Food Chemical Reassessment Act of 2025
- Sponsor
- Rep. Schakowsky, Janice D. [D-IL-9]
- Committees
- Energy and Commerce Committee (primary)
- Last action
- Jul 10, 2025
Bottom line
This bill aims to enhance food safety by requiring regular, systematic re-evaluation of various food chemicals and additives by the FDA, with specific substances prioritized for initial review.
What it actually does
This bill amends the Federal Food, Drug, and Cosmetic Act to mandate that the FDA's Office of Food Chemical Safety, Dietary Supplements, and Innovation systematically reassess the safety of at least 10 food-related substances or classes every three years, beginning in 2026. It also requires the re-establishment of the Food Advisory Committee to guide this process.
Proponents argue
Proponents argue that current food chemical safety regulations are outdated and do not adequately account for new scientific understanding or cumulative exposure risks. They assert that regular reassessments are crucial to protect public health, especially for vulnerable populations, and to ensure that substances deemed safe decades ago still meet modern safety standards.
Opponents contend
Opponents might argue that the existing FDA approval process is robust and that mandating frequent reassessments could create unnecessary regulatory burdens, stifle innovation in the food industry, and lead to arbitrary removal of substances without clear scientific justification, potentially increasing food costs or limiting consumer choices.
The bill is short and relatively straightforward, allowing for a quick and comprehensive understanding of its core provisions.
Section 2, amending Section 409(l)(1) of the Federal Food, Drug, and Cosmetic Act
Mandated Systematic Reassessment of Food Chemicals
This provision requires the FDA's Office of Food Chemical Safety, Dietary Supplements, and Innovation to systematically and continuously reassess the safety of at least 10 substances or classes of substances every three years, starting in 2026. These substances include food additives, color additives, generally recognized as safe (GRAS) substances, prior-sanctioned substances, and food contact substances.
Supporters argue
Supporters argue this ensures the food supply remains safe by updating assessments based on new science, protecting public health from potentially harmful chemicals that may have been approved under older standards.
Critics contend
Critics may contend this imposes an undue burden on the food industry, requiring costly reformulations and potentially removing substances without sufficient evidence of harm, leading to higher consumer prices.
Tradeoffs
Balances public health protection through updated safety reviews against potential regulatory burdens and costs for the food industry.
Section 2, amending Section 409(l)(2) and (3) of the Federal Food, Drug, and Cosmetic Act
Public Notice and Regulatory Action for Unsafe Substances
This provision mandates that the FDA provide public notice of all reassessment determinations. If a reassessment demonstrates a substance is not safe, the FDA must take appropriate regulatory action, such as amending or repealing regulations for food or color additives, publicly declaring GRAS substances unsafe, revoking prior-sanctioned uses, or deeming pre-market notifications for food contact substances ineffective.
Section 2, amending Section 409(l)(4) of the Federal Food, Drug, and Cosmetic Act
Prioritization of Substances for Reassessment
The bill directs the Secretary of Health and Human Services (via the FDA) to prioritize substances or classes of substances for reassessment based on public health need. It also provides an initial list of 10 specific substances or classes that 'may' be selected as the first group for reassessment, including Tert-butylhydroquinone, Titanium dioxide, various food dyes, Perchlorate, Butylated hydroxyanisole (BHA), Butylated hydroxytoluene (BHT), Trichloroethylene, Methylene chloride, Benzene, Ethylene chloride, Propyl gallate, Sodium benzoate, and Sodium nitrite.
Section 2, amending Section 409(l)(6) of the Federal Food, Drug, and Cosmetic Act
Re-establishment of Food Advisory Committee
This provision requires the Secretary to re-establish the Food Advisory Committee within 180 days of the bill's enactment. This committee will advise the Secretary with respect to the standards for reassessments conducted under this section and the process and methods necessary for the Office of Food Chemical Safety, Dietary Supplements, and Innovation to complete its work.
This 'Rule of construction' clause clarifies that the new requirements for food safety reassessments do not alter the existing authority or duties of the Secretary (of HHS, via FDA) regarding the administration and enforcement of other provisions of Section 409 of the Federal Food, Drug, and Cosmetic Act.
Section 2, amending Section 409(l)(5) of the Federal Food, Drug, and Cosmetic Act
Why it matters:This is standard legislative practice to prevent unintended interpretations that might diminish existing regulatory powers. It is not evasive but ensures legal clarity and continuity of FDA's broader responsibilities.
Case for: Supporters would argue it's essential for legal clarity, ensuring that the new reassessment duties complement rather than supersede FDA's ongoing responsibilities and existing enforcement mechanisms under the Federal Food, Drug, and Cosmetic Act.
Case against: No specific case against this standard legal clarification, as it merely preserves existing authority and does not introduce new policy.
Estimated impact: Minimal direct impact on policy, but significant for maintaining the integrity and breadth of FDA's existing regulatory framework and preventing legal challenges based on conflicting authorities.