Day 6 Shutdown Update: Escalation in Delays Across FDA & USDA

Day 6 Shutdown Update

As the federal shutdown stretches into its sixth day, disruptions are compounding. The longer the lapse continues, the more delay, backlog, and uncertainty we see across FDA, USDA, and import/trade operations. Below is our updated picture—and what your team should be monitoring closely.


FDA & Regulatory Operations

  • Full stop on new user-fee submissions still in effect
    There has been no reversal: FDA continues to be legally barred from accepting new submissions that require user fees. Companies that did not already file or pay are essentially in pause mode.
  • Review capacity further strained
    Anecdotal reports suggest the agency is ordering further pullbacks in non-mission-critical functions. Even some “excepted” or high-risk work may face delays as staffing stress intensifies.
  • Surveillance, outbreak, and consumer complaint work under pressure
    As resources tighten, there is increasing risk that routine surveillance, data analyses, and complaint follow-ups will be deferred. This could impair responsiveness to emerging safety signals or product issues.
  • Imports: Processing delays mounting
    FDA’s import screening and targeted exams continue, but with growing backlogs. In ports where staff is reduced, hold times are lengthening, and release decisions are slower than earlier in the week.

USDA: Program Suspensions Deepen, Field Capacity Erodes

  • Wider program suspensions
    Over the weekend, more USDA services confirmed to be offline: technical assistance, research grants, rural development programs, and farm loan servicing are stalled until funding is restored.
  • County / district offices largely dormant
    Reports from states suggest that many county USDA offices are minimally staffed or closed entirely, reducing local program access and oversight.
  • Animal/plant health operations under stress
    While core emergency animal/plant health work may still operate, routine support, diagnostics, and movement permits (especially those not fully fee-funded) are seeing significant delays or suspension.
  • Data blackout persists
    USDA’s public releases—crop reports, export statistics, economic indicators—remain suspended, leaving market participants with increasingly stale or missing data.
  • Inspection continuity is variable
    FSIS continues meat/poultry/egg inspections. But in other sectors, inspection consistency is under threat as resource constraints bite.

Imports & Trade: Cumulative Friction

  • Customs (CBP) operations remain “essential” but stretched
    CBP continues cargo processing and duty collection, but with bottlenecks when other agencies (FDA, APHIS) can’t keep pace.
  • Multi-agency clearance friction increasing
    Shipments requiring coordination across multiple agencies are facing compound delays. If FDA or APHIS cannot clear their portion quickly, the entire release chain slows.
  • Logistics and supply chain strains growing
    Forwarders and trade service providers are explicitly warning clients to add extra buffer time (days to a week) for FDA-regulated imports, especially those with complex or perishable content.

What Industry Should Do Now

  • Reassess launch & submission plans
    If you had planned regulatory filings, launches, or manufacturing changes early next week, you may face unplanned shifts. Hold off where possible, or clear contingency routes.
  • Prioritize mission-critical work
    Focus scarce interaction on high-risk, safety-critical products or imports. Defer lower-priority items until funding resumes.
  • Add buffer to trade and supply timelines
    Ship earlier (if you can), anticipate port holds, and ensure your brokers/partners have clean documentation and backup strategies.
  • Track agency announcements daily
    Small changes in agency posture (center memos, field office notices) may open windows for action. Be agile.
  • Prepare for backlog triage
    Once shutdown ends, agencies are likely to prioritize life-safety, statutory deadlines, and high-profile work first—others may fall to the back of the queue.

Outlook

By Day 6, the shutdown is no longer just a short disruption. It’s morphing into a sustained operational crisis. If Congress does not act imminently, the risks to regulatory timelines, supply chains, and USDA program beneficiaries will increasingly escalate.

We will continue to monitor daily. If your operations are exposed—whether through import dependencies, USDA program reliance, or pending regulatory submissions—reach out now so we can help map tailored contingency strategies and “recovery-phase” planning.

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Marc Sanchez

Marc Sanchez

Marc is dedicated to helping his clients navigate the complex world of FDA and USDA legislation. He represents FDA-regulated companies in the food, dietary supplement, beverage, cosmetic, medical device, and drug industries.

Marc is the author of two textbooks and a lecturer at Northeastern University. He is a member of the Washington State Bar Association and the D.C. Bar Association.

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