Eliminating Dangerous Preservatives Act
- Sponsor
- Rep. Mace, Nancy [R-SC-1]
- Committees
- Energy and Commerce Committee (primary)
- Last action
- Oct 26, 2026
Bottom line
This bill bans three common synthetic food preservatives, BHA, BHT, and TBHQ, from human food products sold in interstate commerce, with a two-year implementation period for manufacturers to reformulate products.
What it actually does
This bill amends the Federal Food, Drug, and Cosmetic Act to classify food intended for human consumption as adulterated if it contains butylated hydroxyanisole (BHA), butylated hydroxytoluene (BHT), or tert-butylhydroquinone (TBHQ). It establishes a two-year grace period for compliance, mandates the Secretary of Health and Human Services to issue implementing regulations, and requires a report to Congress on implementation and any further recommendations.
Proponents argue
Supporters argue these preservatives have potential health risks, citing studies that suggest endocrine disruption, carcinogenicity, or other adverse effects. They contend that removing these substances will improve public health and encourage food manufacturers to use safer alternatives or natural preservatives, aligning with consumer demand for cleaner food labels.
Opponents contend
Opponents may argue that these preservatives are currently deemed safe by regulatory bodies at approved levels and are crucial for extending shelf life, preventing spoilage, and maintaining food quality, especially for affordable processed foods. They might also raise concerns about the significant economic burden on manufacturers for reformulation and potential increases in food waste or costs for consumers.
The bill is very short and uses clear language, making it highly accessible for a reader to understand its core provisions quickly.
Section 2(a)
Food Containing Certain Preservatives Adulterated
This section amends the Federal Food, Drug, and Cosmetic Act to classify any food intended for human consumption as 'adulterated' if it contains butylated hydroxyanisole (BHA), butylated hydroxytoluene (BHT), or tert-butylhydroquinone (TBHQ). This effectively prohibits the use of these three synthetic preservatives in the U.S. food supply for human consumption.
Supporters argue
Supporters argue that these preservatives have been linked to health concerns in various studies, including potential endocrine disruption, carcinogenicity, and other adverse effects, and their removal is a necessary step to protect public health and align with evolving scientific understanding.
Critics contend
Critics contend that these preservatives are currently approved by the FDA as safe for use at specified levels and are vital for preventing spoilage, maintaining food quality, and extending shelf life, especially for processed foods, and that a ban could lead to increased food waste or higher costs without clear public health gains.
Tradeoffs
The bill balances potential public health benefits from removing controversial additives against potential economic costs for food manufacturers, possible impacts on food affordability and shelf life, and the ongoing scientific debate over the safety of these substances at current approved levels.
Section 2(b) and 2(c)
Implementation Timeline and Regulatory Mandate
This provision establishes a two-year grace period from the date of enactment before the ban on the specified preservatives takes effect for food introduced or delivered for introduction into interstate commerce. It also mandates that the Secretary of Health and Human Services, acting through the Commissioner of Food and Drugs (FDA), issue regulations to implement this amendment within two years of enactment.
Section 2(d)
Congressional Report on Implementation and Recommendations
This section requires the Secretary of Health and Human Services to submit a report to the House Committee on Energy and Commerce and the Senate Committee on Health, Education, Labor, and Pensions within three years of the bill's enactment. The report must detail the implementation of the ban, including efforts by food manufacturers to reformulate food, and provide any recommendations for further legislative or regulatory action regarding these preservatives.