requirements
The Treasury Department issued a final rule describing who must file a report, what information must be provided, and when a report is due to the Financial Crimes Enforcement Network. The rule implements Section 6403 of the Corporate Transparency Act and is intended to help combat money laundering, terrorist financing, corruption, tax fraud, and other illicit activity. Effective January 1, 2024.
Medicare Premiums, Deductibles, and
HHS published notices announcing actuarial rates and premium rates for beneficiaries of Medicare Part B and Medicare Part A, and specifying the inpatient hospital deductible and the hospital and extended care services coinsurance amounts for services furnished in calendar year 2023 under Medicare Part A. Effective January 1, 2023.
Ensuring Robust Patent Rights
The United States Patent and Trademark Office requests comments on a proposal for bolstering the robustness and reliability of patents to incentivize and protect new inventions while facilitating the broader dissemination of public knowledge to promote innovation and competition. The request addresses prior art searching, support for claimed subject matter, request for continued examination practice, and restriction practice. Comments due January 3, 2023.
Permits for Taking Eagles and Eagles’ Nests
The U.S. Fish and Wildlife Service proposed revisions to regulations authorizing the issuance of permits for eagle incidental take and eagle nest take. The revisions aim to increase the efficiency and effectiveness of permitting, facilitate and improve compliance, and increase the conservation benefit for eagles. The proposal would also remove the third-party monitoring requirement from eagle incidental take permits, update permit fees, and clarify definitions. Comments due November 29.