COVID-19 Resource Center

Various governments and agencies are providing a seemingly overwhelming amount of information to various communities about COVID-19.

Appropriations of $4 billion for Agriculture Products, Including Seafood. NFI worked in coalition with excellent work of PSPA, APA, MLDA and others to ensure seafood was included in the this appropriation. Importantly, this is NOT about Section 32 purchases, but new opportunities, including:
(1) to purchase food and agricultural commodities;
(2) to purchase and distribute agricultural commodities (including fresh produce, dairy, seafood, eggs, and meat) to individuals in need, including through delivery to nonprofit organizations and through restaurants and other food related entities, as determined by the Secretary, that may receive, store, process, and distribute food items;
(3) to make grants and loans for small or midsized food processors or distributors, seafood processing facilities and processing vessels, farmers markets, producers, or other organizations to respond to COVID–19, including for measures to protect workers against COVID–19; and
(4) to make loans and grants and provide other assistance to maintain and improve food and agricultural supply chain resiliency.

NFI and many NFI leaders participated in AMS listening sessions on 17 and 18 March. NFI statement focused on helping USDA better understand 1) the seafood supply chain differs than the ag chain; 2) how COVID impacted seafood’s chain; 3) why the past support programs were not a perfect fit for seafood, and; 4) what are seafood needs to access a fair portion of the Section 1001 funds.

NFI strongly urges NFI members to comments about the ways in which USDA can support the seafood industry thru public comments, which are due 31 March 2021. We also urge you to contact your Members of Congress and Governors about this need. Please let us know if you need help with these communications, as NFI is coordinating with other seafood groups.

Portions of the WHO Report on COVID Source were released. A member of the World Health Organization investigative team says wildlife farms in southern China are the most likely source of the COVID-19 pandemic. The WHO may yet sponsor research on the possibility of frozen food as transmission vector.

FDA and other federal government agencies are reviewing the report and NFI expects to meet with them to discuss any impact on seafood.

Seafood and Frozen Food Study Developing Emory University and North Carolina State University researchers have provide NFI and other organizations supporting their research a short summary of the preliminary baseline findings of the quantitative microbial risk assessment of COVID-19 transmission in the food production environment. These findings represent a base risk model that will be used next to investigate:

1. the relative risk associated with food packaging-mediated transmission versus other potential transmission pathways
2. role and impact of risk mitigation measures in an improved but imperfect future state of partial immunization of the workforce, new data on supplemental vaccinations, rise of new variants and potential increase in community transmission, etc.

This research is being prepared for publication and the researchers request that it not be shared broadly yet. The researchers plan to provide a webinar for AFFI and NFI members in April soon after additional results are available.

OSHA Heightened Focus on Worker Safety and Enforcement OSHA on 12 March issued three documents of interest to seafood companies and their workers.

First, OSHA issued an Updated Interim Enforcement Response Plan for Coronavirus Disease 2019 (COVID-19) | Occupational Safety and Health Administration (osha.gov). This updated document provides new instructions and guidance OSHA enforcement staff “for handling COVID-19-related complaints, referrals, and severe illness reports.” Of note, the updated plan includes a generic hazard alert letter aimed at a meat processing facility suspected of having insufficient controls in place to limit transmission among workers. This document, which took effect upon issuance, appears to incorporate workplace standards established by the NEP discussed below.

Second, the agency issued a directive establishing a National Emphasis Program – Coronavirus Disease 2019 (COVID-19) (osha.gov). This “NEP” directive identifies primary and secondary industries fit for enhanced scrutiny with respect to workplace virus preventive measures and protection of whistleblowers. Seafood processing, finfish fishing, and shellfish fishing workplaces qualify as secondary industries and are therefore targeted for increased federal and state inspectional attention, at least with respect to “workers who maintain critical business operations or would otherwise help to maintain a healthy work environment, and are likely to be at increased risk of exposure to COVID-19.” Though it appears the NEP only applies in states lacking OSHA state plans, OSHA in the directive encourages states to adopt the NEP into state plans as well.

OSHA launches program to protect high-risk workers from coronavirus, as well as focusing on employers that retaliate against workers with safety concerns. This new national emphasis program (NEP) establishes policies and procedures to ensure that employees in high-hazard industries are protected from the hazard of contracting COVID-19.

Further, OSHA is expected to issue a new Emergency Temporary Standard at any moment, pursuant to an Executive Order issued by the President 21 January. The ETS is expected to cover nearly all workplaces and to impose broadly applicable preventive measures to hundreds of sectors.

Guidance for Fully Vaccinated People CDC has issued guidelines for individuals who have been fully vaccinated for COVID-19. Individuals are considered fully vaccinated 2 weeks after receiving the second dose of the 2-dose vaccines or 2 weeks after a single-dose vaccine. The guidelines outline the limited situations where individuals can gather indoors without wearing a mask and taking other precautions. CDC also explains the scientific rationale for these modified guidelines.

Vaccine Eligibility by States The Acheson Group (TAG) is tracking vaccine eligibility by states to help the food industry gauge with essential workers will be eligible to receive the COVID-19 vaccine.

House Acts to Extend PPP Deadlines. The House voted 17 March to provide an extra two months for the Paycheck Protection Program, giving businesses until May 31 to apply for forgivable loans during the pandemic. The Senate plan to take up the PPP extension the week of 22 March. NFI joined with other associations in urging this action.

American Rescue Plan President Biden today signed the American Rescue Plan, a $1.9 trillion package designed for COVID relief and lots of other programs. A summary of the key provisions demonstrates the wide ranging impact the legislation will have on the US economy. Three items of particular interest to NFI members include:

Appropriations of $4 billion for Agriculture Products, Including Seafood. NFI worked in coalition with excellent work of PSPA, APA, MLDA and others to ensure seafood was included in the legislation:
(1) to purchase food and agricultural commodities;
(2) to purchase and distribute agricultural commodities (including fresh produce, dairy, seafood, eggs, and meat) to individuals in need, including through delivery to nonprofit organizations and through restaurants and other food related entities, as determined by the Secretary, that may receive, store, process, and distribute food items;
(3) to make grants and loans for small or midsized food processors or distributors, seafood processing facilities and processing vessels, farmers markets, producers, or other organizations to respond to COVID–19, including for measures to protect workers against COVID–19; and
(4) to make loans and grant

To Ensure the War Is Not Lost, After the Battle Won: USDA Listening Session USDA Agricultural Marketing Service (AMS) is seeking feedback through public comments and listening sessions regarding the possible development of new purchasing program, loans, and grants to include seafood. It is essential that USDA better understand 1) the seafood supply chain differs than the ag chain; 2) how COVID impacted seafood’s chain; 3) why the past support programs were not a perfect fit for seafood, and; 4) what are seafood needs to access a fair portion of the Section 1001 funds. Registration for the 17 March (Pacific and Alaska) and 19 March (Atlantic and Gulf) sessions (both 2:00 – 5:00 eastern) is required. If you plan to participate in these sessions, we urge you to coordinate messaging with NFI, PSPA, and APA.

More broadly, AMS will hold 2 webinars/listening sessions; the Grants session will be on March 19 from 2-5 ET and the Food Purchase Program will be on March 22 from 2-5 ET. Preregistration is required:

AMS is also accepting public comments on the 2 programs. Comments are due by March 31, 2021.

Funds for Repayment of Debt Owed by Restaurants The Restaurant Revitalization Grants included language NFI sought on covered supplier costs for the PPP program (Section H below). Whether a restaurant gets a second draw PPP or a Restaurant Revitalization Grant (or both), it enables them to use those funds to pay their seafood suppliers:

SEC. 5003. SUPPORT FOR RESTAURANTS.
* * *
(c) RESTAURANT REVITALIZATION GRANTS.—
* * *
(5) USE OF FUNDS.—During the covered period, an eligible entity that receives a grant under this subsection may use the grant funds for the following expenses incurred as a direct result of, or during, the COVID–19 pandemic:
(A) Payroll costs.
(B) Payments of principal or interest on any mortgage obligation (which shall not include any prepayment of principal on a mortgage obligation).
(C) Rent payments, including rent under a lease agreement (which shall not include any prepayment of rent).
(D) Utilities.
(E) Maintenance expenses, including—
(i) construction to accommodate outdoor seating; and
(ii) walls, floors, deck surfaces, furniture, fixtures, and equipment.
(F) Supplies, including protective equipment and cleaning materials.
(G) Food and beverage expenses that are within the scope of the normal business practice of the eligible entity before the covered period.
(H) Covered supplier costs, as defined in section 7A(a) of the Small Business Act (as redesignated, transferred, and amended by section 304(b) of the Economic Aid to Hard-Hit Small Businesses, Nonprofits, and Venues Act (Public Law 116–260)).
(I) Operational expenses.
(J) Paid sick leave.
(K) Any other expenses that the Administrator determines to be essential to maintaining the eligible entity.

Challenges at Ports. NFI is working in coalition with other groups to highlight the problems faced by exporters and importers shipping seafood. This week, 113 House Members. including Minority Leader McCarthy, sent a letter to the Federal Maritime Commission Chairman Khouri urging him to take action to protect the rights of those using ocean carriers.

Congressional Oversight of Outbreaks

House Select Subcommittee on the Coronavirus Crisis Investigation On 1 February, the committee sent letters to the OSHA, Tyson Foods, Smithfield Foods and JBS USA launching an investigation into coronavirus outbreaks at meatpacking plants nationwide.

The Select Subcommittee’s investigation follows reports that nearly 54,000 workers at 569 meatpacking plants in the United States have tested positive for the coronavirus, and at least 270 have died. The Centers for Disease Control and Prevention (CDC) identified meatpacking plants as a source for “rapid transmission” of the coronavirus. More than two-thirds of employees at meatpacking plants are Black or Hispanic, and almost half of employees live in low-income families.

Chairman Clyburn wrote to the companies: “Public reports indicate that meatpacking companies … have refused to take basic precautions to protect their workers, many of whom earn extremely low wages and lack adequate paid leave, and have shown a callous disregard for workers’ health. These actions appear to have resulted in thousands of meatpacking workers getting infected with the virus and hundreds dying. Outbreaks at meatpacking plants have also spread to surrounding communities, killing many more Americans.”

While this investigation deals with meat packing plants, NFI members should be aware that changes in government policies are likely as a result.

Stronger OSHA Guidance Occupational Safety and Health Administration issued stronger worker safety guidance to help employers and workers implement a coronavirus protection program and better identify risks which could lead to exposure and contraction. “Protecting Workers: Guidance on Mitigating and Preventing the Spread of COVID-19 in the Workplace” provides updated guidance and recommendations, and outlines existing safety and health standards. OSHA is providing the recommendations to assist employers in providing a safe and healthful workplace.

While this guidance is not a standard or regulation and it creates no new legal obligations, regulators often treat guidance as “more than a suggestion.”

Food Safety and Technical Documents

Seafood and Seafood Packaging Is Not Source of COVID 19: NFI strongly urges you to contact us if your customers ask questions about seafood or seafood packaging and COVID. We seek to support your response with answers grounded in science.

As a results of an 8 February NFI and American Frozen Food Institute-led letter to USDA, FDA, and the US Trade Representative, Acting USDA Secretary Kevin Shea and Acting FDA Commissioner Janet Woodcock, M.D. published a statement 18 February emphasizing

“….. underscore that there is no credible evidence of food or food packaging associated with or as a likely source of viral transmission … of the virus causing COVID-19.”

Multiple news outlets reported on the US government statement resulting from NFI’s letter:

? CNN: Food and food packaging highly unlikely to spread Covid-19, experts say
? Web MD: FDA: COVID-19 Not Transmitted by Food or Packaging
? UPI: FDA: No evidence COVID-19 spreads through food, food packaging
? Self: Can COVID-19 Spread Through Food Packaging? Here’s What the FDA Says.
? Live Science: Still no evidence of COVID-19 transmission from food, FDA says

Former FDA Commissioner Scott Gottlieb wrote an opinion in the Wall Street Journal, emphasizing:

“Chinese policy makers have been floating an implausible theory: The novel coronavirus didn’t originate in China but was imported from Europe.”
and
“The most common culprit cited by Chinese officials is frozen salmon, though officials have also suggested the virus may have hitched a ride on frozen cod, pig heads or other products.”
and he concludes:
“The International Commission on Microbiological Specifications for Foods has stated: “Despite the billions of meals and food packages handled since the beginning of the COVID-19 pandemic, to date there has not been any evidence that food, food packaging or food handling is a source or important transmission route.” More than 100 million cases of Covid have been diagnosed world-wide and, outside China, not a single case has been traced to food or food packaging.”

China Testing of Seafood Packages for COVID and USTR Nominee Tai As part of its ongoing advocacy, NFI urged Senators to ask USTR nominee Katherine Tai a question during her confirmation hearing about China’s approach to testing imported seafood and food packages for COVID.

Seafood Not Source of COVID 19: Multiple news outlets wrote that the World Health Organization report on the source of COVID-19 point away from a laboratory and toward a likely bat-animal nexus.
In response to these stories but also in response to continued misinformation about food and seafood being a transmission vector, the former FDA Commissioner and the current head of food policy at FDA tweeted about food safety.

NFI Urges Biden Administration to Be Direct with WHO about Seafood Risks NFI led, with the American Frozen Food Institute, a letter to USDA, FDA, and the US Trade Representative urging them to ensure the WHO does not modify its statements that food is not a risk for COVID transmission.

Reports suggest that China is encouraging a review of that advice. Acting FDA Commissioner Woodcock has asked for a meeting on these concerns.

NFI Member Participation ion Risk Modeling: Food Packaging Study To provide retailers, foodservice companies, and restaurant groups even more comfort about the safety of seafood, NFI is sponsoring research on COVD transmission by packaging contact and survey requests have been sent out to select NFI processors and distributors to collect the data necessary for the risk modeling. NFI is partnering with the AFFI to collect information for the Emory University and North Carolina State University study. The project aims to scientifically assess the relative risk of SARS-CoV-2 transmission associated with contaminated surfaces vs other modes (person to person), evaluate the persistence of the virus over time and at different storage temperatures and assess the need and value of potential mitigation steps.

If your company was not contacted to participate and you wish to complete the survey, please contact Margaret Malkoski, mmalkoski@nfi.org. Surveys are due by tomorrow, Friday February 12th .

