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 group to make sure the food we eat is safe, so people don’t get sick. It wants to take food out of its current group and give it its own special team to watch over everything, like checking the food and making sure it doesn't have bad stuff in it.
Summary AI
S. 4745 proposes the creation of the Federal Food Administration within the U.S. Department of Health and Human Services to ensure food safety and public health. The bill aims to prevent foodborne illnesses, conduct safety reviews of food additives, enforce pesticide residue limits, and maintain regular inspections of food facilities, with facilities being categorized by risk level. It intends to separate food regulation from drugs by renaming the existing Food and Drug Administration to the Federal Drug Administration, placing food responsibilities under the new agency. The bill emphasizes cooperation with state officials for inspections and requires timely follow-up compliance checks after facility inspections.
Published
Keywords AI
Sources
Bill Statistics
Size
Language
Complexity
AnalysisAI
General Summary of the Bill
The proposed legislation, titled the "Federal Food Administration Act of 2024," aims to establish a new federal agency within the Department of Health and Human Services called the Federal Food Administration. This new agency's primary responsibilities will include ensuring food safety, preventing foodborne illnesses, reassessing food additive safety, and enforcing pesticide residue tolerances. In addition to these duties, the agency will focus on reducing diet-related chronic diseases and improving the surveillance of foodborne pathogens. One notable change brought about by this act is the renaming of the Federal Food and Drug Administration (FDA) to the Federal Drug Administration, which will continue to oversee drug and cosmetic regulations, among others. Food-related responsibilities will be transferred to the new Federal Food Administration.
Summary of Significant Issues
The bill raises several issues related to its implementation and implications:
Organizational Confusion: The renaming of the FDA and the creation of the Federal Food Administration might lead to significant confusion across legal, regulatory, and public platforms. Accurate updates to all related documents are necessary to prevent legal ambiguities.
Transfer of Responsibilities: The transition of responsibilities to the newly created Commissioner of Foods and the separation from the Commissioner of Drugs could result in overlapping jurisdictions or gaps in oversight. Clear role definitions and a smooth transition plan are critical to ensure no disruptions in enforcement.
Funding Challenges: The bill authorizes funding with vague stipulations, using the phrase "such sums as may be necessary." Without specific oversight measures, this could lead to unchecked spending and potentially inefficient use of public resources.
Implementation Timeline: The timeline of 180 days for transitioning authority from the current system to the new structure might not be enough to address the necessary operational changes, risking potential disruptions in food regulation activities.
Stakeholder Interaction: There is a lack of clarity on how the new agency will interact with state and local agencies, potentially leading to jurisdictional conflicts or duplication of efforts.
Impact on the Public and Stakeholders
Public Impact: The restructuring proposed in the bill could have broad implications for public health by potentially improving food safety and reducing the prevalence of foodborne illnesses. However, effective implementation is critical to avoid any temporary disruptions or enforcement lapses that could undermine these goals.
Government and Regulatory Bodies: For federal and state agencies, the bill signifies a shift in operational dynamics and responsibilities, necessitating effective communication and coordination to ensure continuance in regulatory effectiveness. Misalignment could result in inefficiencies or confusion during the transition phase.
Food Industry Stakeholders: The food industry might experience increased scrutiny and regulatory changes, given the emphasis on reevaluating food additives and enforcing pesticide tolerances. While these measures could enhance food safety and public trust, they might also impose additional compliance costs on producers and distributors.
Consumers and Health Advocates: Consumers can potentially benefit from stricter food safety regulations and outcomes focused on reducing diet-related diseases. Health advocates might view the bill as a positive step toward improved public health outcomes, provided it is effectively implemented without regulatory gaps.
Overall, the Federal Food Administration Act of 2024 proposes substantial changes to food regulation in the United States that could significantly impact various stakeholders. Ensuring a well-coordinated and transparent transition, clear definitions of roles and responsibilities, and careful oversight of appropriations will be crucial for the successful implementation of the bill's objectives.
Issues
The renaming of the 'Federal Food and Drug Administration' to the 'Federal Drug Administration' and the establishment of a separate 'Federal Food Administration' could lead to mass confusion. All references in legal documents must be accurately updated to prevent legal ambiguities. (Section 101)
The definition and transfer of responsibility to the newly created 'Commissioner of Foods' might result in overlapping jurisdictions or gaps in oversight during the transition period, leading to inefficiencies or lapses in enforcement. It is crucial to establish clear roles and a smooth transition plan. (Sections 101 and 102)
The authorization of funds with vague language 'such sums as may be necessary' could result in unchecked spending, and there are no specified oversight or accountability measures on how these funds are appropriated. This could lead to inefficiencies or misuse of public funds. (Section 4)
The timeline of 180 days for the transition of authority may not provide sufficient time for necessary operational changes, including staffing, training, and logistical adjustments, potentially disrupting regulatory activities related to food. (Sections 3 and 716)
The new Federal Food Administration's interaction with state and local agencies in integrating food activities is not clearly defined. This might lead to jurisdictional conflicts or duplication of efforts, impacting the overall effectiveness of food safety measures. (Sections 101 and 202)
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 Commissioner is required to inspect high-risk, intermediate-risk, and low-risk food facilities with varying frequencies: high-risk facilities at least once a year, intermediate-risk facilities at least every two years, and low-risk facilities at least every three years. Additionally, infant formula manufacturing facilities must be inspected at least every six months, and half of all required inspections will be conducted through contracts with State officials.
203. Compliance checks Read Opens in new tab
Summary AI
The Commissioner is required to conduct a follow-up compliance check with a facility within 30 days after issuing a form similar to an FDA Form 483, following an inspection under section 704 of the Federal Food, Drug, and Cosmetic Act.