II 

118TH CONGRESS 

2D SESSION S. 4745 

To establish the Federal Food Administration to protect the public health 

by ensuring the safety of food, preventing foodborne illness, maintaining 

safety reviews and reassessments of food additives, reducing the prevalence of diet-related chronic diseases, enforcing pesticide residue tolerances, improving the surveillance of foodborne pathogens, and for other 

purposes. 

IN THE SENATE OF THE UNITED STATES 

JULY 23, 2024 

Mr. DURBIN (for himself and Mr. BLUMENTHAL) introduced the following bill; 

which was read twice and referred to the Committee on Health, Education, Labor, and Pensions 

A BILL 

To establish the Federal Food Administration to protect 

the public health by ensuring the safety of food, preventing foodborne illness, maintaining safety reviews and 

reassessments of food additives, reducing the prevalence 

of diet-related chronic diseases, enforcing pesticide residue tolerances, improving the surveillance of foodborne 

pathogens, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 


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1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘Federal Food Adminis3 tration Act of 2024’’. 

4 SEC. 2. DEFINITIONS. 

5 In this Act: 

6 (1) ADMINISTRATION.—The term ‘‘Administra7 tion’’, except as otherwise provided, means the Fed8 eral Food Administration established under section 

9 101(a)(1). 

10 (2) COMMISSIONER.—The term ‘‘Commis11 sioner’’, except as otherwise provided, means the 

12 Commissioner of Foods appointed under section 

13 101(a)(2). 

14 (3) FACILITY.—The term ‘‘facility’’ means any 

15 factory, warehouse, or establishment that is subject 

16 to the requirements of section 415 or 419 of the 

17 Federal Food, Drug, and Cosmetic Act (21 U.S.C. 

18 350d; 350h). 

19 SEC. 3. EFFECTIVE DATE. 

20 This Act, including the amendments made by this 

21 Act, shall take effect 180 days after the date of enactment 

22 of this Act. 

23 SEC. 4. FUNDING. 

24 (a) TRANSFER OF FUNDS.—The appropriations, allo25 cations, and other funds that relate to the authorities, 


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1 functions and agencies transferred under section 102 shall 

2 be transferred to the Administration. 

3 (b) AUTHORIZATION OF APPROPRIATIONS.—There 

4 are authorized to be appropriated to carry out this section, 

5 such sums as may be necessary for fiscal year 2025 and 

6 each fiscal year thereafter. 

7 TITLE I—ESTABLISHMENT OF 

8 FEDERAL FOOD ADMINISTRA9 TION 

10 SEC. 101. ESTABLISHMENT OF FEDERAL FOOD ADMINIS11 TRATION. 

12 (a) ESTABLISHMENT.— 

13 (1) IN GENERAL.—There is established within 

14 the Department of Health and Human Services an 

15 agency to be known as the ‘‘Federal Food Adminis16 tration’’. 

17 (2) HEAD OF ADMINISTRATION.—The Adminis18 tration shall be headed by the Commissioner of 

19 Foods, who shall have food safety expertise, and be 

20 appointed by the President, by and with the advice 

21 and consent of the Senate. 

22 (3) EFFECT.—The Federal Food and Drug Ad23 ministration shall be renamed the ‘‘Federal Drug 

24 Administration’’ and retain responsibility for car25 rying out its responsibilities related to drugs, cosVerDate Sep 11 2014 19:45 Aug 20, 2024 Jkt 049200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S4745.IS S4745

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1 metics, devices, biological products, color additives, 

2 and tobacco. The Commissioner of Food and Drugs 

3 shall be renamed the ‘‘Commissioner of Drugs’’, and 

4 shall retain the responsibilities of the Commissioner 

5 of Food and Drugs, as of the day before the date 

6 of enactment of this Act, except such responsibilities 

7 that relate to food, which shall be assumed by the 

8 Commissioner of Food. Each reference in law, regu9 lation, document, paper, or other record of the 

10 United States to the ‘‘Food and Drug Administra11 tion’’ shall be deemed a reference to the ‘‘Federal 

12 Drug Administration’’, and each reference in law, 

13 regulation, document, paper, or other record of the 

14 United States to the ‘‘Commissioner of Food and 

15 Drugs’’ shall be deemed a reference to the ‘‘Commis16 sioner of Drugs’’. 

17 (b) DUTIES OF THE COMMISSIONER.—The Commis18 sioner shall— 

19 (1) administer and enforce all authorities under 

20 chapter IV of the Federal Food, Drug, and Cosmetic 

21 Act (21 U.S.C. 341 et seq.); 

22 (2) serve as a representative to international 

23 food safety bodies and discussions; 

