Section 1 Table of contents
The table of contents for this Act is as follows:
To provide the Food and Drug Administration needed authorities to carry out its regulatory mission with respect to human foods, to provide additional resources and authorities with respect to human foods research, and for other purposes.
A BILL
Sec. 2 Sense of Congress on funding food sector innovation projects
Sense of Congress— It is the sense of Congress that an account, to be known as the “Human Foods Innovation Account”, should be established for purposes of the Food and Drug Administration carrying out the activities described in subsection (b).
FDA activities— The activities described in this subsection are—
the critical research grants under section 4;
the establishment and maintenance of the center of excellence described in section 5;
the public-private partnership under section 8;
the development of modernized standards for human foods, including foods for infants and young children;
the development of modernized standards for enhanced human food safety and supply chain continuity;
advances in human foods nutrition innovation;
the development of strengthened dietary supplement authorities;
research relating to human foods biotechnology;
the development of modernized regulatory tools for chemicals in human foods;
modernizing risk assessment and enhanced risk-informed decision making with respect to human foods;
enhanced technical capacity using hiring authority provided by the Food and Drug Omnibus Reform Act of 2022 (title III of division FF of Public Law 117–328); and
such projects enabling innovation and technological advancements in the human foods sector and a fuller understanding of nutrition, as the Commissioner determines appropriate.
Sec. 3 Advisory Committee on Human Foods
In general— The Secretary of Health and Human Services (in this section referred to as the “Secretary”) shall establish and maintain a permanent advisory committee to be known as the “Advisory Committee on Human Foods” (referred to in this section as the “Committee”).
Duties of committee— The Committee shall advise the Commissioner on issues related to food science, nutrition, and food safety.
Members— The Secretary shall ensure that the Committee is composed of experts on nutrition, experts on food safety, and representatives of consumer, producer, and health professional organizations.
Sec. 4 Critical research grant program
Critical research grants— The Secretary of Health and Human Services (in this section referred to as the “Secretary”), acting through the Commissioner of Food and Drugs and the Director of the National Institutes of Health, shall award grants, on a competitive basis, to eligible entities to promote research in critical areas, including—
food biotechnology;
nutrition initiatives to promote greater access to healthier foods and information about foods;
infant and maternal nutrition;
health impacts of ultra-processed foods;
safety and reliability of specialty foods such as infant formula;
health impacts of dietary supplements; and
public understanding of the risks and benefits of ultra-processed foods, dietary supplements, and other nutrition sources.
Collaboration— In awarding grants under subsection (a), the Secretary shall prioritize projects that foster collaboration among a broad range of partners.
Applications— To be eligible to receive a grant under this section, an entity shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may determine appropriate.
Eligible entity defined— In this section, the term eligible entity means a public or private nonprofit organization with recognized capacity and expertise in one or more of the areas described in subsection (a).
Sec. 5 HFP and CDER center of excellence
In general— The Commissioner of Food and Drugs, acting through the Deputy Commissioner of Human Foods and the Director of the Center for Drug Evaluation and Research, shall establish and maintain a center of excellence to improve nutrition science and how nutrition relates to medicine.
Activities of center of excellence— The center of excellence established under subsection (a) shall—
coordinate the programs and activities of the Food and Drug Administration relating to areas of convergence between the Human Foods Program and the programs and activities of the Center for Drug Evaluation and Research, including related to—
the rise of medical drug use in weight loss;
medications to mitigate the effects of allergic reactions from exposure to certain foods;
the role of nutrition in maintaining overall health along or in conjunction with pharmaceutical interventions, physical activity, and other activities; and
programs that support healthy eating through the medical system, such as produce prescription programs; and
act as a platform for agency-wide collaboration and communication to drive research and innovation in the food-as-medicine field.
Sec. 6 Paperwork Reduction Act exemption for FDA research
Chapter X of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 391 et seq.) is amended by adding at the end the following:
“1015. Paperwork Reduction Act exemption
“Subchapter I of chapter 35 of title 44, United States Code, (commonly referred to as the “Paperwork Reduction Act”) shall not apply to the voluntary collection of information during the conduct of research by the Food and Drug Administration.”
Sec. 7 Recordkeeping requirements for processed food recipes
Section 414(a) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 350c(a)) is amended—
by redesignating paragraph (3) as paragraph (5);
by inserting after paragraph (2) the following:
“(3) Processed food recipes—With respect to an article of food that is a processed food, each person (excluding farms and restaurants) who manufactures, processes, packs, distributes, receives, holds, or imports such article shall, at the request of an officer or employee duly designated by the Secretary, permit such officer or employee, upon presentation of appropriate credentials and a written notice to such person, at reasonable times and within reasonable limits and in a reasonable manner, to have access to and copy all records relating to the recipe and contents of such article, including—
“(A) the labeled and nonlabeled ingredients;
“(B) the amounts of each ingredient; and
“(C) listings of all relevant authorizations by product.
“(4) Nonlabeled ingredients
“(A) In general—With respect to an article of food that is a processed food that includes contents which are not declared on the label, the manufacturer (excluding farms and restaurants) of such article shall submit to the Commissioner the contents, including flavors, colors, spices, and incidental additives, of such article.
“(B) Disclosure—The Commissioner shall publish on a website a list of articles described in subparagraph (A) and their contents.”
in paragraph (5), as so redesignated, by striking “The requirement under paragraphs (1) and (2) applies” and inserting “The requirements under paragraphs (1) through (3) apply”.
Sec. 8 Public-private partnership for information sharing and chemical limits in foods
In general— The Commissioner of Food and Drugs (in this section referred to as the “Commissioner”) shall enter into a partnership with 1 or more appropriate nongovernmental entities—
to facilitate information sharing across industry, academia, and consumer groups about the composition, use, and long-term impacts of food packaging materials; and
to recommend to the Commissioner appropriate limits for chemicals in food and food-contact substances.
Reports to Congress— Not later than 18 months after the date on which the Commissioner enters into the partnership described in subsection (a), and annually thereafter, the Commissioner shall submit to Congress a report describing the work completed by the partnership and any ongoing work of the partnership.