The American Peanut Council fully supports the U.S. peanut industry as it continues to deliver safe, nutritious products to the world during this difficult time. Manufacturers are working hard to ensure the health and safety of employees while continuing to maintain production and shipment of healthy and nutritious products. 

Peanuts and Peanut Products are Plentiful

Shelling, processing, and production facilities continue to put protocols in place in order to maintain operations and provide grocery stores and other food outlets with the peanut products consumers need and want. Food production is critical, and the American peanut industry takes these responsibilities very seriously. The nation’s leading health and food and agriculture agencies are also working with industry to ensure a safe and stable food supply.

What You Can Do

As more and more Americans face temporary economic instability, there will be increased demand for nutritious, economical protein-rich foods at food banks and other community food distribution points. In fact, peanut butter is consistently one of the most requested items at food banks.

Unfortunately, social distancing may make in-person product donation drop-offs challenging in some areas, so for those who want to help, we ask that you make a donation at Peanut Proud, a non-profit industry organization dedicated to humanitarian efforts. Together, we can help those in our communities who have become food insecure because of the impact of COVID-19. Thank you in advance for your donation.

COVID-19 Information Resources

The American Peanut Council staff continues to follow developments around the COVID-19 pandemic.  Below are some resources to help companies manage this situation as we all move forward.  There may be questions on our abilities to continue to supply our customers. All segments of the industry report that they are making accommodations and putting protocols in place to continue to make the peanut products the country and the world need.  Our government is taking various steps to keep the food industry functioning and distribution channels open.  We have prepared a statement that you may want to use with your customers as questions arise.  We also have a statement on our homepage that is more consumer-facing.

The U.S. Department of Labor has published a mandatory poster for the Families First Coronavirus Response Act that must be conspicuously displayed in the workplace along with your other legal notices.  The provisions of this Act go into effect on April 1^st according to the Department.

A copy of the poster may be found by going to:  https://www.dol.gov/sites/dolgov/files/WHD/posters/FFCRA_Poster_WH1422_Non-Federal.pdf

Additional Resources

•  DOL Issues Updated Model COBRA Notices and New FAQs | View Here
• COVID-19 Relief Extends Certain Employee Benefit Plan Deadlines
• DOL Now Fully Enforcing FFCRA Paid Leave Rules for Coronavirus
• USDA Announces Labeling Flexibilities Regarding COOL
• Dept. of Labor Guidance for Preparing Workplaces for Coronavirus
• USDA Announces Loan Maturity for Marketing Assistance Loans Now Extended to 12 Months
• WHO Guidance for Food Businesses
• Implementing Safety Practices for Critical Infrastructure Workers Who May Have Had Exposure to a Person with Suspected or Confirmed COVID-19
• Enforcement Guidance for Recording Cases of Coronavirus Disease 2019 (COVID-19)

SBA Paycheck Protection Program:

• Program overview
• Program details 
• Interim Final Rule – Paycheck Protection Program
• Updated FAQ for PPP
• Treasury and IRS Extend Over 300 Tax Filing, Payment and Administrative Deadlines
• How to Obtain an SBA Coronavirus PPP Loan and Have It Forgiven
• PPP Forgivable Loans Will be Unforgiving for Many
• Business Loan Program Temporary Changes; Paycheck Protection Program – Treatment of Owners and Forgiveness of Certain Nonpayroll Costs

Announcement from the U.S. Department of Labor that the Office of Foreign Labor Certification has released Round 2 of FAQs regarding COVID-19 and H-2A program.  To view the Round 2 FAQs regarding COVID-19, please click here.

There is no evidence of food or food packaging being associated with the transmission of COVID-19.  FDA does not anticipate any need for a food recall related to a situation where a factory worker is diagnosed with COVID-19.  COVID-19 is a respiratory virus, not a foodborne virus.

FDA Resources:

• Employee Health and Food Safety Checklist for Human and Animal Food Operations During the COVID-19 Pandemic
• Temporary Policy Regarding Accredited Third-Party Certification Program Onsite Observation and Certificate Duration Requirements During the COVID-19 Public Health Emergency 
• FDA’s Perspective on Food Safety and Availability During and Beyond COVID-19
• Coronavirus Disease 2019 (COVID-19)
• Coronavirus (COVID-19) Update: FDA updates on surveillance inspections during COVID-19
• Use of Respirators, Facemasks, and Cloth Face Coverings in the Food and Agriculture Sector
• What to Do if You Have COVID-19 Confirmed Positive or Exposed Workers in Your Food Production, Storage, or Distribution Operations Regulated by FDA
• Food Safety and the Coronavirus Disease 2019 (COVID-19)
• Food Industry Recommended Protocols When Employee/Customer Tests Positive for COVID-19
• FDA Provides Temporary Flexibility Regarding Nutrition Labeling of Certain Packaged Food
• FDA and OSHA Employee Health and Food Safety Checklist for Human and Animal Food Operations During the COVID-19 Pandemic Operations During the COVID-19 Pandemic
•  FDA COVID-19 Update for Food Operations Stakeholders Webinar

Hogan Lovells LLC Memos on Critical Infrastructure:

• COVID-19 Update: Food and Agriculture Critical Infrastructure Sector Classification and State and Local Restrictions and Curfews
• COVID-19 Update: Supplemental Update on Essential Critical Infrastructure Workers
• If you are experiencing supply chain barriers (such as transportation problems moving food through areas which may have restrictions), please contact FEMA National Business Emergency Operations Center, NBEOC@fema.dhs.gov. It is operating 24/7.
• ADVISORY MEMORANDUM ON IDENTIFICATION OF ESSENTIAL CRITICAL INFRASTRUCTURE WORKERS DURING COVID-19 RESPONSE

FSMA related issues:

• Temporary change in FSMA foreign supplier verification program (FSVP) audit regulations. Foreign Supplier Verification onsite audits, sampling, testing will be suspended. Visit: Guidance for Industry: Temporary Policy Regarding Preventive Controls and FSVP Food Supplier Verification Onsite Audit Requirements During the COVID-19 Public Health Emergency 

• Regulatory discretion on the foreign buyer verification program: Only inspections outside the U.S. considered "mission critical" will be made, and these will be done on a case by case basis.

• Domestic inspections will be focused on “mission critical inspections”, and routine surveillance inspections planned for this year are postponed.  Public health mission of agency comes first. Mission critical inspections are those related to Class 1 recalls or otherwise critical to protecting public health.  Domestic inspections are normally not announced in advance, but for now, companies will be notified in advance of any inspections.

For more answers to common industry questions: 

• Food Safety and the Coronavirus Disease 2019 (COVID-19) Questions & Answers.
• Waiver in Response to the COVID-19 Emergency – For States, CDL Holders, CLP Holders, and Interstate Drivers Operating Commercial Motor Vehicles.
• How the Treasury Department is Taking Action
• Opening Up America Again

The APC staff remains at your disposal, so please do not hesitate to contact us with comments, questions, and/or updates on your operations, etc.  Although we are telecommuting, messages can be left for staff members at 703-838-9500 or via email.