Healthier America: Legislative Proposals on the Regulation and Oversight of Food

Health Care Costs and Drug PricingHouse Energy and Commerce Subcommittee on Health · April 29, 2026 · 119th Congress
The House Energy and Commerce Subcommittee on Health convened this legislative hearing to examine roughly 28 bills addressing FDA's oversight of the food supply, including reforms to the "generally recognized as safe" (GRAS) additive pathway, food date labeling, dairy and cheese labeling standards, infant formula safety, orange juice standards, caffeine disclosure, and federal-state information sharing during recalls. Begins at ▶ 0:10:04
Transcript
Highlights

Title

Legislative hearing on 28 bills reforming FDA food safety and labeling rules

Purpose

The House Energy and Commerce Subcommittee on Health convened this legislative hearing to examine roughly 28 bills addressing FDA's oversight of the food supply, including reforms to the "generally recognized as safe" (GRAS) additive pathway, food date labeling, dairy and cheese labeling standards, infant formula safety, orange juice standards, caffeine disclosure, and federal-state information sharing during recalls. Four witnesses — representing state food regulators, a grocery retailer, the dairy industry, and a consumer advocacy group — testified on how these proposals would affect food safety, affordability, and the balance between federal preemption and state regulatory authority. Begins at▶ 0:10:04

Who spoke

• Chairman Morgan Griffith (R-VA)▶ 0:10:04: Opened by highlighting the administration's chronic-disease efforts and outlined bills on GRAS reform, allergen labeling (Alpha-Gal), and food dye/labeling clarity▶ 0:11:29▶ 0:12:47; later pressed witnesses on balancing informative labels against costly warehousing/distribution burdens from a state patchwork▶ 0:48:55▶ 0:51:33.

• Rep. Diana DeGette (D-CO), Ranking Member▶ 0:14:37: Said Secretary Kennedy's claim of having "closed" the GRAS loophole is false▶ 0:18:23; cited FDA down 14% in staffing since 2024 and 3 million people losing SNAP benefits since the reconciliation bill▶ 0:17:55▶ 0:17:23.

• Rep. Brett Guthrie (R-KY), Full Committee Chairman▶ 0:19:50: Framed the hearing around MAHA priorities and infant formula supply security, while cautioning some bills could benefit trial lawyers more than children▶ 0:21:28.

• Rep. Frank Pallone (D-NJ), Full Committee Ranking Member▶ 0:21:58: Touted the 2010 Food Safety Modernization Act and the FDA's red dye No. 3 ban▶ 0:23:04; criticized firing of 89 Human Foods Program staff and Deputy Commissioner Jim Jones's resignation▶ 0:23:30; promoted his Grocery Reform and Safety Act, H.R. 4958▶ 0:24:57.

• Steven Mandernach, Association of Food and Drug Officials (AFDO)▶ 0:27:52: Said states conduct 100% of retail food inspections and nearly 90% of processing inspections▶ 0:28:41; described the ByHeart infant formula recall, where states waited roughly five days for FDA distribution lists, resulting in recalled formula found in 7% of stores checked▶ 0:30:00▶ 0:30:38; urged passage of H.R. 8430 to fix federal-state information sharing▶ 0:31:03.

• Joseph Colalillo, ShopRite of Hunterdon County / Wakefern Food Corp.▶ 0:33:13: Argued a single national labeling standard is needed, warning nine differing state formulations could require 8.5 million more square feet of warehouse space at a cost of $1.5 billion▶ 0:36:33; said state legislation could force discontinuation of thousands of private-label items▶ 0:52:29.

• Chad Hamilton, International Dairy Foods Association / Sargento Cheese▶ 0:38:30: Testified in support of H.R. 1394, the CURD Act, defining "natural cheese" by statute for the first time, noting USDA and EPA already use the term without a statutory definition▶ 0:40:34▶ 0:41:40.

• Scott Faber, Environmental Working Group▶ 0:43:24: Said nearly 99% of new food chemicals since 2000 have been safety-approved by chemical companies, not FDA▶ 0:44:23; identified more than 100 "secret GRAS" chemicals, about half showing up in thousands of foods▶ 1:27:16; supported states' bans on 11 chemicals and warned against bills letting industry bypass FDA review▶ 0:46:37.

