Federal and State Food Safety Information Sharing Act of 2026
- Sponsor
- Rep. Ross, Deborah K. [D-NC-2]
- Committees
- Energy and Commerce Committee (primary)
- Last action
- Apr 22, 2026
Bottom line
This bill aims to enhance public health protection by improving the speed and scope of food safety information sharing between federal and sub-federal agencies and by providing more stable, longer-term funding for state-level food safety programs.
What it actually does
This bill amends the Federal Food, Drug, and Cosmetic Act to explicitly authorize the Secretary of Health and Human Services (acting through the FDA) to share unredacted food safety information with State, local, Tribal, and Territorial authorities, overriding existing confidentiality provisions. It also extends the maximum duration for certain food safety grants from 3 years to 5 years, contingent on successful program evaluations.
Proponents argue
Supporters argue that enhanced information sharing is crucial for enabling state and local authorities to respond more rapidly and effectively to foodborne illness outbreaks and recalls, thereby better safeguarding public health. Extending grant durations will allow sub-federal entities to develop more impactful and sustainable food safety initiatives, fostering long-term capacity building.
Opponents contend
Critics might express concerns that overriding existing confidentiality protections, even with limitations, could lead to the inadvertent disclosure of proprietary business information or sensitive data, potentially harming regulated entities. There could also be arguments about the administrative burden on the FDA to manage these new disclosure requirements.
The bill is very concise and clearly written, making it highly accessible for a reader to understand its provisions quickly.
Section 2(a), amending Section 708 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 379) by adding subsection (d).
Authorization for Food Safety Information Sharing with Sub-Federal Authorities
This provision explicitly authorizes the Secretary of Health and Human Services to share unredacted food safety information with State, local, Tribal, and Territorial authorities that perform counterpart public health protection functions. This new authority overrides existing laws, such as Section 301(j), that typically restrict such disclosures. The types of information that can be shared include foodborne illness surveillance data, laboratory testing results, inspectional information, recall distribution lists, consumer complaints, and any other information the Secretary deems helpful for public protection.
Supporters argue
Supporters argue that this provision closes a critical information gap, allowing state and local partners to act swiftly and effectively during food safety emergencies, which is essential for protecting public health. They contend that current restrictions hinder coordinated responses and delay crucial actions.
Critics contend
Some might argue that overriding existing confidentiality protections could inadvertently lead to the disclosure of proprietary business information or sensitive data, potentially harming regulated entities or individuals, despite the stated limitations on further disclosure.
Tradeoffs
The provision balances the urgent need for rapid, comprehensive information sharing to protect public health against concerns about data confidentiality and the potential for misuse or unauthorized disclosure by recipient authorities.
Section 2(a), adding Section 708(d)(3) to the Federal Food, Drug, and Cosmetic Act.
Limitation on Further Disclosure by Recipient Authorities
This part of the bill establishes rules for how sub-federal authorities must handle the information received from the FDA. It prohibits State, local, Tribal, or Territorial authorities from further disclosing the shared information without explicit permission from the Food and Drug Administration. However, it includes a critical exception: further disclosure is permitted if the recipient authority determines it is necessary to contain a foodborne illness outbreak, carry out a recall, or conduct other State enforcement activities.
Section 3, amending Section 1009 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 399).
Extension of Food Safety Grant Durations
This section modifies existing law to extend the maximum duration for certain food safety grants awarded under Section 1009 of the Federal Food, Drug, and Cosmetic Act from 3 years to 5 years. It also clarifies that funding for subsequent years of a multi-year grant will be contingent on a successful program evaluation conducted by the Secretary after the first year of the grant. These changes will apply to all grants awarded on or after the bill's enactment date.