Overview

Title

To establish the Federal Food Administration to protect the public health by ensuring the safety of food, preventing foodborne illness, maintaining safety reviews and reassessments of food additives, reducing the prevalence of diet-related chronic diseases, enforcing pesticide residue tolerances, improving the surveillance of foodborne pathogens, and for other purposes.

ELI5 AI

The bill wants to create a new team called the Federal Food Administration to make sure all the food we eat is safe and doesn't make us sick. This team would take over the job of checking our food from another group that used to handle both food and medicine.

Summary AI

H.R. 9099 proposes the creation of a new agency called the Federal Food Administration within the Department of Health and Human Services. This agency would focus on ensuring food safety, preventing foodborne illnesses, and managing food-related regulations and inspections. It intends to separate food responsibilities from the existing Food and Drug Administration, which will then become the Federal Drug Administration. The bill outlines the establishment of new inspection programs for various types of food facilities and mandates regular inspections based on the risk level of each facility.

Published

2024-07-23
Congress: 118
Session: 2
Chamber: HOUSE
Status: Introduced in House
Date: 2024-07-23
Package ID: BILLS-118hr9099ih

Bill Statistics

Size

Sections:
11
Words:
2,129
Pages:
11
Sentences:
51

Language

Nouns: 720
Verbs: 138
Adjectives: 77
Adverbs: 11
Numbers: 87
Entities: 124

Complexity

Average Token Length:
4.49
Average Sentence Length:
41.75
Token Entropy:
5.10
Readability (ARI):
24.05

AnalysisAI

General Summary of the Bill

The proposed legislation, titled the “Federal Food Administration Act of 2024,” aims to establish the Federal Food Administration within the Department of Health and Human Services. The bill seeks to separate the responsibilities related to food safety from the current Food and Drug Administration (FDA), leading to the formation of an independent agency focused solely on matters related to food. The new Federal Food Administration would take over the duties of ensuring food safety, preventing foodborne illnesses, conducting safety reviews of food additives, and monitoring pesticide residue tolerances. Additionally, the bill outlines a framework for inspecting food facilities with a focus on reducing diet-related chronic diseases and improving the surveillance of foodborne pathogens.

Summary of Significant Issues

One of the major concerns with the bill is the potential confusion arising from renaming the FDA to the Federal Drug Administration and transferring its food-related responsibilities to the new Federal Food Administration. This change requires substantial effort to update all legal references across various documents and platforms, increasing the chances of errors and discrepancies.

The bill includes vague language around funding, specifically stating that "such sums as may be necessary" are to be appropriated. This lack of specificity could result in unchecked and possibly wasteful spending of taxpayer money. Additionally, the absence of detailed plans for the transfer of authority and functions to the new organization presents risks of inefficiencies and enforcement gaps during the transition.

There are also concerns regarding the ambiguity in defining inspection criteria and risk categories for food facilities. This lack of clarity might lead to inconsistent application of inspection practices and potential bias.

Reasoning About Broad Public Impact

The establishment of a dedicated agency for food safety could positively impact public health by providing focused oversight and regulation of the food industry. It may lead to improved food safety standards, potentially reducing incidences of foodborne illness and diet-related chronic conditions. However, creating a new bureaucracy could result in initial confusion and potential lapses during the transitional phase, affecting the effectiveness of food safety enforcement.

For consumers, the enhanced focus on food safety could mean better protection against food-related health issues, though there may also be a period of adjustment as the new agency establishes its procedures and protocols. There could be public concern over potential inefficiencies or duplications in regulatory functions during the transition.

Impact on Specific Stakeholders

For industry stakeholders, particularly those involved in food manufacturing and distribution, the shift of regulatory powers to a new organization may necessitate changes to ensure compliance with potentially different or more stringent standards. This could involve additional costs for meeting new compliance requirements or adapting to changes in inspection processes.

Government agencies and employees could be affected by the restructuring, particularly those within the FDA whose responsibilities are shifted to the new agency. There may be impacts on roles, workflows, and organizational dynamics as functions are transferred.

Politically, the bill's ambiguous language regarding funding, oversight, and the transition process could lead to debates about resource allocation and the potential for government inefficiency. Policymakers and legislators will need to address these ambiguities to prevent misuse of power and ensure effective allocation of resources and responsibilities.

Overall, while the bill sets out to enhance food safety and public health protections, it poses logistical, financial, and administrative challenges that need careful consideration and planning to mitigate potential negative impacts and realize its intended benefits.

Issues

  • The renaming of the 'Federal Food and Drug Administration' to the 'Federal Drug Administration' (Section 101) could lead to significant confusion and misalignment in legal references. Ensuring all references in legal documents are updated requires substantial effort and coordination across various agencies and entities.

  • The language used in Section 4 for funding includes the phrase 'such sums as may be necessary,' which is vague. Without specific limits or guidelines, this could lead to unchecked and potentially wasteful spending of taxpayer funds.