• Rep. Kim Schrier (D-WA)▶ 1:45:10: Contrasted a bill requiring 24-hour pathogen reporting for infant formula with one allowing delayed self-reported disclosure▶ 1:46:20; promoted the bipartisan Food Date Labeling Act▶ 1:48:27.

• Rep. Troy Balderson (R-OH)▶ 1:50:15: Asked about the cost of GRAS ingredient reviews, cited as $2.5–5 million per item▶ 1:51:16; cited an analysis estimating a state labeling patchwork could raise grocery prices up to 12% nationwide▶ 1:52:14.

• Rep. Greg Landsman (D-OH)▶ 1:53:31: Raised concerns about FDA declining to require a mandatory recall from Raw Farm despite an E. coli outbreak, questioning Secretary Kennedy's relationship with the company▶ 1:54:50▶ 1:55:46.

• Rep. Buddy Carter (R-GA)▶ 1:58:21: Discussed balancing innovation with ingredient reassessment and asked about cumulative exposure review standards▶ 2:00:18.

• Rep. Nanette Barragán (D-CA)▶ 2:04:05: Asked about folic acid labeling for Hispanic maternal health and FDA's slow response to warning letters during the ByHeart recall▶ 2:04:33▶ 2:05:27.

• Rep. Mariannette Miller-Meeks (R-IA)▶ 2:09:31: Emphasized transparency, personal responsibility, and support for American agriculture; asked about the Fresh and Affordable Foods Act draft▶ 2:11:24.

• Rep. Marc Veasey (D-TX)▶ 2:13:45: Criticized RFK Jr. for blurring science and speculation; contrasted the U.S. risk-based GRAS self-affirmation system with Europe's precautionary approach▶ 2:16:21.

• Rep. Kat Cammack (R-FL)▶ 2:19:06: Promoted the Fresh and Affordable Foods Act discussion draft and the Defending Domestic Orange Juice Production Act, citing $1.5 billion in potential warehousing costs from a nine-state patchwork▶ 2:23:09.

• Rep. Lizzie Fletcher (D-TX)▶ 2:24:37: Said FDA has lost more than 4,000 employees in the past year; promoted the Toxic Free Beauty Act on cosmetics chemical bans▶ 2:29:29.

• Rep. Max Miller (R-OH), later corrected to Rep. Rowley▶ 2:30:27: Discussed H.R. 8430, the Federal and State Food Safety Information Sharing Act, citing a case where FDA sent a redacted complaint that said only "a grocery store" had a problem▶ 2:31:50.

• Rep. Buddy Carter (R-GA), second round▶ 2:33:17: Cited GAO findings on FDA inspector staffing shortfalls; promoted H.R. 3324, the Safer Shrimp Imports Act, noting imported shrimp makes up about 90% of U.S. consumption▶ 2:36:57.

• Rep. Victoria Spartz-style delegate reference / Rep. Hawkins (R-IN)▶ 2:38:32: Discussed Indiana's "Make Indiana Healthy Again" dye reforms and asked how Congress should balance state nimbleness with federal preemption▶ 2:39:53.

• Rep. Nick Langworthy (R-NY)▶ 2:44:03: Voiced support for the CURD Act and introduced H.R. 7366, the Dietary Supplement Regulatory Uniformity Act, citing New York's stricter supplement rules as a patchwork example▶ 2:45:41.

• Rep. Rob Menendez (D-NJ)▶ 2:48:37: Introduced the Sarah Katz Caffeine Safety Act, describing the death of 21-year-old Sarah Katz after consuming a high-caffeine drink marketed as "clean," and proposed mandatory caffeine disclosure over 150mg▶ 2:52:28.

• Rep. Julia Letlow (R-LA)▶ 1:09:15: Advocated for H.R. 2300 on preterm infant formula litigation protection, citing nearly 1,000 lawsuits threatening the only two manufacturers▶ 1:10:56.

• Rep. Erin Houchin-style — Rep. Diana Harshbarger (R-TN), Vice Chair▶ 1:09:15: (see above, same speaker as Letlow slot correction) — Discussed H.R. 2300 on preterm infant formula and cross-border commerce complications from her district bordering four states▶ 0:50:09.

