Federal Food Administration Act of 2025

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6567 Introduced in House (IH)]

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119th CONGRESS
  1st Session
                                H. R. 6567

 To establish the Federal Food Administration within the Department of 
                       Health and Human Services.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                           December 10, 2025

 Ms. DeLauro (for herself, Ms. Jacobs, and Mr. Bishop) introduced the 
   following bill; which was referred to the Committee on Energy and 
                                Commerce

_______________________________________________________________________

                                 A BILL

 
 To establish the Federal Food Administration within the Department of 
                       Health and Human Services.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Federal Food Administration Act of 
2025''.

SEC. 2. ESTABLISHMENT OF FEDERAL FOOD ADMINISTRATION.

    (a) Establishment.--As soon as practicable, but not later than 1 
year after the date of enactment of this Act, the Secretary of Health 
and Human Services shall establish within the Department of Health and 
Human Services an agency to be known as the ``Federal Food 
Administration''.
    (b) Mission.--The Federal Food Administration shall--
            (1) promote the public health by promptly and efficiently 
        reviewing food and nutrition research and taking appropriate 
        action on the marketing of regulated products in a timely 
        manner;
            (2) with respect to such products, protect the public 
        health by ensuring that foods are safe, wholesome, sanitary, 
        and properly labeled;
            (3) participate through appropriate processes with 
        representatives of other countries to protect public health and 
        promote fair trade practices in food; and
            (4) as determined to be appropriate by the Secretary, carry 
        out paragraphs (1) through (3) in consultation with experts in 
        science, medicine, and public health, and in cooperation with 
        consumers, users, manufacturers, importers, packers, 
        distributors, and retailers of regulated products.
    (c) Interagency Collaboration.--The Secretary shall implement 
programs and policies that will foster collaboration between the 
Federal Food Administration, the Department of Agriculture, the Centers 
for Disease Control and Prevention, the National Institutes of Health, 
and other science-based Federal agencies, to enhance the scientific and 
technical expertise available to the Secretary in the conduct of the 
duties of the Secretary with respect to the development, investigation, 
evaluation, and postmarket monitoring of food.
    (d) Commissioner of Foods.--
            (1) In general.--The Federal Food Administration shall be 
        headed by the Commissioner of Foods, who shall be appointed by 
        the President, by and with the advice and consent of the 
        Senate.
            (2) General powers.--The Secretary, acting through the 
        Commissioner of Foods, shall be responsible for--
                    (A) providing overall direction to the Federal Food 
                Administration and establishing and implementing 
                general policies respecting the management and 
                operation of programs and activities of the Federal 
                Food Administration;
                    (B) coordinating and overseeing the operation of 
                all administrative entities within the Federal Food 
                Administration;
                    (C) research relating to foods in carrying out the 
                Federal Food, Drug, and Cosmetic Act (21 U.S.C. 301 et 
                seq.);
                    (D) conducting educational and public information 
                programs relating to the responsibilities of the 
                Federal Food Administration; and
                    (E) performing such other functions as the 
                Secretary may prescribe.
    (e) Technical and Scientific Review Groups.--The Secretary, acting 
through the Commissioner of Foods, may, without regard to the 
provisions of title 5, United States Code, governing appointments in 
the competitive service and without regard to the provisions of chapter 
51 and subchapter III of chapter 53 of such title relating to 
classification and General Schedule pay rates, establish such technical 
and scientific review groups as are needed to carry out the functions 
of the Federal Food Administration, including functions under the 
Federal Food, Drug, and Cosmetic Act (21 U.S.C. 301 et seq.) relating 
to food, and appoint and pay the members of such groups, except that 
officers and employees of the United States shall not receive 
additional compensation for service as members of such groups.

SEC. 3. INSPECTION OF FOOD FACILITIES.