  • The transfer of authority and functions to the new Federal Food Administration (Section 102) lacks detailed planning, which could result in confusion, gaps in enforcement, and jurisdictional overlaps, potentially leading to inefficiencies or lapses in food safety oversight.

  • The bill proposes changes without specified processes or criteria for important elements, such as inspection frequencies and definitions of 'high-risk,' 'intermediate risk,' and 'low-risk' food facilities (Sections 201 and 202). This ambiguity could lead to inconsistent application and potential biases in inspection practices.

  • Section 101 describes broad and extensive duties for the Commissioner of Foods, yet this expansiveness could lead to diffusion of accountability or operational overload, risking inefficiencies and decreased effectiveness in ensuring food safety.

  • There is no mention of oversight or accountability measures for the Administration or the Commissioner in Sections 101 and 102, which could raise concerns about unchecked authority and potential for misuse of power.

  • Significant transition of responsibilities from the Commissioner of Food and Drugs to the new structure (Sections 101 and 102) involves potential risks of overlapping jurisdictions or gaps, raising concerns about continuity and consistency in food safety regulations.

  • The use of discretionary power by the President to designate additional offices, services, or agencies for transfer without explicit criteria (Section 102) could lead to potential favoritism or imbalance in the authorities and responsibilities transferred.

  • Vague language in Section 103 relating to officer compensation, hiring of experts or consultants, and the establishment of advisory committees could lead to unnecessarily high spending or inflated salaries without clear guidelines.

  • The timeline provided in Section 716 for a 180-day transition of authority could be insufficient for implementing necessary operational changes, causing potential disruptions in regulatory oversight and enforcement of food safety standards.

Sections

Sections are presented as they are annotated in the original legislative text. Any missing headers, numbers, or non-consecutive order is due to the original text.

1. Short title Read Opens in new tab

Summary AI

This section states that the short title of the act is the “Federal Food Administration Act of 2024.”

2. Definitions Read Opens in new tab

Summary AI

In this section, several important terms are defined: "Administration" refers to the Federal Food Administration created by section 101(a)(1), "Commissioner" denotes the Commissioner of Foods appointed by section 101(a)(2), and "facility" describes any factory, warehouse, or establishment that must comply with specific sections of the Federal Food, Drug, and Cosmetic Act.

3. Effective date Read Opens in new tab

Summary AI

The law and any changes it makes will start to be enforced 180 days after it is officially passed.

4. Funding Read Opens in new tab

Summary AI

The section explains that funds related to certain authorities, functions, and agencies will be moved to a specific administration, and it allows for necessary spending to be approved each year starting from 2025.

101. Establishment of Federal Food Administration Read Opens in new tab

Summary AI

The bill establishes the "Federal Food Administration" within the Department of Health and Human Services, with a Commissioner of Foods leading food safety efforts. It also changes the name of the "Food and Drug Administration" to the "Federal Drug Administration," shifting food-related responsibilities to focus on securing the food supply, promoting food safety, and coordinating efforts to handle foodborne illnesses.

102. Transfer of authority, functions and agencies Read Opens in new tab

Summary AI

The section discusses the transfer of authority and functions related to food regulation from several agencies within the Food and Drug Administration to a new Federal Food Administration. This includes all responsibilities for enforcing food laws, and 180 days after the enactment of a new act, the Commissioner of Food will manage these duties.

716. Regulation of food Read Opens in new tab

Summary AI

The section states that 180 days after the Federal Food Administration Act of 2024 is enacted, all authority related to food will be transferred to the Federal Food Administration. The responsibilities and powers previously held by the Secretary will now be managed by the Commissioner of Food.

103. Additional duties of the administration Read Opens in new tab

Summary AI

The section outlines the responsibilities of the Administration's Commissioner, including appointing staff, hiring experts and consultants, creating necessary offices, and forming advisory committees to guide on regulatory and research matters.

201. Establishment of inspection program Read Opens in new tab

Summary AI

The section establishes a program for inspecting food facilities, which are to be categorized into high-risk, intermediate-risk, and low-risk groups based on criteria set by the Commissioner. The frequency of inspections will depend on these risk categories and will comply with relevant regulations.

202. Inspections of food facilities Read Opens in new tab

Summary AI

The section outlines the inspection frequency for food facilities based on risk levels, including annual inspections for high-risk facilities, inspections every two years for intermediate-risk facilities, and inspections every three years for low-risk facilities. It also mandates inspections of infant formula manufacturers every six months and requires cooperation with state officials to conduct half of these inspections.

203. Compliance checks Read Opens in new tab

Summary AI

The section requires that, within 30 days after giving a facility a form similar to an FDA Form 483 (used to document problems found during an inspection), the Commissioner must perform a follow-up to ensure the facility is complying with the regulations.