The Wall Street Journal reports on the latest tug-of-war between China promoting the theory that Covid can be transmitted through food packaging, and the U.S., Europe, and other countries around the world fighting the claim and lobbying against extra testing of foreign food products. Seafood is mentioned in the article.

NFI is working with other associations to ensure the incoming Biden Administration urges the WHO to not shift its recommendations re transmission of COVID via frozen food packaging without much stronger science.

NFI is working with American Frozen Food Institute (AFFI) to potentially sponsor research at Emory University and North Carolina State University to:
a. Assess relative risk of SARS-CoV-2 transmission associated with contaminated surfaces (fomites such as food packaging) versus other modes (such as person to person)
b. Assess benefits of potential mitigation steps (such as surface disinfection by spraying down food packaging with chemicals)
c. Evaluate efficacy of individual and combined facility and food worker COVID-19 mitigation steps used in the food industry

News outlets have reported Live coronavirus found on meat, seafood weeks later, researchers say. NFI has responded with an analysis on its site, correcting the misimpression that humans can become ill from seafood or seafood packaging. NFI also updated its Seafood Safety and COVID website to answer questions that buyers might have. The USDA is expected to announce Wednesday a review of peer-reviewed science, to ensure American have accurate information on which to base decisions.

American Frozen Food Institute (AFFI) and North Carolina State University released the results of their scientific literature review to understand the nature of survival and persistence of SARS-CoV-2 in foods, on food contact surfaces and food packaging materials and the findings support there is no scientific evidence the virus can be spread by foodborne routes. AFFI’s press release is available here

The Food Protection and Defense Institute has updated its “COVID-19 Near-Term Issues Spotting in Food Supply Chain” report. While the focus is meat production the section on “Recommendations from authoritative bodies” provides a good library of relevant food production issue links.

FDA updated its “Food Safety and the Coronavirus Disease” webpage of Questions and Answers (Q&A) with the following new Q&A item, “What do U.S. exporters of FDA-regulated food products need to consider related to COVID-19?” In response FDA states:

U.S. exporters of FDA-regulated food products are responsible for following U.S. laws and regulations and following the requirements of the countries to which they export.? Recently, some countries have begun to request commitments to provide information that food is free of the COVID-19 virus and/or has been produced under conditions that prevent contamination by the COVID-19 virus.? At this time, there is no evidence of transmission of the COVID-19 virus, a respiratory virus, through food or food packaging, and the FDA does not anticipate that food products would need to be recalled or be withdrawn from the market because of COVID-19.? FDA food safety requirements are robust and ensure that food produced for both domestic consumption and export is safe.? The FDA is also communicating its understanding of the science related to COVID-19 transmission and food safety to foreign governments.

U.S. food exporters need to carefully consider and distinguish official food safety requirements of the importing countries and those conditions being requested in the context of a business-to-business relationship.? Differentiating this will assist exporters in understanding their business options.? Exporters are welcome to use existing FDA communications posted on its website to assist with their interactions with countries to which they export, if helpful.

NFI sought and are pleased that U.S. Secretary of Agriculture Sonny Perdue and FDA Commissioner Stephen M. Hahn, M.D., issued the following statement regarding food export restrictions pertaining to COVID-19:

“The United States understands the concerns of consumers here domestically and around the world who want to know that producers, processors and regulators are taking every necessary precaution to prioritize food safety especially during these challenging times. However, efforts by some countries to restrict global food exports related to COVID-19 transmission are not consistent with the known science of transmission.”

“There is no evidence that people can contract COVID-19 from food or from food packaging. The U.S. food safety system, overseen by our agencies, is the global leader in ensuring the safety of our food products, including product for export.”

EPA Addresses Supply Chain Issues for Food-Contact Surface Sanitizer Products by issuing a temporary modification to Pesticide Registration Notice 98-10 to include food-contact surface sanitizer products containing the active ingredient isopropyl alcohol.

NFI sought and are pleased that the U.S. government registered its concerns about the Government of China’s requirements re COVID testing through the WTO Sanitary and Phytosanitary Committee. The US states, when referencing the testing demands, that:

Such a request of foreign regulators to restrict food and agricultural exports is not appropriate nor scientifically justified. The FAO/WHO Guidance focuses on keeping these workers safe, and also states clearly that there “is no evidence to date of viruses that cause respiratory illnesses being transmitted via food or food packaging.” (Para 1.9)

In addition, NFI sought and are pleased that U.S. Secretary of Agriculture Sonny Perdue and FDA Commissioner Stephen M. Hahn, M.D., issued the following statement regarding food export restrictions pertaining to COVID-19:

Given the recent outbreak at Lusamerica, NFI has received several calls about seafood safety and COVID. A tool that retailers and others customers have found useful is Seafood Safety and Coronavirus, a website that aggregates information from international, federal, state, and academic public health experts answering commonly asked questions about COVID.

FSIS denied the petition submitted by Physicians Committee for Responsible Medicine which requested that meat and poultry processing establishments test products for the virus that causes COVID-19 and to put warning labels on products stating: “Warning: Workers in U.S. meat and poultry processing facilities have been sickened or killed by the SARS-CoV-2 virus, and this product has not been certified virus-free.” The agency’s response reaffirmed that there is no evidence that COVID-19 is transmitted through foods. In addition the agency stated that warning labels on products would cause the products to be misbranded because such a statement is false and misleading.

Nearly 350 public health organizations have expressed the support of the CDC in a letter to Health and Human Services Secretary Alex Azar and have urged the Secretary to be an advocate for the CDC and public health during the COVID-19 pandemic and to maintain funding for the nation’s public health agency.

CNN Health reports on a study recently published in the Proceedings of the National Academy of Sciences which finds that “silent transmission” of the COVID-19 disease (either from individuals that are presymptomatic or asymptomatic) could account for over half of the COVID-19 cases. This emphasizes the importance of social distancing and the wearing of face coverings when in public.

FDA has alerted the public and health care provides that certain hand sanitizer products are contaminated with methanol. Methanol is toxic when absorbed through the skin and can be life-threatening when ingested. The agency has provided a list of companies whose hand sanitizers have tested positive for containing methanol.

USDA APHIS has extended until September 30, 2020, the allowance for import documents, including the veterinary health certificate, to be uploaded to the Automated Commercial Environment (ACE)-Document Image System (DIS) rather requiring the submission of the original hard copy veterinary health certificate.

If you are experiencing issues regarding your supply chain, delivery of goods, or business continuity, please contact the FEMA National Business Emergency Operations Center at NBEOC@max.gov.

A petition submitted by Physicians Committee for Responsible Medicine requests that among other things, USDA FSIS require meat and poultry processing establishments to test their products for the presence SARS-CoV-2, the virus that causes COVID-19 and to put warning labels on products stating: “Warning: Workers in U.S. meat and poultry processing facilities have been sickened or killed by theSARS-CoV-2 virus, and this product has not been certified virus-free.” The agency’s acknowledgement of the petition states that “[t]he petition does not include scientific studies or other supporting information to demonstrate that COVID-19 can be transmitted by food or food packaging.”

The U.S. Food and Drug Administration is extending its application period for its Voluntary Qualified Importer Program (VQIP) to July 31. The application extension is because of the COVID-19 public health emergency and current travel restrictions and advisories.

To assist seafood processors who may be facing shortages of certain ingredients, FDA has issued a “Temporary Policy Regarding Certain Food Labeling Requirements During the COVID-19 Public Health Emergency: Minor Formulation Changes and Vending Machines.” This guidance will provide processors with some flexibility in making minor substitutions of certain ingredients without having to change the ingredient statement on labels. Specific principles must still be maintained when considering the appropriateness of these substitutions. Considerations of safety (i.e., allergens or sensitivities), prominence of ingredient, characterizing ingredient, impact on label claims, nutritional content and ingredient function all influence this temporary deviation from FDA’s labeling regulations. Provided examples help to explain the guidance.

In the press release announcing the FDA-USDA Memorandum of Understanding (MOU) to help prevent interruptions at FDA-regulated food facilities, FDA stressed to the media and public that, “As we continue to respond to COVID-19, we want to remind consumers that there is no evidence that COVID-19 has been transmitted by food or food packaging.”

USDA and FDA today announced a Memorandum of Understanding (MOU) to help prevent interruptions at FDA-regulated food facilities, similar to the Defense Production Act for meat packing plants. FDA has announced the finalization of an Memorandum of Understanding (MOU) with USDA which establishes a process for USDA to utilize the Defense Production Act (DPA) authority as provided in Executive Order 13917 to prevent COVID-19 related interruptions at FDA-regulated facilities. FDA Commissioner Stephen Hahn explains the basis of the MOU in a Letter to Industry. FDA has provided a specific email address, COVID19.FoodDPA@fda.hhs.gov, to report sustained disruptions in operations at an FDA-regulated food facility or commodity sector that could impact the continuity of the nation’s food supply chain.

CDC’s document, Activities and Initiatives Supporting the COVID-19 Response and the President’s Plan for Opening America Up Again, summarizes the initiatives, activities, and tools that CDC has undertaken in support of the Whole-of-Government response to COVID-19. Of specific interest are the guidelines in Appendix F: Setting Specific Guidance which lists specific practices that employers may find helpful when evaluating re-opening procedures. This guidance supplements the re-opening decision tools previously released, including those for restaurants and bars and for workplaces such as office settings.

DHS will continue to temporarily limit the travel of individuals from Canada and Mexico into the US at land ports of entry along the US-Canada and US-Mexico border. Such travel will be limited to “essential travel.” These restrictions are temporary in nature and shall remain in effect until 22 June. This temporary alteration in land ports of entry operations should not interrupt seafood trade. This notification does not apply to air, freight rail, or sea travel between the US and Canada, but does apply to passenger rail, passenger ferry travel, and pleasure boat travel .

The CDC extended an order that temporarily suspends the introduction of certain non-citizens (based on the Director’s determination), regardless of their country of origin, migrating through Canada and Mexico into the United States.

Version 3.1 of Guidance on the Essential Critical Infrastructure Workforce: Ensuring Community and National Resilience in COVID-19 Response has been released with only minor changes or clarifications added. The Cybersecurity and Infrastructure Security Agency (CISA) of DHS developed this list to ensure the continuity of functions critical to publish health and safety. The seafood industry is part of the Food and Agriculture Essential Critical Infrastructure.

CDC has created an effective short video on how COVID-19 can spread from one infected individual to many when social distancing and other precautions are not practiced. While the video demonstrates community transmission through family gatherings, it is easy to see how the virus can spread in an office or food processing facility.

FDA has posted a new webpage with information on the use of thermal imaging systems as a contact-free means for measuring temperature. Included is information on setting up the location for performing temperature screening by using thermal imaging systems.

On a sobering note, FDA has provided guidance on how to clean and disinfect refrigerated food transport vehicles and food storage units that had been use for the temporary preservation of human remains during the COVID-19 pandemic. The guidance provides information and resources for the safe return to service of these vehicles and storage units.

USDA APHIS has extended until July 18, 2020, the allowance for import documents, including the veterinary health certificate, to be uploaded to the Automated Commercial Environment (ACE)-Document Image System (DIS) rather requiring the submission of the original hard copy veterinary health certificate.

FDA will be working with CDC to develop a process for determining how and where to return to on-site routine facility inspections. As explained by FDA Commissioner Dr. Stephen Hahn, this is expected to be a phased approach that protects the health of FDA staff, state contract inspectors. and industry workforce.

FDA has developed Best Practices for Re-Opening Retail Food Establishments During the COVID-19 Pandemic to assist retail food establishments, such as restaurants, bakeries, bars and carry-outs, prepare to reopen following a shut-down. The materials include a downloadable checklist and infographic.

FEMA’s Coronavirus (COVID-19) Pandemic: Addressing PPE Needs in Non-Healthcare Setting summarizes how non-healthcare settings should consider and manage their personal protective equipment (PPE) needs during the COVID-19 pandemic. If you are not able to purchase needed PPEs from regular suppliers consider submitting a request for assistance to your state emergency management agency.

FDA has authorized a new diagnostic test for COVID-19 that has the option of using home-collected saliva samples rather than samples collected by nasal swabs. This method will provide an easier way to collect samples for testing. It is currently only available by prescription. The approval is specific to a test developed by Rutgers Clinical Genomics Laboratory. FDA notes in the announcement “It is important to note that this is not a general authorization for at-home collection of patient samples using other collection methods, saliva collection devices, or tests, or for tests fully conducted at home.”

The Department of Homeland Security has sponsored a tool that may help commercial seafood truck drivers develop routes after understanding what states and localities have restriction in place.

NFI joined 16 other associations in a letter to Vice President Pence and the COVID Task Force urging priority availability of testing and PPEs for food workers.

The Food and Beverage Industry Alliance, of which NFI is a member, released a COVID Test Method Fact Sheet.

In dismissing a case brought by community organizers and some workers from a Smithfield plant, a federal court in Missouri referenced that USDA and OSHA guidance should be the guiding standard and “will ensure uniform national enforcement.” Rural Community Workers Alliance et al. v. Smithfield Foods Inc. et al

Secretary Perdue sent letters to Governors and related communication to stakeholders regarding implementation of the Executive Order and DPA for meat and poultry plants.

FDA revised its policy to improve antibody testing quality, explained Policy for Coronavirus Disease-2019 Tests and Antibody Test Oversight & Use for COVID-19 and during an FDA call in which NFI participated.

FDA posted updated information regarding “Shopping for Food During the COVID-19 Pandemic – Information for Consumers.” The infographic is now available in English, Spanish, Simplified Chinese, Korean, Tagalog, and Vietnamese. A short, to-the-point video is also included.

The Food and Beverage Issues Alliance (FBIA), of which NFI is an active member, has created a series of technical documents for the food industry to address various concerns related to operations during the COVD-19 pandemic. Two new documents have been posted: Considerations for Identifying Exposed Employees as Related to COVID-19 and Covid-19 Employee Symptoms/Testing Status-Based Decision Tool For Food Facilities.

