“To establish the Federal Food Administration within the Department of Health and Human Services.”
No CRS summary available for this bill.
This section establishes the Federal Food Administration within the Department of Health and Human Services, to be created by the Secretary as soon as practicable but not later than one year after enactment. The agency, headed by a Commissioner of Foods appointed by the President with Senate confirmation, must (1) promote public health through timely review of food and nutrition research and marketing actions; (2) ensure foods are safe, wholesome, sanitary, and properly labeled; (3) collaborate internationally on food safety and trade; and (4) consult experts, consumers, and industry stakeholders as appropriate. (Thus, the agency centralizes certain food regulatory functions currently handled by the Food and Drug Administration.) It further requires interagency collaboration with USDA, CDC, NIH, and other entities on food-related research, evaluation, and monitoring; directs the Commissioner to oversee agency operations, research under the Federal Food, Drug, and Cosmetic Act, and public education; and authorizes technical and scientific review groups exempt from standard competitive service hiring, classification, and pay rules.
This section establishes a food facilities inspection program to be administered by the Commissioner of Foods that (1) categorizes facilities as high-risk, intermediate-risk, or low-risk pursuant to guidance issued within one year of enactment; (2) requires inspections of high-risk facilities at least annually, intermediate-risk facilities at least biennially, low-risk facilities (including warehouses engaged in packaging or distribution that pose minimal public health risk) at least every three years, and infant formula manufacturing facilities at least every six months; (3) mandates contracting with state officials to conduct at least half of required inspections; and (4) requires a follow-up compliance check within 30 days of issuing a form equivalent to FDA Form 483 after an inspection.
This section transfers to the Federal Food Administration all regulatory, administrative, and enforcement authorities related to food under the Federal Food, Drug, and Cosmetic Act (FD&C Act, 21 U.S.C. 301 et seq.) previously held by the Food and Drug Administration (FDA), along with all related functions of specified FDA components—including the Human Foods Program, Office of Inspections and Investigations, and Center for Veterinary Medicine—as determined by the President. It further amends the FD&C Act to vest such food-related authorities in the agency's Commissioner of Foods, effective as soon as practicable but no later than one year after enactment, and deems all prior statutory references to the FDA Commissioner (or Secretary acting through such Commissioner) with respect to food as references to the Commissioner of Foods.
This section (1) transfers to the Federal Food Administration all appropriations, allocations, and other funds related to the authorities, functions, and agencies transferred under section 4; and (2) authorizes appropriations of such sums as are necessary for FY2026 and each fiscal year thereafter to carry out this section.
This section establishes definitions for purposes of the Act, including (1) "Commissioner of Foods" as the Commissioner described in section 2(d); (2) "facility" as any factory, warehouse, or establishment subject to the requirements of section 415 (food facility registration, 21 U.S.C. 350d) or section 419 (standards for produce safety, 21 U.S.C. 350h) of the Federal Food, Drug, and Cosmetic Act; and (3) "Secretary" as the Secretary of Health and Human Services.