Congressional lawmakers recently faced a decision on whether to address the increasing number of state bans on additives and dyes in the food industry. Sen. Roger Marshall introduced The Better Food Disclosure Act, which aimed to target provisions allowing the industry to self-affirm the safety of new ingredients under the Generally Recognized as Safe (GRAS) designation. However, the bill faced criticism and pushback, leading to the removal of a section that would have preempted states from enforcing their own ingredient regulations.
The rise of state laws banning certain additives and ingredients has created a complex landscape for the food industry to navigate. Some states have outright banned foods with specific ingredients, while others have opted for warning labels. In response to these state efforts, the food industry has mobilized through groups like Americans for Ingredient Transparency, advocating for unified federal regulation.
Sen. Marshall emphasized the need for stronger national food safety standards, citing the inadequacy of current federal oversight. His bill proposes changes to the GRAS approval process, requiring companies to submit notices of new chemical uses to the FDA. Despite this adjustment, the bill still allows companies to receive automatic approval for new ingredients if the FDA does not respond within 180 days, maintaining a loophole that has been criticized in the past.
Critics, such as the Center for Science in the Public Interest, have raised concerns about the bill’s impact on chemical safety. They argue that the bill makes it harder for the FDA to remove unsafe chemicals by imposing additional regulatory hurdles. According to CSPI Director of Regulatory Affairs Sarah Sorscher, the bill creates a cumbersome process for banning chemicals, ultimately hindering effective action by the FDA.
The debate over ingredient regulation and safety continues to be a contentious issue in the food industry. While efforts are being made to establish consistent standards at the federal level, challenges remain in balancing innovation and consumer protection. As lawmakers grapple with these complex issues, the future of ingredient regulation in the food industry remains uncertain.