As businesses prepare to reopen, cleaning and disinfecting may be necessary to ensure continued protection of workers. EPA and CDC have developed two documents which provide guidance. The Cleaning and Disinfecting Decision Tool (PDF) will help business determine when disinfection is needed beyond cleaning. The Guidance for Cleaning and Disinfecting Public Spaces, Workplaces, Businesses, Schools and Homes (PDF), provides more detailed information to help businesses to develop, implement and maintain a cleaning and disinfecting plan.

OSHA released guidance on how it will implement its responsibilities related to the Meat Packing Executive Order.

In response to the multiple outbreaks of COVID-19 associated with meat and poultry processing facilities, the CDC and OSHA have provided a comprehensive interim guidance for Meat and Poultry Processing Workers and Employers. While the document addresses meat and poultry facilities, the guidance is equally as applicable for seafood processors, especially facilities where workers are working in close proximity with each other.

Updated FDA information, Food Safety and the Coronavirus Disease 2019 (COVID-19)

FDA has released two new documents for the food industry: What to Do if You Have COVID-19 Confirmed Positive or Exposed Workers in Your Food Production, Storage, or Distribution Operations Regulated by FDA and Use of Respirators, Facemasks, and Cloth Face Coverings in the Food and Agriculture Sector During Coronavirus Disease (COVID-19) Pandemic. Both documents provide valuable recommendations to aid in keeping food production facilities operational.

The CDC has provided a 15-page recommendation to the South Dakota Health Department outlining a strategy to reduce the transmission of COVID-19 at a Sioux Falls pork plant that closed after becoming a hot-spot for the virus. The report provides a “lessons-learned” for any processing establishment.

The law firm Pillsbury has developed an overview of face mask mandates, including localities requiring employers to provide face masks to employees (up-to-date as of 21 April 2020).

As a reminder, the FDA waiver of certain nutrition labeling requirement for foodservice items sold at retail does NOT waive the requirement for allergen labeling.

EAS Consulting Group translated to Spanish FDA’s graphics. EAS is offering a Spanish language webinar on the subject on April 30, 2020 at 1 pm (eastern). EAS Consulting Group, desarrollo la traducción adjunta infográfica recientemente publicada por la FDA, como un recordatorio de las mejores prácticas a luz de la pandemia COVID-19 y está ofreciendo un seminario web en español sobre el tema en el 3o de abril del 2020 a las 1:00 PM (EST).

The Food and Agriculture Sector Coordinating Council has identified distributors of personal protection equipment (PPE) that have or soon will have significant quantities of PPE available, including non-medical-grade facemasks (including cloth masks). These distributors are prepared to receive requests from entities within the food and agriculture sector that have an immediate need for PPE that cannot be satisfied through their existing distributors. If you are interested in receiving the list, please contact Lisa Weddig at lweddig@nfi.org.

FDA leadership continues to reassure the public that steps are being take to support the food supply chain to meet consumer demand during the COVID-19 pandemic.

FDA has posted a new FAQ on the Food Safety and the Coronavirus Disease 2019 website. In response to the questions, Where should the food industry go for guidance about business operations?, the agency encourages food companies to follow local and state health departments’ procedures for COVID-19. A link to the National Association of County and City Health Officials (NACCHO) is provided for accessing a directory of the nation’s local health officials.

The Food and Beverage Issues Alliance has created a webpage that includes valuable COVID-19 resources for industry.

An action that may help your employees, the Federal Communications Commission has established the Keep Americans Connected pledge. Over 700 internet service providers, wireless telephone carriers, and associated companies have committed to: Not terminate service to any residential or small business customers because of their inability to pay their bills due to the disruptions caused by the coronavirus pandemic; waive any late fees; and open wi-fi hotspots to any American who needs them.

Updated Guidance: The Cybersecurity and Infrastructure Security Agency (CISA) has released Version 3.0 of the Essential Critical Infrastructure Workers list. Version 3.0 (which starts at page 3 of the pdf document) provides clarity around a range of positions needed to support the critical infrastructure functions laid out in the original guidance and Version 2.0.

OSHA Enforcement Guidance for Recording Cases of COVID-19. OSHA has issued guidance re recording occupational cases of COVID, clarifying employers have an obligation to record cases of employees developing COVIDin certain circumstances.

With empty shelves in grocery stores, consumer continue to be concerned that there is a food shortage. FDA has provided updated messages to reassure consumers that the food supply continues to be adequate and safe: Shopping for Food During the COVID-19 Pandemic – Information for Consumers and FDA’s Perspective on Food Safety and Availability During and Beyond COVID-19.

NFI is actively involved with the Seafood HACCP Alliance (SHA) to ensure that training for the Seafood HACCP regulation continues and is effective. With social distancing in place, face-to-face HACCP training courses have been placed on hold. Recognizing the need to continue with training, SHA’s Executive Committee has approved temporary remote delivery options during the COVID-19 pandemic.

CDC’s National Institute for Occupational Safety and Health (NIOSH) has developed an Interim Guidance for Conserving and Extending Filtering Facepiece Respirator Supply in Non-Healthcare Sectors. This document will be helpful for non-healthcare worksites which require the use of NIOSH-approved filtering facepiece respirators (FFRs).

USDA APHIS is allowing import documents, including the veterinary health certificate, to be uploaded to the Automated Commercial Environment (ACE)-Document Image System (DIS) rather requiring the submission of the original hard copy veterinary health certificate.

FDA has released Best Practices for retail, restaurants, and food delivery workforce.

Frank Yiannas, FDA’s Deputy Commissioner for Food Policy and Response, offers assurance about food safety and supply for people and animals during COVID-19 in a short 30 second video, including downloadable versions of the video for sharing.

Food and Drug Administration announced it will begin requesting that importers send records required under the Foreign Supplier Verification Programs (FSVP) rule electronically . At this time FDA intends to use remote inspections only for importers subject to FSVP. Importers who import only seafood products are not subject to FSVP.

FDA has released a guidance document to provide restaurants and other businesses with flexibility regarding nutrition labeling so that they can sell certain packaged food during the COVID-19 pandemic.

As restaurants are temporarily changing business practices due to COVID-19, FDA will not object if restaurants no not meet the menu labeling requirements. The agency has released a guidance document explaining this temporary policy.

FDA has developed a Fact Sheet on how to safely distribute unused human food for animal food use during the COVID-19 pandemic Updated Guidance: An FDA website providing basic information regarding food safety and COVID-19, as updated on 27 March. Importantly, the information has suggestions on how you can help plant workers who must operate near other workers protect themselves.

FDA is providing temporary flexibility regarding nutrition labeling of food labeled for food service being diverted to retail sales.

USDA FSIS is exercising enforcement discretion for a temporary period to provide labeling flexibilities for products intended for food service going to retail

NFI Actions: China, COVID, Salmon and Seafood

Government-to-Government Issues

The US government is coordinating internally across departments and agencies in response to a Government of China request the US inform them of seafood and other food plants that have had employees test positive for COVID. The US is also coordinating a response with other food exporting nations.

The Chinese Government has suspended the ability of a Tysons poultry plant to export to China given that some plant employees tested positive for COVID. This precedent is troubling, as seafood processing plants have had employees test positive for COVID.

The Government of China has reportedly sent letters to all nations exporting food to China seeking a commitment to halt exports from facilities in which a worker tested positive. FDA and USDA have received copies of this letter.

The Chinese Government has pulled the export and cold chain certificate of a German pork processor that reported 600+ cases of COVD at their German facility.

The US Government is coordinating internally (USTR, State, FDA, USDA, Commerce, etc.) and expect to respond to the Government of China, possibly as early as Saturday evening 20 June. Likely points will include: lack of evidence of a connection between food, food packaging, and COVID; lack of evidence that food is a pathway for transmission of COVID; a reminder that China recognized the rigor and effectiveness of the US food safety system, and; China’s attempt to block food imports based on a non-existent connection between COVID and food likely violates commitments each country made in its Phase 1 trade agreement this spring.

The US Government is also coordinating their response with other countries that export seafood to China.

Commercial Issues

The General Administration for Customs, an agency of the Chinese government, continues curiously to work through agents and others seeking commitments from US seafood companies, with wording along the lines of:

COMPANY NAME commits to:
Willing to comply with Chinese laws, regulations and standards and the “COVID-19 and food safety: guidance for food businesses” published by the Food and Agriculture Organization of the United Nations and the World Health Organization to ensure that food imported into China is not contaminated with the COVID-19 virus and to ensure the safety of food imported into China.

NFI recommends, if your company feels the commercial need to answer the demand of agents, that you send a simple statement of facts about your food safety systems, along the lines of:

COMPANY NAME complies with U.S food safety and employee protection laws and rules.
COMPANY NAME has implemented and actively enforces protocols aligned with the guidance document published by the UN FAO and WHO, “COVID-19 and food safety: guidance for food businesses.” COMPANY NAME also conforms to current Chinese food safety laws, regulations, and standards.
Further, COMPANY NAME has protocols in place to prevent, detect, and isolate any spread of COVID-19 in our processing operations, and follow sanitary transport rules to prevent contamination of exports.
(this of course assumes you have these systems in place)

5. Several NFI members have received from agents in China demands to sign commitments (by Friday 19 June, afternoon US time) with wording along the lines of:

Other food companies also report being strongly urged to sign these or similar commitments.

Agents in China report that these commitments are required by the Government of China, specifically the General Administration of Customs (GACC).

NFI recommends NOT SIGNING the commitment as written, because:
a. GACC has not published anything on their website requesting these commitments
b. the language in the commitment has varied over the past 36 hours — in detail, in length, and in level of commitment — suggesting that GACC (or any other agency or group) has not settled on what they are asking
c. the demand for the commitments was transmitted thru WeChat (Chinese social media tool), an odd way for a government agency to communicate a requirement
d. there remains no connection between food, food packaging and COVID and the commitment (coming so close on the heels of the Beijing outbreak and early reports about a connection to seafood) connotes such a connection
e. signing the commitment may create challenges to resolve this issue among various governments with an interest in the issue

NFI RECOMMENDS, if your company feels the commercial need to answer the demand of agents, that you send a simple statement of facts about your food safety systems, along the lines of:

COMPAMY NAME complies with U.S food safety and employee protection laws and rules.
COMPAMY NAME has implemented and actively enforces protocols aligned with the guidance document published by the UN FAO and WHO, “COVID-19 and food safety: guidance for food businesses.” COMPANY NAME also conforms to current Chinese food safety laws, regulations, and standards.
Further, COMPANY NAME has protocols in place to prevent, detect, and isolate any spread of COVID-19 in our processing operations, and follow sanitary transport rules to prevent contamination of exports.
(this of course assumes you have these systems in place)

Other NFI Activity

NFI released a statement to the press in English and Chinese outlining the steps that NFI members take to ensure the safety of employees and food. It also strongly emphasizes that there remains no connection between seafood or food or food packaging and the transmission of COVID – so testing for COVID is not fruitful. We encourage NFI member to share this statement with their Chinese counterparts.

NFI members with a senior official representing FDA on the interagency task force addressing the China export situation. Topics included:

1. Timing of when the US government will formally respond, privately and publicly, on China’s requirements for testing.
Response: “soon very soon, so thank you for your patience.”
2. Timing of US government public affirmation of the safety of US seafood (and other foods)
Response: See USDA and FDA pubic statement about US food safety. The US government emphasizes that: 1) COVID is not transmitted through food or food packaging; 2) US food products have all the tools to ensure safe food and a safe workforce (and China has acknowledged this), and; 3) the US Government has provided addition al guidance since the onset of COVID
3. GACC apparent (yet not officially announced) requirement that seafood exporters that have identified COVID in their plants inform the GACC
Response: While the USG cannot direct any private company ho w to react, informing GACC of COVID cases in plants that export seafood to China could be most effective if accompanied by the statements that there is no connection between seafood or food packaging and COVID.

NFI prepared talking points for retail counter staff and restaurant wait staff. As questions are likely as news continues to swirl about this issue

NFI compiled and distributed to NFI members, customers, and select government officials statements from global health professionals and agencies. The most important statement is:
“There’s no evidence so far showing salmon are the origin or intermediate hosts of the coronavirus,” said Shi Guoqing, an expert with the National Health Commission, in a briefing in Beijing on Tuesday.

NFI challenged media when they make incorrect statements.

Prepared talking points for retail counter staff and restaurant wait staff.

Complied and distributed to NFI members, customers, and select government officials statements from global health professionals and agencies.

Coordinated as NFI and urged the US government to coordinate with other countries that export seafood to China, to urge Chinese officials to clarify the source of COVID outbreak.

Communicated directly with the press the facts of COVID and seafood. NFI was quoted in several trade and mainstream press accounts.

When media got it wrong, like NBC Today Show, NFI challenged them to correct their reporting.

The most important development today has been the Chinese government backing off initial claims that salmon or seafood was the source of the COVID outbreak. “There’s no evidence so far showing salmon are the origin or intermediate hosts of the coronavirus,” said Shi Guoqing, an expert with the National Health Commission, in a briefing in Beijing on Tuesday.

Bloomberg reports the $700 million market for imported salmon in China is at risk after the fish was implicated in a new outbreak of coronavirus cases in Beijing, potentially dealing a blow to major exporters like Denmark, Norway and Australia.

NFI released a media statement to combat misinformation about food, seafood, and food preparation surfaces and the spread of COVID.

NFI provided simple talking points for retailer counter staff and restaurant wait staff, assuring them that public health agencies continue to state there is not a connection between eating food and COVID. NFI also updated its COVID-19 & Seafood website to highlight the fact that COVID-19 is not a foodborne illness and is not transmitted via seafood.

China Daily reports conflicting stories about coronavirus “coming with seafood” while referencing a preprint study by the University College London that found COVID-19 can infect humans and a broad range of mammals, but not fish, birds or reptiles. Also, a study published on the journal Asian Fisheries Science stated that COVID-19 is a betacoronavirus that can only infect mammals, not fish. The study also pointed out that the virus mostly impacts the respiratory system, which most fish do not have. This means the virus is extremely unlikely to infect and multiply in fish.

Finally, NFI began to coordinate globally, starting with the Norwegian Seafood Council, which distributed a statement and coordinating with PSPA.

NFI Tools for Members

More than 120 people from 69 NFI members joined Americold, Port of New York, and the Journal of Commerce to discuss domestic and international logistics. The presentation is also available.
Note: NFI will not host a webinar next week, the week of Memorial Day.

