- FDA and FSIS Provide Labeling Flexibility for Food Service Labels Going to Retail
The Food and Drug Administration (FDA) has released temporary guidance that would allow flexibility regarding nutrition labeling not labeled for retail sale to be sold in supermarkets. The FDA also promised that it will not focus on enforcement of the Nutrition Facts Panel update this year during the COVID-19 crisis to provide food supply companies more flexibility in getting product to market. The move by FDA comes after the Department of Agriculture’s Food Safety and Inspection Service (FSIS) decided to exercise enforcement discretion for a temporary period to provide labeling flexibilities for meat and poultry products intended for food service going to retail. FSIS will provide additional information on labeling issues in the future if necessary. CLICK HERE for a comprehensive memo on the FDA’s recent actions and CLICK HERE for a memo on FSIS’s recent actions from NGA’s food law firm, OFW Law. - NGA Sends Letter to Agriculture Secretary Perdue on Surging Commodity Prices
On Sunday, NGA sent Department of Agriculture Secretary Perdue a letter requesting helpas grocers and wholesalers deal with surging commodity prices, especially with eggs. In recent weeks, the price of eggs has more than doubled, leading to frustrated consumers, false allegations of price gouging, and local ordinances preventing retailers from increasing prices on consumers. NGA requested that Secretary Perdue make public statements and provide grocers with official signage to explain price increases to consumers and to better help the industry work with our local and state governmental partners. In addition, the letter requests Perdue use USDA’s investigative tools to monitor and mitigate price spikes in the marketplace for commodities. CLICK HERE for store messaging NGA developed for our members, including pricing. - Safe Harbor Provision of the West Virginia Wage Payment and Collection Act
On March 25, 2020, Governor Jim Justice signed into law an amendment to the West Virginia Wage Payment and Collection Act (“WPCA”) that provides a “safe harbor” to employers, allowing them an opportunity to correct underpayment or nonpayment of wages and fringe benefits due to separated employees prior to the start of lengthy - and costly - litigation. - The Families First Coronavirus Response Act (FFCRA) to go into effect on April 1st
The Department of Labor announced that the First Coronavirus Response Act (FFCRA), also known as “Phase 2” of the stimulus package, will go into effect on April 1st. Furthermore, DOL has published the model notice that employers will be required to post to advise employees of their rights under the FFCRA. Click here to view the poster. - Free New Online Training Courses Related to COVID-19
The NGA Online training center is offering COVID-19 relevant courses free and widely available. To support your safety training needs, click HERE to access these NGA Online Training Center courses. - Gasoline Demand Likely to Drop 50 Percent Due to Coronavirus
IHS Markit believes gasoline demand will drop 50%, even more than during the 2008 recession, due to the coronavirus health pandemic. IHS Markit also believes demand for internal combustion engines (ICE) will decline. Additionally, EVs are expected to take a hit given that oil prices are down, therefore making EVs less competitive. Click here to view the full article from IHS Markit. - Gas stations depend on getting customers inside. Is that a problem right now?
One industry bracing for the coming COVID-19 recession is convenience stores. The country has 150,000 of them, most connected to gas pumps. - EPA Extends RVP Deadline until May 20th
As previously reported, we have joined several states requesting that the May 1 RVP deadline be extended. The extreme demand destruction for gasoline has meant that there is more conventional fuel in the system than can possibly be sold before the current deadline. Attached is information from EPA extending the deadline for three weeks. The release may be found here. - DHS CISA Releases Updated Critical Infrastructure Guidance
Yesterday, the Department of Homeland Security’s (DHS) Cyber and Infrastructure Security Agency (CISA) released updated guidance regarding critical infrastructure. While the information is advisory in nature, NGA and other groups are working to make sure that various states and localities use this guidance when implementing shelter-at-home and other public health declarations. To view the new guidance, please click here. To view and download sample letters for your trucking-delivery employees and for grocery workers in case of a strict shelter-at-home ordinance, please click on the following links: for deliveries, for grocery workers. - Card Networks to Postpone April Interchange Fee Adjustments, Push to Delay Fuel Pump Liability Shift
The global payment card networks – VISA, Mastercard, American Express, Discover – are delaying their planned interchange fee pricing schedules until July. Retail groups and Members of Congress have been calling on the card networks to address the impact that COVID-19 has had on various retail industries due to many states and localities requiring “non-essential” businesses to remain closed. The card networks’ delay may prove helpful as VISA in particular is planning to increase interchange rates on Card-Not-Present (CNP) transactions. Customers choosing card payments instead of cash, and others shifting their purchasing to online and other e-commerce platforms, retailers are bearing the brunt of swipe fees and higher interchange rates already. Retail groups are also asking EMVCo to delay its planned October 2020 liability shift for card-accepting fuel pumps. - PMAA Regulatory Alert: EPA Issues Enforcement Discretion Policy for Routine Compliance Requirements
The U.S. EPA issued general enforcement discretion policy this week designed to address difficulties regulated parties may have maintaining certain routine compliance requirements due to the COVID-19 outbreak. Specifically, the U.S. EPA will not seek civil penalties for the following: Routine Monitoring and Reporting; Integrity Testing; Sampling; Lab analysis, Training and Certification. Click here to view the full report from PMAA Regulatory Counsel Mark Morgan.