24 (3) promulgate and enforce regulations to en25 sure the security of the food supply from all forms 


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1 of contamination, including intentional contamina2 tion; and 

3 (4) oversee— 

4 (A) implementation of Federal food efforts; 

5 (B) inspection, labeling, enforcement, and 

6 research efforts to protect the public health; 

7 (C) development of consistent and science8 based standards for safe food; 

9 (D) safety reviews and reassessments of 

10 food additives; 

11 (E) establishment and enforcement of tol12 erances for poisonous or deleterious substances; 

13 (F) monitoring and enforcement of pes14 ticide residue tolerances in or on foods; 

15 (G) coordination and prioritization of food 

16 research and education programs with other 

17 Federal agencies; 

18 (H) prioritization of Federal food efforts 

19 and deployment of Federal food resources to 

20 achieve the greatest benefit in reducing 

21 foodborne illness and diet-related chronic dis22 eases; 

23 (I) coordination of the Federal response to 

24 foodborne illness outbreaks with other Federal 

25 and State agencies; 


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1 (J) integration of Federal food activities 

2 with State and local agencies; and 

3 (K) assignment of tolerances for animal 

4 drugs used in food-producing animals. 

5 SEC. 102. TRANSFER OF AUTHORITY, FUNCTIONS AND 

6 AGENCIES. 

7 (a) TRANSFER OF AUTHORITY.—The Administration 

8 shall assume responsibility for carrying out chapter IV of 

9 the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 341 

10 et seq.) and maintain all enforcement authorities with re11 spect to food held by the Food and Drug Administration 

12 on the date of enactment of this Act. 

13 (b) TRANSFER OF FUNCTIONS.—For each Federal 

14 agency, office, and center specified in subsection (c), there 

15 are transferred to the Administration all functions that 

16 the head of the Federal agency exercised on the day before 

17 the date of enactment of this Act (including all related 

18 functions of any officer or employee of the Federal agency) 

19 that relate to administration or enforcement of the food 

20 law, as determined by the President. 

21 (c) TRANSFERRED AGENCIES.—The Federal agencies 

22 referred to in subsection (b) are— 

23 (1) the resources and facilities of the Center for 

24 Food Safety and Applied Nutrition of the Food and 

25 Drug Administration that administer chapter IV of 


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1 the Federal Food, Drug, and Cosmetics Act (21 

2 U.S.C. 341 et seq.); 

3 (2) the resources and facilities of the Office of 

4 Regulatory Affairs of the Food and Drug Adminis5 tration that administer and conduct inspections of 

6 food and feed facilities and imports; 

7 (3) the resources and facilities of the Center for 

8 Veterinary Medicine of the Food and Drug Adminis9 tration that administer chapter IV of the Federal 

10 Food, Drug, and Cosmetics Act (21 U.S.C. 341 et 

11 seq.); 

12 (4) the Office of Food Policy and Response of 

13 the Food and Drug Administration; and 

14 (5) such other offices, services, or agencies as 

15 the President designates by Executive order to carry 

16 out this Act. 

17 (d) CONFORMING AMENDMENT.—Subchapter A of 

18 chapter VII of the Federal Food, Drug, and Cosmetic Act 

19 (21 U.S.C. 371 et seq.) is amended by adding at the end 

20 the following: 

21 ‘‘SEC. 716. REGULATION OF FOOD. 

22 ‘‘Notwithstanding any other provision of this Act, be23 ginning on the date that is 180 days after the date of 

24 enactment of the Federal Food Administration Act of 

25 2024, any authority under this Act that relates to food 


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1 shall be under the authority of the Federal Food Adminis2 tration, and shall be carried out by the Commissioner of 

3 Food. Any reference in this Act to authorities related to 

4 food held by the Secretary shall be deemed to be a ref5 erence to authorities held by the Commissioner of Food.’’. 