NFI Advocacy for Members

NFI sought an important correction from Bloomberg, for a significant error in their reporting about COVID and Ecuadorian shrimp. Bloomberg corrected the error about where they claim COVID was found. The correction was important as COVID was NOT found inside frozen seafood packaging.

Original Version

China said samples of imported shrimp tested positive for the coronavirus, raising questions again over whether the pathogen can spread through food or frozen products.

The virus tested positive on both the inside and outside of the shrimp packaging, said China’s General Administration of Customs. The samples were from three Ecuadorian plants, and imports from those processors will be halted, it said. A leading Ecuadorian shrimp exporter disputed the findings.

Updated Version

China said a handful of packaging samples of imported shrimp tested positive for the coronavirus, raising questions again over whether the pathogen can spread through food or frozen products.

The virus tested positive on the outside of about five shrimp packages and the inside of one shipping container, said China’s General Administration of Customs. The samples were from three Ecuadorian plants, and imports from those processors will be halted, it said. A leading Ecuadorian shrimp exporter disputed the findings.

NFI, the Beer Wholesalers, and others have urged Congressional leadership to pass legislation providing a tax credit to cover the costs of product that perished during the economic shutdown (there was lot of beer left in those kegs)

NFI, the International Foodservice Distributors Association, and United Fresh Product Association sent a letter to legislative leaders calling for support for eliminating bad debt owed their member companies as part of the reopening of the economy.

Last week, NFI reported that a coalition which it worked through had ensured a change in IRS interpretation of the Employee Retention Tax Credit that will help seafood companies. NFI is also working through a broader coalition to provide tax incentive for businesses to keep employees on the payroll where business operations were fully or partially suspended due to a COVID-19 related closing orders.

NFI joined 6 other groups in an amicus curiae brief to federal appellate court requesting denial of a mandamus request by the AFL-CIO. The Court on Friday provided NFI, other associations and OSHA a victory by denying the union’s request, “In light of the unprecedented nature of the COVID-19 pandemic, as well as the regulatory tools that the OSHA has at its disposal to ensure that employers are maintaining hazard-free work environments, see 29 U.S.C. § 654(a), the OSHA reasonably determined that an ETS is not necessary at this time.”

In response to a small coalition in which NFI is active, IRS counsel responded to a letter, challenging their initial interpretation, advising that there is no reason that essential businesses would not qualify for the Employee Retention Tax Credit. The IRS is expected to revise their FAQ’s in response to our joint inquiries. Additionally, offices that are forced to close while manufacturing facilities remain open will qualify for the tax credit under the partial suspension provision. Lastly, health inspector orders will qualify as governmental decrees.

NFI and other associations wrote to legislative leaders urging support for a bill to provide tax relief for food workers at critical infrastructure facilities. Senator Ernst (Iowa) is expected to introduce the legislation in the coming week. NFI members are urged to ask their Senators to support this concept.

Following the President’s announcement of plans to end fishing restrictions on the Northeast Canyons and Seamounts National Monument off the coast of New England, NFI released a statement lauding efforts to refocus on fisheries regulations developed thru the Fishery management council process that is transparent, participatory and science-based.

Reopening the Economy and Market Reports

SBA Funding The U.S. Small Business Administration has developed a COVID-19 Funding Options Portal which provides a free, curated list of funding sources designed to support small businesses in accessing capital to recover from COVID-19. The opening page captures programs that are available nationally.

Webinar: Flying in the COVID-19 Era The National Academies of Sciences will be holding a free, 2-day webinar to review the science-based COVID-19 risk assessment and mitigation strategies for airlines and airports. Learn how the aviation industries are keeping travelers safe. The webinar is scheduled for February 4-5. Advanced registration is necessary.

On 6 January, SBA released a report required in the most recent COVID relief package re engaging minority-, veteran-, and women-owned financial institutions and businesses in the PPP program: Accessing Capital for Minority Underserved, Veteran and Women-Owned Business Concerns Guidance.

In response to the SBA report about minority-, veteran-, and women-owned businesses engaging in PPP, the SBA limited applications for first time PPP applicants to community banks only on 11 January. Applicants seeking a second PPP loan could use a community bank on 13 January. The SBA has yet to announce when applicants using larger banks for first or second loans will have access to their bank’s portals other than it will be “shortly thereafter” (slide 3)
On 8 January, SBA released its updated application and certification forms:

? First Draw Borrower Application
? First Draw Lender Guaranty Application: Provided so you understand what your lender will need to certify
? Second Draw Borrower Application
? Second Draw Lender Guaranty Application: Provided so you understand what your lender will need to certify

The PPP expanded the types of expenses eligible to be forgiven, to include “supplier costs.” Those costs are defined as: An expenditure made by an entity to a supplier of goods for goods that:
? are essential to the operations of the entity at the time at which the expenditure is made; and
? is made pursuant to a contract, order, or purchase order that is in effect at any time before the origination date of the applicable PPP loan or, with respect to perishable goods, in effect before the origination date of, or at any time during the covered period, with respect to the applicable PPP loan.
If you have existing accounts receivables from restaurants or other customers, we strongly urge you to work with them to ensure they include these payments to you as part of their forgivable PPP loan.

Effective immediately, SBA will no longer deduct EIDL Advances from forgiveness payments remitted to PPP lenders. This change will be applied to SBA forgiveness payments with a status of “Payment Confirmed” dated December 29, 2020 or later.

A number of companies and seafood trade groups urged Congress to add seafood to the Farmers to Families USDA “Food Box” program. Thru this system USDA buys packaged foods from distributors for further distribution to American families. Seafood has to overcome a number of hurdles to gain true access to this program, including: USDA on 6 Jan 2021 closed off applications for Basic Ordering Agreement holders (BOAs), even though all the current BOAs are more focused on meat and poultry and produce and proposals were due this week and awards granted 19 January 2020. It is clear this Administration wanted to get this round of grants out under its authority. NFI will work with other seafood trade groups and the Biden Administration to gain access for seafood to this program, as mandated by Congress.

Congress and the President signed on 27 December legislation to fund the government thru 30 September 2021 and a related COVID relied package. An analysis of the legislation on NFI members identifies many significant gains and some hiccups.
On Friday, 8 January (1200 eastern), John Connelly will review 26 items in the legislation that impact NFI member companies, from ensuring PPP loans can be used to cover outstanding debt from restaurants to tax deductibility of lines covered by PPP to access to the USDA Food Box program to language examining the safety of shrimp imports and the effectiveness of seafood HACCP re imports. Please register for the one hour webinar.

Congress passed on 22 December legislation to fund the government thru 30 September 2021 and a related COVID relied package. President Trump, in what can only be described a s stunning development after his staff had signed off on the agreement, has suggested he may not sign the bill (as an aside, the President highlighted several fisheries issues in his 4minute long video). Regardless, an analysis of the legislation on NFI members identifies many significant gains and some hiccups, and includes such things as:

a. Changes to the Paycheck Protection Program
b. Access for seafood to the USDA Food Box program
c. Additional fisheries funding for the seafood supply chain
d. Tax deductibility issues
e. FDA requirement to analyze shrimp imports
f. NOAA requirement to analyze effectiveness of SIMP

Congressional leader are expected to finalize a COVID relief package in the coming week. As of 16 December it includes:

a. Changes to the Paycheck Protection Program allowing forgivable loan funds to be used for covered business expenses that include accounts receivable debt. NFI has led a small coalition to ensure this relief is available to restaurants and those NFI members that supply them.
b. Modifies Agricultural Assistance the USDA Secretary may provide, to include seafood: “There is appropriated, out of amounts in the Treasury not otherwise appropriated, for the fiscal year ending September 30, 2021, for an additional amount for the ‘‘Office of the Secretary’’ (relating to the Department of Agriculture), $9,900,000,000, to remain available until expended, to prevent, prepare for, and respond to coronavirus by providing direct support to, and purchasing food and agricultural products, including seafood, from, …..” NFI and others have pushed for more equitable treatment of seafood in ag relief.
c. Provides another $575,000,000 for fisheries relief for “necessary expenses to provide timely assistance to Tribal, subsistence, ceremonial, commercial, aquaculture, processor, and charter fishery participants affected by the coronavirus, which may include direct relief payments …” The language also contains language about Great Lakes fisheries. NFI will continue to lobby for more efficient distribution of these funds, so they get in your hands more quickly than the March funds provide NOAA.

The Wall Street Journal reports on tax advantages related to COVID that small businesses might consider

The FBI is warning companies of the food and agriculture sector that COVID-19 is very likely creating opportunities for criminal and national security threats which could disrupt food and agriculture operations. The Liaison Information Report outlines that could help to prevent or mitigate this threat activity.

For a review of the status of other meat proteins, the Food Protection and Defense Institute 21 July 2020 report highlights pork, poultry, and beef markets

For a review of the status of other meat proteins, the Food Protection and Defense Institute 14 July 2020 report highlights pork, poultry, and beef markets.

In another excellent report, Datassentials explains the impact on foodservice Business and Industry Operators of COVID shutdowns and return-to-work schedules. NFI members supporting the self-serve operators may want to pay particular attention.

Anne-Marie Roerink with 210 Analytics examines seafood sales as part of a frozen foods weekly report

A bipartisan group of Senators and Representatives introduced the Real Economic Support That Acknowledges Unique Restaurant Assistance Needed to Survive (RESTAURANTS) Act of 2020. The legislation would establish a $120 billion revitalization fund to help independent restaurants recover from COVID.

At a time when many serious issues seem to be converging at once, Americans are more ready than ever for some mental escape. As restaurants reopen, eating in will be a bright spot for diners, even though they readily admit that it won’t be quite the same with precautions. Learn more in Datassentials Report 26: Resilience

President Trump directed the U.S. Trade Representative to determine whether China is meeting its seafood purchase commitments under Phase 1 trade deal, and if he determines it isn’t, to take “action to impose reciprocal retaliatory tariffs on seafood exports from China,” according to White House memo.

Datassentials has another fascinating report about trends in restaurants and diners re what changes are likely temporary and what COVID changes permanently. A recording of this webinar is also available.

For a review of the status of other meat proteins, the Food Protection and Defense Institute weekly report highlights pork, poultry, and beef markets.

Datassentials has another interesting look at the 5 lessons of COVID.

The Senate HELP Committee drafted a white paper, Preparing for Next Pandemic, that provides thoughts on future planning and considerations of government actions.

For a review of the status of other meat proteins, the Food Protection and Defense Institute 7 July 2020 report highlights pork, poultry, and beef markets

Corrected Link: The Food Protection and Defense Institute has developed a meat (cattle, pork, poultry) supply situation report. NFI will distribute these reports weekly.

The CDC has posted one-page decision tree tools to assist various business sectors in determining necessary steps prior to reopening. Two of the relevant tools are for restaurants and bars and for workplaces such as office settings.

Holland & Knight attorney Gina Fonte presented “Returning to Work: COVID-19 Planning Considerations, OSHA Best Practices and Risk Mitigation for Workplace Safety” on 12 May 2020.

The Food Protection and Defense Institute has developed a meat (cattle, pork, poultry) supply situation report.

USDA recently announced $470 million in Section 32 food purchases for 3Q FY 2020, including seafood ($20 MM of Alaskan pollock, $20 MM for haddock, Atlantic pollock (saithe), and redfish, and $30 MM for catfish.) USDA’s AMS will solicit purchases in June. The first step to being considered for this program is to become an approved AMS vendor.

John Ingrassia of Lineage Logistics notes an upcoming barge service connecting NJ’s Global Terminal NJ to Boston ‘s Conley Terminal. The vessel will have capability to plug up to 100 reefers and the system goes live in May. Interested parties need to contact their rep at the SS Line and the participating lines are: Yang Ming, Hapag-Lloyd, Ocean Network Express (ONE), and Hyundai Merchant Marine (HMM).

Datassential built an interactive tool to provide the most current view of the foodservice industry, both overall and by individual segment. The model is based on new research conducted by Datassential, with results vetted by IFMA’s Operator Councils. Because events are changing rapidly, this is a flexible forecast that we will update as new economic, social, and political developments arise. Datassential will speak on NFI’s 29 April 130 (eastern) webinar.

The Association of Food and Drug Officials (AFDO) has provided guidance for local governments which provides considerations for the gradual re-opening or removal of restrictions for food service and food retail establishments.

Nation’s Restaurant News turns to a food safety and public health expert for best strategies for reopening restaurants in the coronavirus era.

As the world beings talks of reopening, a new Datassential report outlines consumer attitudes. “Consumers will progress through their own comfort phases to move back toward life pre-COVID.” For restaurant operators, “tactics that go beyond sanitation and social distancing will also help rebuild trust and may even speed up the ‘comfort timeline.’”

The Consumer Brands Association (formerly GMA) has released a report on consumer attitudes to brands, in-store shopping, and opportunities and challenges of online shopping. While not seafood specific, it contains some surprising results.

Datassentials, who many of you may recall from the GSMC meeting in Orlando, is developing twice weekly reports on eating trends and ideas for restaurants to make it thru COVID-19. A second report may include helpful tips to help your customers. Another report (8 April) notes that restaurants must frequently remind customers that they are still open and are still offering what people seek.

Webinars

Over 180 NFI members from 78 NFI companies participated in Wednesday’s webinar focused on salmon. Brant Rigby, Tom Sunderland, Egil Sondheim, and Jim Griffin provided an excellent overview of the global salmon supply and market situation. The presentation (with videos) is also available thru a dropbox download.
NFI continued its Wednesday webinar series with a discussion of the COVID impact on other proteins, especially as the virus spreads to areas in which beef, poultry, and pork are processed. The panel discussion and presentation are available for NFI members.
On 8 April , NFI held a webinar to discuss white fish sourcing, logistics and markets (cods, haddock, pollock, pangasius, and tilapia) and how COVID is impacting insurance markets. More than 160 people from 70 NFI member companies joined the discussion (the audio is spotty in a few moments) and presentation.
NFI held a webinar 1 April on COVI-19’s impact on Asian shrimp supply chains and the broader situation with foodservice. More than 145 people from 67 NFI members heard the discussion and viewed the presentation.

Planning for Post COVID World

The CEO of a major seafood distributor recently met with a Governor about reopening restaurants. The meeting notes provide ideas about how one seafood company is planning now for a post COVD restaurant world.

