The U.S. Department of Agriculture (USDA) has issued a proposed rule that would create a voluntary labeling program for ‘biobased” products under section 9002 of the Farm Security and Rural Investment Act of 2002, as amended by the Food, Conservation and Energy Act of 2008. According to USDA, “Biobased products are products that are composed wholly or significantly of biological ingredients – renewable plant, animal, marine or forestry materials.” Looking to encourage the increased use of these products in all market sectors, USDA has already identified 15,000 commercially available biobased products across approximately 200 categories, from cleaning products to construction materials. Manufacturers seeking a BioPreferred label must ensure that their items meet or exceed USDA-established minimum biobased content requirements. USDA is accepting comments on the proposed rule until September 29, 2009. See the Federal Register and USDA Press Release, July 31, 2009; Meatingplace.com, August 3, 2009.

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For decades, manufacturers, distributors and retailers at every link in the food chain have come to Shook, Hardy & Bacon to partner with a legal team that understands the issues they face in today's evolving food production industry. Shook attorneys work with some of the world's largest food, beverage and agribusiness companies to establish preventative measures, conduct internal audits, develop public relations strategies, and advance tort reform initiatives.

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