07.23.24

Durbin, DeLauro Introduce The Federal Food Administration Act

Legislation would transfer FDA's food authorities and establish a single food safety agency

WASHINGTON – U.S. Senate Majority Whip Dick Durbin (D-IL) and Chair of the House Appropriations Committee Rosa DeLauro (D-CT-03) introduced the Federal Food Administration Act,legislation that would establish the Federal Food Administration, a single agency responsible for ensuring the safety of our nation’s food supply and promoting good nutrition. This new agency would take over food responsibilities currently housed at the Food and Drug Administration (FDA).

“In recent years, FDA has been plagued by one failure after another—from a failure to protect babies from bacterial infections in their infant formula, to a failure to protect children from lead-tainted applesauce pouches,” said Durbin. “The sad reality is that FDA has not used its authority to protect Americans from preventable illness and death.  For that reason, Congresswoman DeLauro and I are introducing legislation to transfer all of FDA’s food responsibilities to a new agency that, we hope, will enable greater attention and success in protecting the foods in our kids’ lunch boxes and on our dining room tables.”

“I have long said that food safety is a second-class citizen at the Food and Drug Administration,” said DeLauro. “While I am pleased with the reorganization of the Human Foods Program and proud of the progress that Deputy Commissioner Jim Jones has made to revamp how the agency prioritizes food safety, I believe we need a single food safety agency solely focused on keeping the foods that we eat, safe. Creating a single food safety agency could prevent avoidable product contaminations and subsequent recalls that disrupt the supply chain, contribute to rising prices, and in many cases, result in consumer illness and death. The 2022 infant formula shortage made this abundantly clear. I am proud to join Senator Durbin in introducing the Federal Food Administration Act, legislation that would strengthen food safety and protect consumers by creating a single independent food agency.”

“FDA's recent efforts to reorganize the Human Foods Program has represented a positive first step toward improving operations and accountability at the agency,” said Brian Ronholm, Director of Food Policy for Consumer Reports. “Ultimately, we need an independent, single agency focused solely on preventing foodborne illness and promoting nutrition goals in order to effectively carry out its mission. Consumer Reports strongly supports this bill and applauds Sen. Durbin and Rep. DeLauro for their tireless efforts on this issue.”

FDA regulates approximately 80 percent of our food supply. Consumers and companies depend on FDA to perform its regulatory role effectively.  Yet, despite increased authorities included in theFood Safety Modernization Act (FSMA), the agency has failed to make significant inroads in reducing rates of foodborne illness and death in the U.S.  About one in six Americans—or 48 million people—get sick from a foodborne illness each year.  According to the Centers for Disease Control and Prevention (CDC), 128,000 Americans also are hospitalized and 3,000 Americans die of foodborne diseases each year. 

The Federal Food Administration Act would establish a Federal Food Administration under the Department of Health and Human Services (HHS) by incorporating the existing food programs within FDA into this separate agency: the Center for Food Safety and Applied Nutrition (CFSAN), Center for Veterinary Medicine (CVM), Office of Food Policy and Response (OFPR), and the Office of Regulatory Affairs (ORA). This agency would be led by an expert confirmed by the Senate.

FDA has undertaken a reorganization of the Human Foods Program to better protect Americans from foodborne illnesses.  However, a unified structure under HHS with a Senate-confirmed Commissioner will strengthen oversight of the food supply, improve the health and well-being of Americans, and enhance the ability of companies to operate effectively.

Joining Durbin and DeLauro as an original cosponsor of this legislation is Sen. Richard Blumenthal (D-CT).

The legislation is endorsed by Consumer Reports, STOP Foodborne Illnesses, Environmental Working Group, the American Herbal Products Association, and the Consumer Federation of America (CFA).

You can find the bill text here.

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