Public affairs firm Mehlman-Castagnetti has a fascinating analysis of the societal and political implications of COVID-19. It is not seafood specific, but discusses trends that NFI leaders may want to consider as they think about a post-COVID world.

Employee and Plant Safety Technical Documents

Employee Vaccinations FDA has created a new web page, COVID-19 Vaccination & the Food and Agriculture Sector, which consolidates in one easy-to-navigate site existing resources from FDA and CDC tools that businesses can use to help workers understand the importance of getting vaccinated. Information includes:

? the safety and effectiveness of COVID-19 vaccines authorized for emergency use by the FDA and fact sheets in more than 25 languages
? a CDC tool kit in different languages with key messages to reach essential workers about COVID-19 vaccination
? information about the availability of vaccines in your community

CDC meets “Deadliest Catch” From Axios: CDC partnered with Discovery Channel for a spot shot in Dutch Harbor, Alaska, using trusted voices to encourage mask use among skeptical men. Why it matters: The PSA features the stars of “Deadliest Catch,” one of cable’s top shows, with a big audience of white, conservative adults. HHS worked with Discovery on developing the spot, which aired on Discovery this week.

Travel Restrictions Between the United States and Canada The Secretary of Homeland Security extended the temporary limit on travel of individuals from Canada into the United States at land ports of entry along the United States-Canada border. Such travel will be limited to “essential travel,” as further defined in this document. The restrictions went into effect 22 February and extend thru 21 March.

Protecting Seafood Processing Workers from COVID-19 The interim guidance – Protecting Seafood Processing Workers from COVID-19 – issued by CDC, OSHA and FDA has been updated to include information on required masks on public transportation conveyances and transportation hubs and encouraging workers to wear masks on shared privately owned transportation. In addition, In a workplace, CDC recommends all employees wear masks in accordance with CDC and OSHA guidance as well as any state or local requirements. This applies if the hazard assessment has determined that they do not require PPE, such as a respirator or medical facemask for protection.

CDC Essential Worker’s COVID – 19 Vaccine Tool Kit CDC continues to update the COVID-19 vaccine tool kit, including the following recommendation on coordination with local health departments: If you are not already working with your local health department, consider reaching out for assistance. The health department’s immunization program can help coordinate vaccination clinics, provide speakers for presentations, and offer other types of expertise.

CDC Tools Available to NFI Members. The CDC encourages employers to be familiar with the following tools and information:
? List of state health departments: Information on plans for COVID-19 vaccination (see also item #2 above).
? COVID data tracker: includes latest case counts as well as data on overall vaccine delivery and administration.
? Essential worker toolkit: Includes information about employees and COVID-19 vaccines to raise awareness about the benefits of vaccination and address common questions and concerns
? Interim Clinical Considerations for Use of mRNA COVID-19 Vaccines | CDC: CDC’s updated guidance was revised to allow for second dose administration up to 6 weeks (42 days) after the first if it is not feasible to adhere to the recommended interval. CDC is not advocating for people to delay getting their second dose, but the data from clinical trials support this range.
? Information on new variants: Contains information about the characteristics of these variants that are rapidly emerging.

National Forum on COVID-19 Vaccine CDC will be hosting a virtual National Forum on COVID-19 Vaccine February 22-24, to facilitate information exchange on strategies to build trust in the COVID-19 vaccines and to increase rates of vaccination. The intended audience are practitioners and others, including the private sector, who can champion vaccine uptake in communities. Registration is open from February 09-16, 2021. Information and registration is available at: https://www.cdc.gov/coronavirus/2019-ncov/vaccines/forum/index.html.

CDC Weekly Partner Updates CDC hosts weekly partner calls to provide updates on various COVID-19 related topics. The recording from Monday, February 8th call, COVID-19 Information for Essential Workplaces, is now posted on the CDC YouTube page. During this call CDC public health officials provided information on CDC guidance and resources for essential workers. Mentioned during the call is the recommendation that employers sub-prioritize based on work duties and employee proximity if the supply of vaccines is limited in a jurisdiction.

NFI has received several questions from members in the last week about vaccines and hesitant or untrusting workers

Workers Hesitant to Be Vaccinated: The CDC website includes information about employees and COVID-19 vaccines to raise awareness about the benefits of vaccination and address common questions and concerns. Advice for employers is also included in the CDC Tool Kit.

? Importance of COVID-19 Vaccination for Essential Workers

? Workplace Vaccination Program (HTML version of the FAQs for employers)

? Essential Workers & Employees: When & How to Get Vaccinated

? Essential Workers Toolkit (including stickers, 508 compliant and branded FAQs, new ‘Additional Information’ FAQs for people worried about vaccination, and page translations)

The National Academies of Sciences recommends “Identifying Trusted Messengers:” – Any employees who previously contracted the virus can advocate, as well as younger people that receive the vaccine can help promote confidence in others to receive it verbally or through social media.

CDC advice and tips to encourage vaccinations:
? Adapt the key messages to the language, tone, and format that will resonate with your organization. You know what works for your employees.
? Use these key messages to customize the template letter and send or email it to your employees to introduce your COVID-19 vaccine educational activities.
? Print copies of the posters and FAQs and use them as handouts.
? Organize a COVID-19 vaccine presentation for your employees and promote it via digital and employee communication channels. If you are able, organize a virtual presentation. If not, organize an in-person presentation following COVID-19 safety precautions. Ask if your local health department can provide a speaker if you do not have a health educator on staff. Distribute copies of the FAQs.
? Hang posters in highly visible places in your offices, buildings, and other employee locations.
? Continue to educate your workforce via articles, blog posts, and social media posts.
? Invite your employees to wear stickers once they have been vaccinated and post vaccination selfies on social media.
Another new CDC resource that is relevant but not specific to workers is the COVID-19 Vaccination Program Interim Operational Guidance for Jurisdictions Playbook:.

Workers That Refuse to be Vaccinated If an employee refuses to be vaccinated, there are legal considerations and HR policies must comply with the Americans with Disabilities Act (ADA), Title VII of the Civil Rights Act of 1964 and other workplace laws, according to the EEOC. The advice encourages vaccination education campaigns and provide incentives such as paid time off to receive the vaccine and recover from any potential side effects.
OSHA also advises not distinguishing between workers who are vaccinated and those who are not: Workers who are vaccinated must continue to follow protective measures, such as wearing a face covering and remaining physically distant, because at this time, there is no evidence that COVID-19 vaccines prevent transmission of the virus from person-to-person. The CDC explains that experts need to understand more about the protection that COVID-19 vaccines provide before deciding to change recommendations on steps everyone should take to slow the spread of the virus that causes COVID-19.

CDC Weekly Partner Updates CDC hosts weekly partner calls to provide updates on various COVID-19 related topics. The next call is Monday, February 8 from 3-4pm ET and will cover “COVID-19 Information for Essential Workplaces”. CDC public health officials will share updates on vaccines and information essential workers should know as well as an overview of guidance and resources on COVID-19 for workers. Pre-registration is necessary to join the call, however the calls are recorded and posted on the CDC website for later access.

Question of the Week FDA has updated Their FAQs with the following question. The answer directs to a CDC website which links to individual state and local health departments responsible for vaccine distribution.

Q: Can the FDA help me get a COVID-19 vaccine?
A: No. The FDA’s authority includes authorizing or approving COVID-19 vaccines for use in the United States, but the FDA is not responsible for vaccine distribution. Go to the CDC website to find your state and local health departments who are responsible for COVID-19 vaccine distribution. All questions and concerns should be sent to your state government or local health department. The U.S. government’s goal is to have enough COVID-19 vaccine doses for all people in the United States who choose to be vaccinated.

Vaccine Communications CDC has designed a COVID-19 Vaccination Communication Toolkit for Essential Workers to help employers build confidence in this important new vaccine. The toolkit will help employers across various industries educate their workforce about COVID-19 vaccines, raise awareness about the benefits of vaccination, and address common questions and concerns. CDC encourages employers to adapt the key messages to the language, tone, and format to the needs of the organization. Company logos can be added to the materials as long as the CDC URL (www.cdc.gov) is retained.

Vaccine Allocations While CDC has provided recommendations on vaccine allocations, it is up to each state or local jurisdiction to implement individual plans for vaccine allocations. Links to each state’s plan and current implementation “phase” can be found on the websites of the National Governors Association and the National Academy for State Health Policy. NFI encourages groups of like seafood companies to communicate with their Governors and state commissioners of public health.

CDC Tightens Testing Requirements for Travel into the US In efforts to help slow the spread of COVID-19, the CDC will soon be requiring that travelers flying to the U.S. get a viral COVID-19 test within 3 days prior to their flight. Negative test results or documentation that the traveler has previously recovered from CODID-19 will be required prior to boarding the flight. Travelers not complying with this new documentation requirement will be denied boarding. In addition, CDC still recommends that travelers get re-tested 3-5 days after arrival in the U.S. and to self-quarantine for 7 days. This new documentation requirement will go into effect January 26, 2021.

FDA Alert on Potential False Negative Test Results The FDA has issued an alert that some of the new genetic variations of the COVID-19 virus may impact the results and lead to false negatives with a few COVID-19 molecular tests.

The CDC has updated Guidance for Cleaning and Disinfecting Public Spaces, Workplaces, Businesses, Schools, and Homes by providing steps that businesses can follow to develop and implement plans for reducing the risk of exposure to the SARS-CoV-2 virus from the environment.

For individual contemplating returning to the office, CDC has provided an updated list considerations for returning to work and steps to do it safely.

Because the vaccine distribution has been uneven and some Governors are adjusting the CDC recommendations, NFI has worked with groups of companies in several states develop letters to Governors urging them to ensure seafood workers are included in the next phase of vaccines, including Governor Baker of Massachusetts and Governor Murphy of New Jersey. NFI urges other state seafood coalitions to similarly communicate with their Governors. NFI also participated in a broad food coalition letter to Governors.

Recent change to law provides that covered employers are permitted (but not mandated) to extend partially paid Families First Coronavirus Relief Act (FFCRA). FFCRA leave and to claim a payroll tax credit for qualifying leave taken through 31 March 2021. The FFCRA amended the Fair Labor Standards Act to mandate that employers with fewer than 500 employees (“covered employers”) provide up to 80 hours of partially paid emergency sick leave to employees unable to work because of their own or a family member’s COVID-19 symptoms, diagnosis, quarantine order, or to care for a child whose school or child care was unavailable due to the pandemic.

CDC’s Advisory Committee on Immunization Practices (ACIP) met Sunday, December 20 to provide recommendations to CDC on the Phase 1b and 1c allocations of the COVID-19 vaccines. The ACIP recommended that the next phase to receive the vaccine should be persons aged persons aged ?75 years and frontline essential workers. Frontline essential workers include fire fighters, police officers, corrections officers, food and agricultural workers, Postal Service workers, manufacturing workers, grocery store workers, public transit workers, those who work in the education sector (teachers, and support staff), as well as daycare workers. Food and agricultural workers include seafood workers as designated by the federal government. The ACIP also recommended that Phase 1c of the vaccine allocation process should include persons aged 65–74 years, persons aged 16–64 years with high-risk medical conditions, and other essential workers. The Phase 1b and 1c recommendations have been formally adopted by the CDC as guidance for federal, state, and local jurisdictions to use for COVID-19 vaccination program planning and implementation.

While CDC has provided recommendations on vaccine allocations, it is up to each state or local jurisdiction to implement individual plans for vaccine allocations. Links to each state’s plan can be found on the websites of the CDC and the National Academy for State Health Policy.

Because some Governors are adjusting the CDC recommendations, NFI has worked with groups of companies in several states develop letters to Governors urging them to ensure seafood workers are included in the next phase of vaccines, including Governor Baker of Massachusetts and Governor Murphy of New Jersey. NFI urges other state seafood coalitions to similarly communicate with their Governors. NFI also participated in a broad food coalition letter to Governors.

The CDC has recently updated recommendations for improving building ventilation as an important tool to mitigated the spread of the SARS-CoV-2 virus. The website is provided as a central point for ventilation information relevant to the pandemic and includes newly developed FAQs on ventilation issues. The FAQs address the spread of the virus through HVAC systems, ventilation filters, dilution ventilation, directional airflow and emerging air cleaning technologies.

CDC’s Advisory Committee on Immunization Practices (ACIP) will meet virtually Saturday and Sunday, 19 and 20 December to provide recommendations to CDC and HHS on the Moderna COVID-19 vaccine as well as the Phase 1b and 1c allocations of the vaccines. The ACIP had previously recommended that the initial supply of the vaccines be allocated to 1) health care personnel and 2) residents of long-term care facilities; these groups are designated Phase 1a. Currently essential workers will be considered in the Phase 1b allocation. Seafood workers have been designated as essential workers by the federal government. The virtual meeting will be webcasted for real-time viewing.

NFI, as part of a broader food coalition, provided comments to the ACIP about the importance of prioritizing seafood workers for vaccines.

Frank Yiannis, Deputy FDA Commissioner for Food, has stated that food and ag businesses are ”one of the rare minority of essential infrastructures that has quantified its establishments/employee in such discrete and quantifiable manner … that it makes it easy to share with State officials for their consideration and planning.” He further emphasized that Governors will ultimately determine prioritization in their states. NFI is encouraging the seafood community in key states to write collectively their Governors emphasizing the need to prioritize those in seafood (from captains and crew to those that process, distribute and sell seafood) to be prioritized for vaccines. NFI can provide an example letter.

The U.S. Equal Employment Opportunity Commission (EEOC) has updated their Q&A to provide information for employers who implement mandatory COVID vaccination policies. Vaccination related questions are in section K. of the website and include questions like:
K.5. If an employer requires vaccinations when they are available, how should it respond to an employee who indicates that he or she is unable to receive a COVID-19 vaccination because of a disability?
K.6. If an employer requires vaccinations when they are available, how should it respond to an employee who indicates that he or she is unable to receive a COVID-19 vaccination because of a sincerely held religious practice or belief?
K.7. What happens if an employer cannot exempt or provide a reasonable accommodation to an employee who cannot comply with a mandatory vaccine policy because of a disability or sincerely held religious practice or belief?