• Rep. Brett Guthrie / Rep. Raul Ruiz (D-CA)▶ 1:14:28: Asked Faber how GRAS reform would affect naturally derived substances like citrus wax coatings, which haven't been reviewed by FDA since the 1980s▶ 1:17:49.

• Rep. Gus Bilirakis (R-FL)▶ 1:19:46: Promoted H.R. 933, the Defending Domestic Orange Juice Production Act, to update the Brix sugar-content standard to 10%▶ 1:21:01.

• Rep. Debbie Dingell (D-MI)▶ 1:24:57: Raised PFAS in food packaging and secret GRAS chemicals, asking Faber how many companies withdraw GRAS notices to avoid scrutiny▶ 1:26:23.

• Rep. John Joyce (R-PA)▶ 1:39:51: Advocated for the Dairy Pride Act requiring accurate labeling of milk, cheese, and yogurt terms for plant-based alternatives▶ 1:40:15.

• Rep. Robin Kelly (D-IL)▶ 1:34:50: Asked Mandernach about states' role in investigations like ByHeart and the lead-contaminated cinnamon applesauce case▶ 1:35:40.

• Rep. Russ Fulcher-style / Rep. Jay Obernolte (R-CA)▶ 1:30:02: Asked how to balance federal preemption with states' traditional consumer-protection role▶ 1:30:35.

Key moments

• Mandernach detailed the ByHeart infant formula recall: 48 confirmed/probable infant botulism cases across 17 states, with recalled product still found on shelves in 7% of stores checked in the first week, partly due to a five-day wait for FDA distribution data▶ 0:30:00▶ 0:30:38.

• Faber testified that nearly 99% of new food chemicals since 2000 have been safety-reviewed by the chemical companies themselves rather than the FDA, and identified over 100 "secret GRAS" chemicals in commerce▶ 0:44:23▶ 1:27:16.

• Colalillo estimated that a nine-state labeling patchwork would require 8.5 million more square feet of warehouse space at a cost of $1.5 billion for Wakefern alone▶ 0:36:33.

• DeGette directly disputed Secretary Kennedy's March 23 podcast claim that he had "closed" the GRAS loophole, calling it untrue▶ 0:18:23.

• Landsman raised the FDA's decision not to mandate a recall from Raw Farm despite E. coli outbreak findings, questioning Secretary Kennedy's public relationship with the company's CEO; Mandernach called the FDA's inaction "unusual" and Faber called it "very troubling"▶ 1:54:50▶ 1:56:45▶ 1:57:16.

• Faber said states have banned only 11 of roughly 4,000 allowable food chemicals, and that companies reformulate nationwide rather than maintain state-specific versions, without raising prices▶ 1:28:45▶ 1:29:08.

• Pallone said the Trump administration fired 89 Human Foods Program staff, prompting Deputy Commissioner Jim Jones's resignation, who called the cuts "indiscriminate" and "shortsighted"▶ 0:23:30.

• Fletcher stated FDA has lost more than 4,000 employees in the past year between layoffs and resignations▶ 2:25:33.

• Menendez recounted the death of Sarah Katz, 21, from cardiac arrest after drinking a highly caffeinated beverage marketed as "plant-based and clean," motivating his Sarah Katz Caffeine Safety Act▶ 2:49:08▶ 2:49:38.

• Balderson cited an economic analysis estimating a state ingredient-labeling patchwork could raise grocery prices up to 12% nationwide▶ 1:52:14.

Metadata

CommitteeHouse Energy and Commerce Subcommittee on Health
Chamber / CongressHouse · 119th Congress
DateApril 29, 2026
TypeHearing
Witnesses
Mr. Steven Mandernach — Executive Director, Association of Food and Drug Officials
Mr. Joseph Colalillo — President, ShopRite of Hunterdon County, Inc.
Mr. Chad Hamilton, JD, MBA — Board Member, Cheese Board, International Dairy Foods Association
Mr. Scott Faber, JD — Executive Director of Government Affairs, Environmental Working Group
Mr. Scott Faber, JD — Senior Vice President, Government Affairs, Environmental Working Group
Videoyoutube
Transcript377 caption blocks · 27,467 words · 2:54:08 runtime
EventCongress.gov 119246