HR4306-119

What This Bill Does

The Food Chemical Reassessment Act adds a food-safety reassessment program to section 409 of the Federal Food, Drug, and Cosmetic Act. Beginning in 2026 and at least every three years, FDA's Office of Food Chemical Safety, Dietary Supplements, and Innovation must systematically and continuously reassess at least 10 substances or classes drawn from food additives, color additives, GRAS substances, prior-sanctioned substances, and food contact substances. FDA must publicly notice determinations. If reassessment shows a food additive or color additive is unsafe, FDA must amend or repeal the relevant regulation; if a GRAS substance is reviewed, FDA must publish whether it is safe and any safe conditions of use or whether it is unsafe; if a prior-sanctioned use may be injurious, FDA must revoke it; and if a food contact substance is unsafe, FDA must determine the premarket notification is no longer effective. The Secretary must prioritize substances by public health need and may select tert-butylhydroquinone, titanium dioxide, synthetic dyes, perchlorate, BHA, BHT, trichloroethylene, methylene chloride, benzene, ethylene chloride, propyl gallate, sodium benzoate, and sodium nitrite among the first 10 reassessments. FDA must reestablish the Food Advisory Committee within 180 days to advise on reassessment standards and office methods.

Who Benefits and How

Food consumers benefit because FDA must periodically reassess chemicals already allowed in food and food packaging. Parents concerned about synthetic dyes benefit because red dye 40, yellow dyes, blue dyes, and green dye 03 may be in the first reassessment group. Food safety researchers benefit from public FDA determinations on additives, GRAS substances, and food contact substances. Food Advisory Committee members benefit from a restored role advising on reassessment standards and office methods.

Who Bears the Burden and How

The FDA Office of Food Chemical Safety must reassess at least 10 substances or classes every three years beginning in 2026. Food manufacturers may lose regulatory approvals or safe-use conditions if chemicals are found unsafe. Color additive manufacturers face amendment or repeal of color additive regulations if reassessments show safety problems. Food contact substance suppliers may lose effective premarket notifications for unsafe uses.

Key Provisions

• Requires FDA to reassess at least 10 food chemical substances or classes every three years beginning in 2026.
• Requires public notice and regulatory action when reassessments find additives, color additives, GRAS substances, prior-sanctioned uses, or food contact substances unsafe.
• Directs FDA to prioritize reassessments by public health need and identifies potential first substances including titanium dioxide, synthetic dyes, perchlorate, BHA, BHT, and sodium nitrite.
• Requires the Secretary to reestablish the Food Advisory Committee within 180 days.