The CDC has updated recommendations for critical infrastructure workers (like most NFI members) who have been exposed to COVID but remain asymptomatic and have not tested positive. These employees may be allowed to continue to work provided that the option to work is used “as a last resort and only in limited circumstances, such as when cessation of operation of a facility may cause serious harm or danger to public health or safety.” In addition, CDC advises that companies implement COVID-19 risk mitigation strategies such as pre-screening and workplace screening, mask wearing, social distancing and disinfecting common areas to minimize the spread of COVID-19.

Join FDA, OSHA and CDC on a COVID-19 Update for Food Operations Stakeholder Webinar Tuesday, September 1, 2020 from 2:30-3:30pm EST. Subject matter experts will highlight key aspects of the FDA/OSHA Employee Health and Food Safety Checklist for Human Food Operations During the COVID-19 Pandemic, discuss the CDC testing strategy and its application, and provide an update on FDA inspections. Space is limited and registration will close on Friday, August 28, 2020 at 5:00 pm (eastern).

FDA and OSHA published a checklist “Employee Health and Food Safety Checklist for Human and Animal Food Operations During the COVID-19 Pandemic” on employee and food safety for all foods.

The Department of Homeland Security (DHS) has updated its Guidance on The Essential Critical Infrastructure Workforce. Version 4.0 continues to identify “workers enabling the sale of human food” as essential workers, including those who work in “processing facilities for livestock, poultry, and seafood.” This new list is designed to better identify jobs that, “may require specialized risk management strategies to ensure that they can work safely.” For guidance on work place safety approaches DHS refers readers to the Occupational Safety and Health Administration.

CDC’s Meat and Poultry Processing Facility Assessment Tool kit has been updated. The Facility Assessment Checklist is not seafood specific but it may be a harbinger of emerging best practices.

CDC has updated the webpage: Case Investigation and Contact Tracing in Non-healthcare Workplaces: Information for Employers which provides information on how employers can assist public health departments with reporting and contact tracing COVID-19 illnesses within the workplace.

The Food and Beverage Issues Alliance has revised the Decision Tool for COVID-19 Case Scenarios (version 3) to include the updated recommendations from the CDC on when self-isolation due to COVID-19 symptoms can be discontinued.

Advice from government agencies on COVID-19 continues to evolve. The CDC has updated recommendations for cleaning and disinfecting buildings and facilities to include information for routine daily cleaning and steps to take when someone at the facility has been sick with COVID.

The U.S. Environmental Protection Agency (EPA) issued a Termination Addendum to its temporary enforcement discretion policy for noncompliance with federal environmental laws and permits during the COVID-19 pandemic (Enforcement Discretion Policy). EPA’s Enforcement Discretion Policy will terminate on Aug. 31, 2020.

For Human Resources managers: The Internal Revenue Service (IRS) has issued guidance to clarify the impact of Section 2203 of the Coronavirus Aid, Relief, and Economic Security Act (the CARES Act) on the rules for required minimum distributions (RMDs) and mid-year reductions or suspensions of contributions to Safe Harbor § 401(k) and § 401(m) plans.

The July 10 issue of CDC’s Morbidity and Mortality Weekly Report (MMWR) reviewed the human impact of COVID-19 on workers at meat and poultry processing facilities. CDC reports that for April-May 2020, there have been 16,233 cases of COVID-19 in 239 meat and poultry processing facilities, with 86 (0.5%) COVID-19 related deaths. A vast majority (87%) of the cases were among racial or ethnic minorities.

OSHA provides answers to FAQs on cloth face coverings, including clarifying the differences between cloth face coverings, surgical masks and respirators (such as filtering face pieces).

CDC’s “Testing Strategy for Coronavirus (COVID-19) in High-Density Critical Infrastructure Workplaces after a COVID-19 Case Is Identified” provides a very comprehensive list of actions to consider when an employee at a critical infrastructure workplace – this includes seafood processing facilities – has contracted COVID-19.

CDC has translated many of the COVID-19 educational materials into 28 different languages. These materials are suitable to use in training on practices to prevent the spread of the virus.

CDC updated their guidance for meat and poultry operations, which will likely form the basis for any seafood-specific guidance.

The COVID-19 pandemic has given rise to many modeling and tracking tools that NFI members may find useful to help with decision making. DHS Science & Technology has developed two calculators that predicts the “decay” of the virus that causes COVID-19. Using inputs of temperature, relative humidity and UV index, one calculator estimates airborne decay and the other estimates surface decay. A team of technologists, epidemiologists, health experts, and public policy leaders has developed COVID Act Now which uses COVID data to evaluate the risk level for the 50 states and 2,100+ counties.

NFI and other associations wrote to President Trump asking that he prioritize food workers for vaccines, once they are developed.

NFI reacted positively to OSHA, CDCD, and FDA guidance for protecting seafood workers during COVID. Following these guidelines can help demonstrate that your company has developed a standard of care appropriate for seafood companies with the knowledge known as of late June 2020.

CDC has updated numerous guidance documents over the past few days including the Use of Cloth Face Coverings to Help Slow the Spread of COVID-19

Government Accountability Office (GAO) has published a new Science and Tech Spotlight report on Herd Immunity For COVID-19. This report explains the concept of “herd immunity” to stop the spread of infectious diseases and the fact that there are still insufficient data on immunity to COVID-19 to understand the herd immunity for this disease.

The Acheson Group developed best practices for migrant farm workers, based on CDC and state recommendations, along with TAG’s COVID-19 Toolkit Considerations for the Agriculture Sector

COVID-19 Among Workers in Meat and Poultry Processing Facilities ? 19 States is a CDC summary of the COVID-19 cases among workers in 115 U.S. meat and poultry processing facilities where COVID-19 has caused over 4,900 CIVID-19 cases and 20 deaths. Improved physical distancing, hand hygiene, cleaning and disinfection, medical leave policies, and providing educational materials in applicable languages were identified as practices that could reducing the spread of COVID-19 in these facilities.

FSIS has issued a notice to FSIS employees on the voluntary use of face coverings. Of note for industry is that if an establishment requires employees to wear face coverings, they must also provide face coverings for FSIS inspection program personnel.

The Partnership for Food Safety Education (the organization that brings us “Fight BAC”) has some very useful consumer-focused COVID-19 materials that can be shared with your employees to keep them and their families safe and healthy at home.

The World Health Organization developed an interim guidance for food businesses to highlight measures that food suppliers can implement to keep workers healthy during the COVID-19 pandemic. A recent WHO webinar provides additional information.

If you are looking for a way to perform employee wellness checks as part of a mitigation strategy for preventing the spread of COVID-19, the consulting group, Active Food Safety, has a free app, which will lead employers though the daily wellness checks of employees. While the target audience for the app is restaurants, the questions and decision tree would also apply to the seafood industry.

CDC has updated the symptoms of COVID-19. If you are doing daily health screenings of employees, make sure that there are questions related to each of the symptoms: fever, cough, shortness of breath or difficulty breathing, chills, repeated shaking with chills, muscle pain, headache, sore throat, new loss of taste or smell. Also on the same webpage is a “self checker” that can be used for health evaluation.

The Acheson Group, led by a former senior FDA official, is reporting that “Preliminary, but compelling data is indicating that hypoxemia (low oxygen levels) is increasingly seen in COVID-19 patients and may be an early indicator of the virus, even when no other symptoms exist.” They are recommending the addition of an oxygen-level test be added to Wellness Screening.

Holland & Knight’s Labor Practice Group has developed five tools to avoid allegations of discrimination when dealing with employees and COVID-19.

The U.S. Equal Employment Opportunity Commission (EEOC) has added the following Q&A to their What You Should Know About COVID-19 and the ADA, the Rehabilitation Act, and Other EEO Laws webpage. It contains important information about ensuring testing is not construed as discriminatory.

In a related action, the EEOC has affirmatively declared that COVID-19 meets the definition of a “direct threat” under the Americans with Disabilities Act (ADA). This guidance is important as seafood companies deal with workers who have had or may have COVID-19. A Holland & Knight bulletin also addresses “reasonable accommodations” re teleworking and workers over 65 years of age.

FEMA released information and guidance about non health care workers and PPEs, focused on when PPEs are required by regulation or not required.

To facilitate reopening off the economy, the Administration has released a Testing Blueprint designed to facilitate state development and implementation of the robust testing plans and rapid response programs.

NFI member facilities which conduct daily health screenings of employees may want to review the screening questionnaire to ensure that it reflects the CDC’s revised COVID-19 symptoms. The revised symptoms are cough, shortness of breath or difficulty breathing; or at least two of the following, fever, chills, repeated shaking with chills, muscle pain, headache, sore throat, new loss of taste or smell.

Employers reopening their offices and facilities for business should keep considerations in mind when dealing with social media issues in the COVID-19 era, especially in dealing with employees who may be complaining about their company.

Maintaining mental and emotional wellbeing is important during the COVID-19 pandemic. The CDC has provided resources to help with coping and managing the stress of the pandemic. is just as important as

Government recommendations are revised as more is learned about COVID. The CDC has modified isolation recommendations for individuals with COVID symptoms. In the Symptom-Based Strategy to Discontinue Isolation for Persons with COVID-19, now recommends that individuals self-isolate for at least 10 days after illness onset and at least 3 days (72 hours) after recovery. This is a change from the previously recommended 7 days.

Question: Do health privacy laws (HIPPA) require that we keep records of the wellness screening (temperatures, etc.) of employees when they enter the plant?
Answer: A Tale of Two Agencies: HHS has a simple graphic of covered entities under HIPPA. Baker McKenzie has also produced a very helpful explanation of federal (HIPPA and ADA) and several states (Illinois, Texas, California) privacy laws. However, in the CDC OSHA guidance for Meat and Poultry Processing Workers, the section on Screening and monitoring workers has the following footnote reference: 1 Employers should evaluate the burdens and benefits of recording workers’ temperatures or asking them to complete written questionnaires. These types of written products become records that must be retained for the duration of the workers’ employment plus 30 years. See OSHA’s Access to Employee Exposure and Medical Records standard (29 CFR 1910.1020).

The Equal Employment Opportunity Commission (EEOC) has removed a new question-and-answer from the What You Should Know About COVID-19 and the ADA, the Rehabilitation Act, and Other EEO Laws website after the original response to a question about the accommodation in the workplace for employees with underlying medical conditions was “misinterpreted in press reports and social media”. The EEOC will revise the response to clearly answer the question. The original response had been interpreted as an employer could prevent an employee with a known underlying medical condition from working.

OHSA’s “Ten Steps All Workplaces Can Take to Reduce Risk of Exposure to Coronavirus” poster is now available in 13 languages. (English, Spanish, Arabic, Brazilian Portuguese, Chinese Simplified, Chinese Traditional, French Creole, Hmong, Korean, Polish, Russian, Tagalog, Vietnamese). These posters highlight 10 prevention measures to implement to protect workers’ safety and health during the COVID-10 pandemic.

Although not COVID-specific, the U.S. Department of Transportation’s Federal Motor Carrier Safety Administration (FMCSA) today published a final rule updating hours of service (HOS) rules to increase safety on America’s roadways by updating existing regulations for commercial motor vehicle (CMV) drivers.

FEMA has designed an “Exercise Starter Kit” for organizations to use to facilitate planning to restart operations during the COVID-19 pandemic. Included is a slide presentation which can be used to guide company planning sessions.

Similar to the guidance that CDC and OSHA released previously for workers and employers in meat and poultry processing, the two agencies have developed guidance for other industries which are part of the critical manufacturing sector. Seafood processing is critical as part of the Food and Agriculture sector. The CDC and OSHA guidance documents are useful tools to review when developing plans to continue operating during the COVID-19 pandemic.

Covington and Burling has developed a state-by-state chart on worker comp and employer liability re COVID issues.

The Senate Judiciary Committee held a hearing 12 May on limiting liability for essential businesses that need to stay open during COVID-19. A full report and summary are available.

DHS released a pre-publication copy of a Temporary Final Rule that would provide additional flexibility for H-2B employers that are part of the food supply chain and H-2B workers who are already in the country. The rule, which becomes effective on May 14 and remains in effect until September 11, 2020, is similar to an April 20 DHS temporary H-2A rule.

New CDC guidance permits workers exposed to COVID-19 to return to work under certain conditions. Under the old guidance, workers were told to stay home for 14 days if they were exposed to someone who had tested positive for coronavirus. The agency now advises employers to permit workers to come back to their jobs following exposure, provided both employer and employee take specific precautions. The guidance specifically applies to “food and agriculture” workers and is discrete from more detailed CDC guidance applicable to health care professionals.

In an effort to address critical infrastructure workforce shortages and to ensure continuity of operations, the CDC has updated advice that companies can follow when workers have potentially been exposed to COVID-19. This new advice will allow asymptomatic employees to continue working provided additional precautions are implemented. CDC defines a potential exposure as a household contact or having close contact within 6 feet of an individual with confirmed or suspected COVID-19. The timeframe for having contact with an individual includes the period of time of 48 hours before the individual became symptomatic.

Unfortunately, emergency situations like the COVID-10 pandemic bring out the cyber criminals. The US DHS Cybersecurity and Infrastructure Security Agency (CISA), along with the UK’s Cyber Security Centre, has published a joint alert to businesses and general public of the threat of ransomware, malware, and other attacks on computer systems. The alert provides a summary of the various attacks seen to date along with guidance on mitigating the risk of these cyber threats.

Proper Use of Masks: For masks to properly function as a barrier to the transmission of the COVID-19 virus, they must be properly used. The Acheson Group (TAG) provides a summary of proper mask use, including procedures for donning, doffing, decontaminating and disposing of masks. This information is based on a CDC podcast (a transcript to the podcast is also available for a quick scan).

Processors and distributors that use or carry personal protective equipment (PPE) are seeing firsthand the impact that COVID-19 has on the supplies of PPEs. The CDC has developed a spreadsheet-based “PPE Burn Rate Calculator” that can be used to help manage inventories of thee scarce equipment types. The calculator has the option to additional PPEs to the already pre-populated medical supplies.

The Cybersecurity and Infrastructure Security Agency (CISA) has prepared a 2-page Risk Management for Novel Coronavirus (COVID-19) document detailing steps to help executives think through physical, supply chain, and cybersecurity issues that may happen as a result of the COVID-19 pandemic.

