DeLauro, Durbin introduce the Federal Food Administration Act

Lawmakers are again seeking to establish a single federal agency to provide food safety oversight.

Ranking member of the House Appropriations Committee Rosa DeLauro, D-Conn., and U.S. Senate Majority Whip Dick Durbin, D-Ill., introduced the Federal Food Administration Act, legislation that would establish the Federal Food Administration, a single agency responsible for ensuring the safety of the nation’s food supply and promoting good nutrition. This new agency would take over food responsibilities currently housed at the Food and Drug Administration.

“I have long said that food safety is a second-class citizen at the Food and Drug Administration,” DeLauro said in a news release. “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," DeLauro continued. "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.”

“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,” Durbin said in the release. “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.”

“FDA's recent efforts to reorganize the Human Foods Program has represented a positive first step toward improving operations and accountability at the agency,” Brian Ronholm, director of food policy for Consumer Reports, said in the release. “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% of the food supply, and consumers and companies depend on FDA to perform its regulatory role effectively. Yet, despite increased authorities included in the Food Safety Modernization Act, the agency has failed to make significant inroads in reducing rates of foodborne illness and death in the U.S., according to the release. About 1 in 6 Americans — or 48 million people — get sick from a foodborne illness each year. According to the Centers for Disease Control and Prevention, 128,000 in the U.S. also are hospitalized and 3,000 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 by incorporating the existing food programs within FDA into this separate agency: the Center for Food Safety and Applied Nutrition, Center for Veterinary Medicine, Office of Food Policy and Response, and the Office of Regulatory Affairs. 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 U.S. consumers from foodborne illnesses, according to the release. 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, the release said.

Joining Durbin and DeLauro as an original cosponsor of this legislation is Sen. Richard Blumenthal, D-Conn. The legislation is endorsed by Consumer Reports, STOP Foodborne Illnesses, Environmental Working Group, and the American Herbal Products Association, the release said.

Related link: Read the bill text