    (a) Establishment of Inspection Program.--
            (1) In general.--The Commissioner of Foods shall establish 
        an inspection program, which shall include inspections of food 
        facilities in accordance with subsection (b), subject to the 
        facility category determined in accordance with the guidance 
        issued under paragraph (2).
            (2) Facility categories.--As soon as practicable, but not 
        later than 1 year after the date of enactment of this Act, the 
        Commissioner of Foods shall issue formal guidance defining the 
        criteria by which food facilities will be divided into ``high-
        risk'', ``intermediate risk'', and ``low-risk'' facilities.
    (b) Inspections of Food Facilities.--
            (1) Frequency of inspections.--
                    (A) High-risk facilities.--The Commissioner of 
                Foods shall inspect high-risk facilities not less 
                frequently than annually.
                    (B) Intermediate-risk facilities.--The Commissioner 
                of Foods shall inspect intermediate-risk facilities not 
                less frequently than once every 2 years.
                    (C) Low-risk facilities.--The Commissioner of Foods 
                shall inspect low-risk facilities, which shall include 
                warehouses or similar facilities that engage in 
                packaging or distribution, and pose very minimal public 
                health risk, not less frequently than once every 3 
                years.
            (2) Infant formula manufacturing facilities.--The 
        Commissioner of Foods shall inspect the facilities of each 
        manufacturer of infant formula not less frequently than every 6 
        months.
    (c) Federal and State Cooperation.--The Commissioner of Foods shall 
contract with State officials to carry out not less than half of the 
inspections required under this section.
    (d) Compliance Checks.--Not later than 30 days after issuing to a 
facility a form that is equivalent to FDA Form 483, pursuant to an 
inspection conducted under section 704 of Federal Food, Drug, and 
Cosmetic Act (21 U.S.C. 374), the Commissioner of Foods shall conduct a 
follow-up compliance check of the facility.

SEC. 4. TRANSFER OF AUTHORITY, FUNCTIONS AND AGENCIES.

    (a) Transfer of Authority.--The Federal Food Administration shall 
assume responsibility for carrying out the Federal Food, Drug, and 
Cosmetic Act (21 U.S.C. 301 et seq.), as related to food, and shall 
assume and maintain all regulatory, administrative, and enforcement 
authorities with respect to food held by the Food and Drug 
Administration on the date of enactment of this Act.
    (b) Transfer of Functions.--For each Federal agency, office, and 
center specified in subsection (c), there are transferred to the 
Federal Food Administration all functions that the head of the Federal 
agency exercised on the day before the date of enactment of this Act 
(including all related functions of any officer or employee of the 
Federal agency) that relate to the regulation of food or the 
administration or enforcement of food law, as determined by the 
President.
    (c) Transferred Agencies.--The Federal agencies referred to in 
subsection (b) are--
            (1) the resources and facilities of the Human Foods Program 
        of the Food and Drug Administration for purposes of 
        administering the Federal Food, Drug, and Cosmetic Act (21 
        U.S.C. 301 et seq.) with respect to food;
            (2) the resources and facilities of the Office of 
        Inspections and Investigations of the Food and Drug 
        Administration for purposes of administering the Federal Food, 
        Drug, and Cosmetic Act (21 U.S.C. 301 et seq.) with respect to 
        food;
            (3) the resources and facilities of the Center for 
        Veterinary Medicine of the Food and Drug Administration for 
        purposes of administering the Federal Food, Drug, and Cosmetic 
        Act (21 U.S.C. 301 et seq.) with respect to food; and
            (4) such other offices, services, or agencies as the 
        President designates by executive order to carry out this Act.
    (d) Conforming Amendment.--Subchapter A of chapter VII of the 
Federal Food, Drug, and Cosmetic Act (21 U.S.C. 371 et seq.) is amended 
by adding at the end the following:

``SEC. 716. REGULATION OF FOOD.

    ``Notwithstanding any other provision of this Act, beginning as 
soon as practicable but not later than the date that is 1 year after 
the date of enactment of the Federal Food Administration Act of 2025--
            ``(1) any authority under this Act that relates to food 
        shall be under the authority of the Federal Food 
        Administration, and shall be carried out by the Commissioner of 
        Foods described in section 2(d) of the Federal Food 
        Administration Act of 2025; and
            ``(2) any reference in this Act to authorities related to 
        food held by the Commissioner of Food and Drugs, including any 
        reference in this Act to such authorities held by the 
        Secretary, acting through the Commissioner of Food and Drugs, 
        shall be deemed to be a reference to authorities held by the 
        Commissioner of Foods, or by the Secretary, acting through the 
        Commissioner of Foods, as appropriate.''.

SEC. 5. FUNDING.

    (a) Transfer of Funds.--The appropriations, allocations, and other 
funds that relate to the authorities, functions and agencies 
transferred under section 4 shall be transferred to the Federal Food 
Administration.
    (b) Authorization of Appropriations.--There are authorized to be 
appropriated to carry out this section, such sums as may be necessary 
for fiscal year 2026 and each fiscal year thereafter.

SEC. 6. DEFINITIONS.

    In this Act:
            (1) Commissioner of foods.--The term ``Commissioner of 
        Foods'' means the Commissioner described in section 2(d).
            (2) Facility.--The term ``facility'' means any factory, 
        warehouse, or establishment that is subject to the requirements 
        of section 415 or 419 of the Federal Food, Drug, and Cosmetic 
        Act (21 U.S.C. 350d; 350h).
            (3) Secretary.--The term ``Secretary'' means the Secretary 
        of Health and Human Services.
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