The recently launched CBP COVID-19 Updates and Announcements site includes Federal Register Notices, Cargo Systems Messaging Service communications, announcements in trade programs and cargo security, and links to partner government agencies’ COVID-19 response websites.

As a new member benefit, NFI has partnered with Squire LLC to provide a personal financial wellness tool (access code RECOVERY) The Squire platform covers over 70 detailed lessons and a support team to help participants. NFI member company employees have free access Squire for the next 60 days.

CDC has developed a Resuming Business Toolkit that will assist businesses in lowering the spread of COVID-19 when considering when to resume operations.

OSHA prepared a related document, general guidance for preparing workplaces for COVID-19

Government Stimulus, Assistance, and Regulatory Relief Programs

The Small Business Administration issued new guidelines on PPP loan forgiveness and allowable expenses.

At a Senate Commerce Committee hearing, Senator Maria Cantwell (D-WA), the top Democrat on the committee, highlighted the need to streamline distribution of $300 million in funding for fisheries participants made available in the CARES ACT (passed 133 days ago). She noted the “slow and inefficient and cumbersome implementation” of fishery disaster relief by the National Marine Fisheries Service.

Massachusetts’s COVID relief spending plan was approved by NOAA Fisheries and the Commonwealth will soon mail to commercial harvesters ($11.8 million) and seafood processors and distributors ($13.8 million) applications for CARES Act-related relief.
Seafood Processors and Wholesale Dealers were required to fill out the pre-application questionnaire by 29 July. Information can be mailed back or emailed to dmf.caresrelief@mass.gov.

The White House and Congressional leaders are negotiating the COVID 4 legislation, likely the last COVID-related package. NFI is working in coalitions to enable new PPP loans to be used to eliminate bad or aged receivables. It is unsure the fate of the bill if President Trump acts unilaterally on unemployment insurance and other issues.

NFI, the International Foodservice Distributors Association, and United Fresh released a statement in support of Rep. LaHood’s legislation to provide tax relief associated with accounts receivables that were unpaid due to COVID.

NFI and several other major associations expressed support for bipartisan house legislation (Graves, Cuellar) that would provide liability protection for critical infrastructure businesses (like NFI members) that stayed open during COVID.

Sen. Joni Ernst (R-IA) introduced the FRNT LINE Act which will provide tax relief to essential workers, including those who work in the food and agriculture sector.

SBA and Treasury regarding the enactment of the Paycheck Protection Program Flexibility Act providing their next steps to implement the Act

As the Federal Reserve prepares to start up its Main Street lending program, it has changed the terms to allow for greater participation:

a. Businesses participating in the program, which aims to boost lending to small and mid-size companies through three facilities, will be able to defer principal payments on their loans for two years, up from the previously announced one year. Interest payments will still be deferred for one year.
b. The Fed lowered loan minimums to $250,000 from $500,000 and extended the loan term to five years from four. It also increased loan maximums across the three facilities. Company loans up to $300 million will now be eligible for the program.
c. Loan recipients are still limited to 15,000 employees or fewer and an annual revenue cap of $5 billion. The requirements on earnings before interest, taxes, depreciation, and amortization remain the same for each facility.
d. Banks will be required to hold 5% of the loans on their balance sheet for all three facilities, where previously they had to hold 15% of loans to more-risky businesses. With that change, and the increase to the maximum loan size, the Fed is taking on more of the risk.
e. The adjustments address concerns around whether companies would utilize the lending facilities, and whether banks were willing to make the loans. The Fed said it expanded the program to make it available to a wider array of businesses and to better help those that have been shut down, and facing significantly reduced revenue, for months

As an update to previously reported stimulus support, the Federal Reserve has announced that it is establishing a Main Street Lending Program (Program) to support lending to small and medium-sized businesses that were in sound financial condition before the onset of the COVID-19 pandemic. The Program will operate through three facilities: the Main Street New Loan Facility (MSNLF), the Main Street Priority Loan Facility (MSPLF), and the Main Street Expanded Loan Facility (MSELF).

SBA and Treasury announced new EZ and revised full forgiveness applications for the Paycheck Protection Program. In addition to revising the full forgiveness application, SBA also published a new EZ version of the forgiveness application that applies to borrowers that:
Are self-employed and have no employees; OR Did not reduce the salaries or wages of their employees by more than 25%, and did not reduce the number or hours of their employees; OR
Experienced reductions in business activity as a result of health directives related to COVID-19, and did not reduce the salaries or wages of their employees by more than 25%.

In a memo to the Secretaries of Agriculture and Commerce and the USTR, President Trump directed that USDA shall:

….. consider including, to the extent permitted by applicable law, the United States lobster industry and other segments of the United States seafood industry in any future assistance provided to mitigate the effects of China’s retaliatory trade practices.”

NFI has sought expansion of USDA program to NFI members in the seafood community.

The House and Senate passed legislation extending from 30 Jun to 8 Aug the deadline for applying for the PPP. President Trump is expected to sign the bill into law.

U.S. Senators Chris Van Hollen and Ben Cardin (both D-Md.) and Tim Kaine and Mark Warner (both D-Va.) recently sent a letter to U.S. Department of Agriculture (USDA) Secretary Sonny Perdue, urging USDA to support local oyster and clam businesses facing economic hardship due to the COVID-19 pandemic. This would mirror support provided to the lobster community.

Reps. Graves and Cuellar introduced bipartisan liability legislation

USDA Secretary Perdue announced the $19 billion Coronavirus Food Assistance program through which CFAP will provide financial assistance to producers of agricultural commodities who have suffered a five-percent-or-greater price decline or who had losses due to market supply chain disruptions due to COVID-19 and face additional significant market costs. USDA is particularly interested in aquaculture products for future support.

The Small Business Administration (SBA), in consultation with the Department of the Treasury, released the Paycheck Protection Program (PPP) Loan Forgiveness Application and detailed instructions for the application.

The SBA has again https://home.treasury.gov/system/files/136/Paycheck-Protection-Program-Frequently-Asked-Questions.pdf in full and be deemed by the SBA to have “made the [borrower] certification in good faith.” The new safe harbor deadline is Monday, May 18, 2020.

SBA released new guidance (just one day before the SBA’s imposed repayment deadline of 14 May) informs borrowers that those receiving less than $2 million (together with their affiliates) will be deemed to have certified in good faith as to necessity for a loan under the Paycheck Protection Program (PPP).

NOAA announced the allocation of CARES Section 12005 fund to various states. As NFI understands the process: The funds will flow to states fisheries commission. Each state will determine how to allocate their funds and submit their spending plan back to NOAA. NOAA will approve the plan and release fund to the states fisheries commissions. The commissions will send the money to the states or directly to applicants (based on the states preference for actual distribution). (There must be a reason for this process, or maybe Rube G is out of a job – the video is worth a watch).

The SBA Office of the Inspector General this evening issued a “Flash Report” to Congress on the implementation of the PPP program. The OIG Flash Report includes five recommendations on how to improve the PPP program. This includes a recommendation that SBA remove the requirement that 75 percent of loan proceeds must be used on payroll costs. The OIG Flash Report says if SBA retains the 75 percent requirement “tens of thousands” of loan recipients would not qualify for loan forgiveness. This will bolster Congressional efforts to modify and expand the PPP program in CARES 2.0 / COVID 4. The OIG Flash Report also includes a side-by-side chart with statutory language, Interim Final Rule language and FAQ language that cover the same topic, which is helpful.

NOAA Fisheries announced that the $300 M in CARES Act Section 12005 will be distributed to states thru the interstate marine fishery commissions. In the FAQs, NOAA states eligible “fishery-related businesses” should be limited to commercial fishing businesses, charter/for-hire fishing businesses, qualified aquaculture operations, processors, and dealers.” NFI advocated strongly for this broad definition of support.

The Small Business Administration has updated its PPP FAQs noted below.

SBA will begin accepting new Economic Injury Disaster Loan (EIDL) and EIDL Advance applications to provide relief to U.S. agricultural businesses. Eligible agricultural businesses may apply for thru the EIDL portal.

Holland & Knight has developed an explanation of What Should a Recipient Do to Begin to Document and Calculate Loan Forgiveness? under the Payroll Protection Program. IN a related document, the American Institute of Certified Public Accountants (AICPA) issued their recommendations for documenting loan forgiveness.

The IRS has extended the deadline for the filing of certain IRS 5500 forms (retirement plans). Holland & Knight’s bulleting descries the temporary relief in more detail.

The Federal Reserve on Thursday said it’s expanding a program that helps the government provide stimulus loans to small businesses and is designed to keep workers on payrolls during the coronavirus pandemic. The Fed said in a statement that it broadened access to its Paycheck Protection Program Liquidity Facility to additional lenders such as non-depository institutions. The central bank also widened the collateral that can be pledged.

Term sheet: Main Street New Loan Facility (PDF)
Term sheet: Main Street Priority Loan Facility (PDF)
Term sheet: Main Street Expanded Loan Facility (PDF)
Main Street Lending Program Frequently Asked Questions (PDF)

President Trump signed an Executive Order to keep meat and poultry processing facilities open during the COVID-19 national emergency. While Section 2 language (…”food supply chain resources, including meat and poultry…”) could theoretically include seafood, other language in the EO emphasizes meat and poultry only. The USDA may issue regulations around this order, but the EO itself is silent on issues of liability.

An extension to the SBA PPP has cleared the House and Senate 23 April. A summary of the initial legislative language includes changes to the kinds of financial institutions that can process applications among other steps.

Supreme Court of Pennsylvania stated (Friends of DeVito v. Wolf): “The COVID-19 pandemic is, by all definitions, a natural disaster and a catastrophe of massive proportions.” This pronouncement by the may have far-reaching implications for insurance, force majeure, and other contract issues,

The Administration issued an Executive Order to allow deferment of certain duties, taxes and fees. A Temporary Final Rule provides details on how to qualify for the deferment program, which began 20 April. Some details include: formal entries made in March or April 2020; does not to entries subject to a trade remedy action (AD/CVD, 301, 201, 232); must show; significant financial hardship (60% loss in gross revenue 2019 to 2020 periods due to government action related to COVID)

In an important step, the White House announced 16 April its plans to work with Governors in a staged, risk-based reopening of the economy.

The USDA Agricultural Marketing Service (AMS) is providing temporary regulatory relief for its Country of Origin Labeling requirements for covered commodities, including raw fish and other seafood, sold at retail. This is to address products that were labeled for food service that are now being re-distributed for retail sales. Product labeled for food service use are not required to meet the USDA AMS COOL requirements and therefore may not indicate the country of origin and whether method of production (i.e., farmed or wild). This regulatory relief is effective April 20, 2020 for a 60 day period.

NFI and 31 other organizations sent a letter to Congressional leadership 14 April asking for protection against litigation associated with employees contracting COVID who work at companies designated by the federal government as critical infrastructure businesses.

To help NFI members understand their options in the “Main Street Lending Program” NFI and Holland & Knight’s Kara Ward, a Treasury expert, hosted a taped webinar and presentation NFI on 14 April. Holland & Knight has prepared an overview of the Main Street Lending Program.

Several states, including California, have mandated their insurance commissioner to review insurance rates for drivers and potentially provide insurance refunds given the significantly reduced driving and thus accident rates.

The Small Business Administration has issued Economic Injury Disaster Loans (EIDL) declarations for each U.S. State and Territory. This allows the filings of applications for economic injury disaster loans for small businesses experiencing temporary difficulties as a result of COVID-19.

Holland & Knight’s analysis of workforce-related credits, additional time to pay and file taxes, and opportunities to reduce business 2019 and 2020 income tax liability as well as possibly claim refunds for prior tax years

About 130 people from more than 75 NFI members joined an NFI and Holland & Knight webinar Tuesday 31 March to discuss how to access the resources available thru the CARES Act. The 90 minute presentation is available. To protect your investment in NFI, a recording of the webinar is available thru a password protection system. Email John Connelly at jconnelly@nfi.org for the password. We ask that you not distribute this beyond your company, as it is a benefit of your investment with us.

Developing Administration and State Actions and Legislative Activity

To limit the spread of coronavirus, the U.S. has reached agreements with Canada and Mexico to limit all non-essential travel across borders until 21 July 2020.

President Trump signed an immigration Executive Order that extended previous restrictions on temporary workers. It exempted individuals that” provide temporary labor or services essential to the United States food supply chain.” (Section 3.b.iii)

Senate action on liability and further support of families, workers, and business will not take place until after they return from their July 4th in state work session, likely 20 July.

NOAA’s waiver of fishery monitoring in the Northeast will expire July 1. A letter from the Northeast Fisheries Science Center outlines the preparations for a safe and efficient redeployment

Senate action on liability and further support of families, workers, and business will not take place until after they return from their July 4th in state work session, likely 20 July.

The governors of New York, New Jersey and Connecticut have issues a joint travel advisory that is effective 11:59pm, Wednesday June 24. Anyone traveling into the three states from a state that has a 10% or higher positivity rate for COVID-19 are to self-quarantine for 14-days. Currently those states are Alabama, Arkansas, Arizona, Florida, North Carolina, South Carolina, Texas, and Utah.

NOAA Fisheries is extending the waiver granted to vessels with Greater Atlantic Region fishing permits to carry human observers or at-sea monitors through July 31, 2020.

President Trump signed an Executive Order 19 May directing agencies to use all emergency authorities to swiftly identify regulations that can be rescinded or temporarily waived to promote job creation and economic growth. Agencies can speed the rulemaking process by moving proposed rulemakings to interim final rules with immediate effect. Additionally, the President directed agencies not to over-enforce when a business is working in good faith to follow the law.

Secretary Mnuchin testified before the Senate today on the need for another aid package targeted to businesses, including changes to the PPP and tax credits. This aligns with NFI’s efforts to address the bad debt issue in the next COVID package.

Media and Other Reports

Reuters reports authorities in China have found coronavirus on the packaging of imported frozen seafood that arrived from the port city of Dalian. (See #1 from FDA in the section below for more.)

Meanwhile, The Scientist magazine published a story titled Coronavirus Found on Food Packaging, but Likely of Little Concern.

Food Safety Magazine published a column penned by the American Frozen Food Institute (AFFI) primarily focused on its listeria prevention and control strategy. However, the column does share a useful link to AFFI resources for operating frozen food facilities during COVID-19.

