The emerging seaweed industry in the United States presents novel legal considerations, including how to regulate the sale of seaweed in its whole form as a food product. There is currently no federal guidance on the food safety risks of seaweed in its whole form, leaving states unsure how to proceed with their own laws and regulations. In 2019, the National Sea Grant Law Center (NSGLC), in partnership with Connecticut Sea Grant, received funding from the National Sea Grant College Program to enhance coordination and cooperation among states to build policy consensus as to the preferred approaches for regulating the sale of seaweed in its whole form for food. Three components were envisioned for this project: (1) conducting legal research to identify and assess potential models; (2) convening a collaborative learning workshop to engage stakeholders, and (3) developing a model law, regulation, or guidance document for the sale of seaweed in its whole form as food.
The NSGLC has completed the first two phases of the project. In 2020, the NSGLC hosted a webinar series to build a foundational base of knowledge and gather input from a broad range of stakeholders to inform workshop discussions and the project as a whole. In March 2021, the NSGLC hosted a virtual workshop over 8 sessions during a two-week time frame. 32 state regulators representing 11 states participated in at least one session of the March workshop. Participants assisted the NSGLC with the development of an FDA workflow, developed their own draft state workflows, and brainstormed food safety hazards of concern and possible control methods. The NSGLC has prepared workshop proceedings, which are now available.
On December 8, 2021, the NSGLC hosted a workshop to kick-off Phase 2 of the project. Through discussions with workshop participants, it became clear that before model language could be developed, a better understanding of the existing science was needed. Phase 2 has focused on two main items: 1) developing a webpage that can serve as a clearinghouse for seaweed food safety research and 2) additional outreach materials on the legal framework.