• On October 1, 2025, the US federal government shut down after lawmakers failed to pass a new appropriations bill.  Federal agencies and departments have certain operational procedures during shutdowns, and some government services will be temporarily suspended, as an estimated 41% of the federal workforce will be put on unpaid leave. 
  • The US Department of Health and Human Services (HHS) recently issued its FY 2026 Contingency Staffing Plan for Operations in the Absence of Enacted Annual Appropriations.  The plan states that it expects more than 32,000 of its nearly 80,000 workers to be furloughed during the shutdown.  As a result, certain aspects of U.S. Food and Drug Administration (FDA) and U.S. Department of Agriculture (USDA) operations will be affected.  The plan indicates that FDA will continue with its core functions to “handle and respond to emergencies” and that “FDA activities related to imminent threats safety of human life” will continue.  These include responding to public health emergencies and foodborne illness outbreaks; review of import entries; conducting for cause and certain surveillance inspections of regulated facilities; and criminal enforcement work.
  • Although FDA will continue to respond to foodborne illness outbreaks, FDA’s Coordinated Outbreak Response and Evaluation (CORE) Response Teams stated that these outbreaks will no longer be reported: “Due to the absence of either a fiscal year 2026 appropriation or a Continuing Resolution, only certain government activities will continue.  While FDA will continue to conduct foodborne outbreak surveillance and response activities, the CORE Investigation Table will not be updated weekly during this time.  FDA will continue to issue public warnings if there is actionable information to protect consumers from foodborne illness.”  FDA did not note whether it will continue to post recall notices.
  • Regulated entities should expect delays in routine inspections and submissions.  This may affect the review timeline for submitted GRAS notices.  Additionally, customs entry review and Foreign Supplier Verification Program (FSVP) checks may experience slow processing, leading to potential shipment delays.  A prolonged shutdown could also have a significant impact on the Supplemental Nutrition Assistance Program (SNAP).  The effect on the Supplemental Nutrition Program for Women, Infants, and Children (WIC) food programs will be dependent on whether states can access other contingency funds. 
  • Keller and Heckman will continue to provide updates regarding the government shutdown and its implications.