A story published by AFP reveals the “remarkable, real-life, human experiment” of neutralizing COVID-19 antibodies that unfolded when the crew of a Seattle fishing vessel was exposed to the coronavirus.

The Washington Times published a report on how seafood distributors need help from the PPP to deal with $2.2 billion in outstanding debt

Alaska Public Radio reports that COVID-19 data-modeling sites show the Bristol Bay region as one of the nation’s hottest hotbeds of infection – but it’s likely an anomaly due to the model’s limitations; Alaska is unique in many ways (such as seasonal employees impacting population) and often national models don’t translate.

A new report by the High Level Panel for a Sustainable Ocean Economy highlights the role of seafood in feeding a global population and aiding post-Covid-19 economic recovery. The recommended 4 key areas of ocean investment include “increasing sustainable protein from the ocean” noting that “fish and shellfish, can help reduce the pressure on emissions-intensive, land-based farming of livestock such as beef and lamb.”

KNKX, a public radio station serving the Pacific Northwest reports that $50 million in CARES Act assistance (the highest amount awarded to any state) may not be enough for all of Washington’s seafood industry.

Bloomberg reported on the impact of COVID on various sectors of the seafood supply chain. This reporting has seen widely syndicated and helps shape NFI’s advocacy strategy.

NFI intern, Emma O’Sullivan, summarized the 11 June WITA trade webinar on US-UK trade relations. The UK hopes to get an agreement signed before US election despite of the challenges such as Section 232 tariffs and digital tax. The US industry participants felt successful negotiations will help US COVID-19 economic recovery.

As noted in more detail in the NFI Actions: China, COVID, Salmon section, there was extensive coverage of China closing food markets in Beijing due to COVID concerns.

The Canadian Broadcasting Corporation reference NFI’s work in communicating the facts about seafood and VOVID after the Beijing food market outbreak.

KDLG (Bristol Bay Public Radio) refers to NFI’s pushing back on misinformation from news and some Chinese sources about COVID and salmon.

The New York Times reports on the dramatic slowdown in Chinese consumption of salmon after misinformation spread about seafood and COVID. (See related section on China, COVID, Seafood)

The Wall Street Journal reports on struggles of food distributors to supply restaurants, including the challenge of financing their customers purchases.

NFI member Tom Kehoe of Jackson and Partners was featured on Fox Business discussing the U.S.-China trade relationship, especially on seafood.

NFI’s statement re safety of U.S. foods was mentioned on KNBA radio – an NPR affiliate in Anchorage. The story is a syndication from KDLG, affiliate in Bristol Bay, AK – but the audio report appears to be a new addition in the Anchorage piece.

A widely syndicated (more than 75 outlets) story from the Associated Press takes a look at whether the reduced fishing effort during COVID-19 will have an impact on seafood sustainability: Worldwide slowdown in fishing unlikely to save rare species. NFI notes in the article that fisheries science is a highly technical effort, “it’s much more specific than just give fish a break and they’ll rebuild.”

The Portland Press Herald published a commentary by Ben Martens, president of Maine Coast Fisherman’s Association that says, “Federal COVID response a missed opportunity to help Maine fishermen.” The author highlights that the $300 million of federal aid for the seafood community “does not even begin to cover the pandemic’s ruinous impacts on our nation’s fishing communities, which generate billions in economic activity annually while also feeding the nation.”

Egil Sundheim (Norwegian Seafood Council), Barton Seaver and ASMI are featured in this Restaurant Business Online story about the seafood supply chain, and how those disruptions are impacting restaurants now.

WUSA9 reports More than half of Maryland crab processing plants shut down due to lack of staff due to “being unable to get foreign workers into the country to pick their crabs.”

Bloomberg reports on the impact of COVID on harvesters

The British Medical Journal today notes the importance of fish in helping “reduce risk of infections and death during the coronavirus pandemic.” And “Healthy eating and maintaining and improving nutritional status are vital to keep the body in top condition—both physical and mental. The healthiest meals include …., fish (particularly oily fish as a source of the essential omega-3 fatty acids, docosahexaenoic acid (DHA) and eicosapentaenoic acid (EPA)), nuts and seeds.”

Inside Edition highlights lots of options for seafood preparations, including Martha Stewart saying “she wants fish!”

The New York Times does an excellent job telling the two sides of seafood during COVID – thru tales of retail and restaurants channels (albeit NFI is unsure how uniform the consumer demand to cook octopus or blue fin tuna belly at $25/pound at home is!)

Published in the American Journal of Clinical Nutrition, a study identified a link between the outcome of COVID-19 disease and dietary selenium. Though preliminary, it adds support that a diet rich in seafood could play a role in immunity and COVID recovery. Ramy Saad, a doctor at Royal Sussex County Hospital, Brighton, currently taking an MSc degree in Nutritional Medicine at the Department of Nutritional Sciences at Surrey, commented; “The correlation we have identified is compelling, particularly given previous research on selenium and infectious diseases. As such, a careful and thorough assessment of the role selenium may play in COVID-19 is certainly justified and may help to guide ongoing public-health decisions.”

The latest Dataessential report suggests that while Americans aren’t prepared to completely unplug from COVID news, they are ready to expand their focus to other important topics.

A Forbes column suggests a “tide of opportunity” for the seafood industry, based on the country’s reliance on global sourcing and rising demand.

COVID-19 transforms the way Americans shop, eat, and think about food, according to a summary of IFIC’s 2020 Food & Health Survey. You can access the full report by completing a simple form.

Federal and State Government Reports

Miller Strategies, an NFI consultant, provides a summary of political and related issues for 24 August 2020. There are no updates or prognostication on the fate of the next stimulus package in this edition but the (partisan) report does illustrate what Capitol Hill is focused on today from a COVID-19 perspective.

These days a tweet is often the closest thing to a “Federal Report.” So, the importance should not be underestimated of a tweet from the FDA’s Deputy Commissioner that says, “True then. True still today. There is no evidence of food or food packaging being associated with the transmission of the virus that causes COVID-19.”

Miller Strategies, an NFI consultant, provides a summary of political and related issues for 17 August 2020. There are no updates or prognostication on the fate of the next stimulus package in this edition but the (partisan) report does illustrate what Capitol Hill is focused on today from a COVID-19 perspective.

Miller Strategies, an NFI consultant, provides a summary of political and related issues for 7 August 2020. While the report has a decidedly partisan tilt, it contains breaking news about President’s Trump’s action re COVID.

This handy one-page resource, COVID-19 Data Hubs for Data-Driven Decision Making, provides links to publicly-accessible COVID-19 data and analytic resources.

The Cybersecurity & Infrastructure Security Agency (CISA) has developed the COVID-19 Recovery CISA Tabletop Exercise Package (CTEP) to assist private sector stakeholders and critical infrastructure owners and operators in assessing short-term, intermediate, and long-term recovery and business continuity plans related to the COVID-19 pandemic.

Miller Strategies, an NFI consultant, provides a daily summary of White House, Congressional, and political updates as of 21 Jul 2020

Miller Strategies, an NFI consultant, provides a daily summary of White House, Congressional, and political updates as of 13 Jul 2020

Miller Strategies, an NFI consultant, provides a daily summary of White House, Congressional, and political updates for 8 Jul 2020

The Department of Homeland Security provides a daily status report for 6 July 2020.

Miller Strategies, an NFI consultant, provides a daily summary of White House, Congressional, and political updates for 6 Jul 2020

Miller Strategies, an NFI consultant, provides a daily summary of White House, Congressional, and political updates for 1 Jul 2020

Miller Strategies, an NFI consultant, provides a daily summary of White House, Congressional, and political updates for 22 Jun 2020

Miller Strategies, an NFI consultant, provides a daily summary of White House, Congressional, and political updates for 19 Jun 2020

Depart of Homeland Security Daily Critical Infrastructure Situation Report 17 Jun 2020

Miller Strategies, an NFI consultant, provides a daily summary of White House, Congressional, and political updates for 17 Jun 2020

Depart of Homeland Security Daily Critical Infrastructure Situation Report 15 Jun 2020.

Miller Strategies, an NFI consultant, provides a daily summary of White House, Congressional, and political updates for 15 Jun 2020

Depart of Homeland Security Daily Critical Infrastructure Situation Report 12 Jun 2020.

Depart of Homeland Security Daily Critical Infrastructure Situation Report 10 Jun 2020.

Miller Strategies, an NFI consultant, provides a daily summary of White House, Congressional, and political updates for 10 Jun 2020

Depart of Homeland Security Daily Critical Infrastructure Situation Report 8 Jun 2020.

Miller Strategies, an NFI consultant, provides a daily summary of White House, Congressional, and political updates for 8 Jun 2020

Other Governments Actions

Fisheries and Oceans Canada has extended through 12 August the period in which observers will not be on vessels.

China shut down a major seafood and produce market and locked down several residential complexes on Saturday after 53 people tested positive for the coronavirus in the city, renewing fears that China’s grip on the pandemic is not yet secure. Authorities have claimed that coronavirus was detected on a chopping board for imported salmon at Xinfadi market. The imported salmon was from Jingshen seafood market, which was also shut down on Friday.

Public Health in Perspective

Here is the latest update to the World Health Organization’s Coronavirus disease (COVID-19) Situation Report. It reviews data on infection rates from national authorities in countries all over the globe.

Miscellaneous

NFI Letter to Members re-Compilation of COVID 19 Federal and State Resources (PDF)

Compilation of COVID-19 Federal and State Policies and Guidance for the Food Industry (XLXS)

Food Resiliency and COVID President Biden has ordered a year-long review of agriculture and food production supply chains for resiliency in the context of COVID.

Planning Considerations for Organizations in Reconstituting Operations During the COVID-19 Pandemic is a FEMA document that provides a series of recommendations and questions to consider as you are working to re-open if your business has been closed during the pandemic.

Holland & Knight has updated its information about tax treatment and incentives of CARES Act benefits

The Center for Strategic & International Studies has developed a COVID Tracking Tool focused on Southeast Asia, which includes statistics and government actions and responses. If you import from the region, the tracker may help you understand activity and trends in the region. A Southeast Asia summary and commentary are also available.

Roadmap to Recovery: A Public Health Guide for Governors is a newly released document from the Association of State and Territorial Health Officials (ASTHO) and the National Governors Association which provides a 10 step strategy for reopening the economy. While this document is for state and local governments, it will impact business operations.

ASTHO has also created guidance for creating a national contact tracing program – an tool used by public health officials to control infectious diseases.

CDC has a new COVID-19 resource page designed to serve as a collection of resources to assist States, tribes, localities and territories in managing the COVID-19 pandemic. These frontline public health agencies are essential to re-open the economy and controlling the spread of the virus.

From The Acheson Group (TAG) an excellent review of a 4-part risk mitigation strategy for preventing the spread of COVIS-19 in your operation: 1) keep sick employees at home, 2) social distancing and handwashing, 3) clean environment, 4) non-medical face masks.

TSA is granting a temporary exemption regarding the expiration of certain Transportation Worker Identification Credentials (TWIC®s). TSA will extend the expiration date of TWIC®s that expired on or after March 1, 2020, by 180 days.

The U.S. DOJ and FTC on 13 April issued a statement emphasizing enforcement of antitrust requirements with respect to labor markets during the COVID-19 pandemic response, emphasizing they are “on alert for employers, staffing companies, and recruiters who might engage in collusion or other anticompetitive conduct that harms workers. Examples of such conduct include agreements to suppress or eliminate competition with respect to compensation, benefits, hours worked, and other terms of employment, as well as the hiring, soliciting, recruiting, or retention of workers.”

The Institute for Health Metrics and Evaluation (IHME) has a model which predicts the progression of the COVID-19 outbreak by country and by state within in the US. As you begin to think about the other side of this disaster, this tool is open that public health professionals appear to be watching.

Updated Guidance. To minimize delays at Ports of Entry, CBP is recommending that CBP’s automated systems be used to the fullest extent possible to minimize person-to-person interactions.

The Environmental Protection Agency has issued temporary enforcement discretion guidelines applicable to manufacturing and other facilities with EPA interaction.

Ports are imposing restrictions on vessels and crew. This map provides detailed restrictions information by clicking on each port or country.

AFDO (Association of Food and Drug Officials) has a Coronavirus Resource page which provides links to State specific information.

The National Governors Association’s “Coronavirus: What You Need to Know” webpage which provides current information on actions that States and Territories are taking to address COVID-19.

China and Vietnam COVID Testing

NFI continues to work with US government agencies regarding the testing requirements form China. From a USDA Foreign Agricultural Service to NFI:
“On December 7, China’s General Administration of Customs of the People’s Republic of China (GACC) sent the U.S. Embassy Beijing the attached guidelines regarding control of COVID-19 in the food cold chain. The U.S. government (USG) does not view these guidelines to be appropriate and will not be requiring them nor enforcing them. In addition, the U.S. government is addressing our concerns directly with China’s regulatory authorities. However, we wanted to make you aware that the attached had been issued by GACC.”

Re Vietnam, also from FAS to NFI:
“On Dec 10, 2020, the Office of Agricultural Affairs (OAA) at the U.S. Embassy in Hanoi met with the Vietnam Food Administration (VFA) of the Ministry of Health (MOH) to discuss the VFA/MOH policy on SARS-CoV-2 testing of imported food products/packaging. VFA emphasized that this policy was to conduct ‘monitoring’ of potentially high-risk imported products upon which time they would report to Vietnam’s COVID-19 steering committee.

VFA made the following points:
• This is a ‘monitoring’ program that doesn’t affect the customs clearance process and does not impact trade (we currently understand there are no plans to notify to the WTO).
• VFA stated that testing would be targeted towards the packaging of frozen meat and seafood products (not the products themselves), primarily from countries identified as high-risk based on their COVID-19 status.
• VFA did not rule out testing of other products/packaging, while emphasizing that the focus would be on the packaging of frozen meat and seafood.
• VFA stated that they had received no complaints from industry sources. VFA recommends industries notify or discuss with VFA if there are any concerns or issues.
• Upon request, VFA confirmed that they will increase communication with MARD and GDVC to communicate that this is a ‘monitoring’ program.

Staff in Hanoi and HCMC continue to monitor implementation of this policy at the border through communication to industry and GVN sources. We welcome any questions or concerns from you.”