6 SEC. 103. ADDITIONAL DUTIES OF THE ADMINISTRATION. 

7 (a) OFFICERS AND EMPLOYEES.—The Commissioner 

8 may— 

9 (1) appoint officers and employees for the Ad10 ministration in accordance with the provisions of 

11 title 5, United States Code, relating to appointment 

12 in the competitive service; and 

13 (2) fix the compensation of those officers and 

14 employees in accordance with chapter 51 and with 

15 subchapter III of chapter 53 of that title, relating to 

16 classification and General Schedule pay rates. 

17 (b) EXPERTS AND CONSULTANTS.—The Administra18 tion may— 

19 (1) procure the services of temporary or inter20 mittent experts and consultants as authorized by 

21 section 3109 of title 5, United States Code; and 

22 (2) pay in connection with those services the 

23 travel expenses of the experts and consultants, in24 cluding transportation and per diem in lieu of sub25 sistence while away from the homes or regular 


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1 places of business of the individuals, as authorized 

2 by section 5703 of that title. 

3 (c) BUREAUS, OFFICES, AND DIVISIONS.—The Com4 missioner may establish within the Administration such 

5 bureaus, offices, and divisions as the Commissioner deter6 mines are necessary to perform the duties of the Commis7 sioner. 

8 (d) ADVISORY COMMITTEES.— 

9 (1) IN GENERAL.—The Commissioner shall es10 tablish advisory committees that consist of rep11 resentative of scientific expert bodies, academics, in12 dustry specialists, and consumers. 

13 (2) DUTIES.—The duties of an advisory com14 mittee established under paragraph (1) may include 

15 developing recommendations with respect to the de16 velopment of regulatory science and processes, re17 search, communications, performance standards, and 

18 inspection. 

19 TITLE II—ADMINISTRATION OF 

20 FOODS PROGRAM 

21 SEC. 201. ESTABLISHMENT OF INSPECTION PROGRAM. 

22 (a) IN GENERAL.—The Commissioner shall establish 

23 an inspection program, which shall include inspections of 

24 food facilities subject to subsection (b) and in accordance 

25 with section 202. 


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1 (b) FACILITY CATEGORIES.—Not later than 6 

2 months after the date of enactment of this Act, the Com3 missioner shall issue formal guidance defining the criteria 

4 by which food facilities will be divided into ‘‘high-risk,’’ 

5 ‘‘intermediate risk,’’ and ‘‘low-risk’’ facilities. 

6 (c) INSPECTION FREQUENCIES.—Frequency of in7 spections of food facilities under this Act shall be based 

8 on the categories defined pursuant to subjection (b) and 

9 in accordance with section 202. 

10 SEC. 202. INSPECTIONS OF FOOD FACILITIES. 

11 (a) FREQUENCY OF INSPECTIONS.— 

12 (1) HIGH-RISK FACILITIES.—The Commissioner 

13 shall inspect high-risk facilities not less than once 

14 per a year. 

15 (2) ‘‘INTERMEDIATE-RISK FACILITIES .—The 

16 Commissioner shall inspect intermediate-risk facili17 ties not less than once every 2 years. 

18 (3) ‘‘LOW-RISK FACILITIES.—The Commissioner 

19 shall inspect low risk facilities, which shall include 

20 warehouses or similar facilities that engage in pack21 aging or distribution, and pose very minimal public 

22 health risk, not less than once every 3 years. 

23 (b) INFANT FORMULA MANUFACTURING FACILI24 TIES.—The Commissioner shall inspect the facilities of 


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1 each manufacturer of infant formula not less than every 

2 6 months. 

3 (c) FEDERAL AND STATE COOPERATION.—The Com4 missioner shall contract with State officials to carry out 

5 half of the safety inspections required under this section. 

6 SEC. 203. COMPLIANCE CHECKS. 

7 Not later than 30 days after issuing a form that is 

8 equivalent to an FDA Form 483 to a facility, pursuant 

9 to an inspection under section 704 of Federal Food, Drug, 

10 and Cosmetic Act (21 U.S.C. 374), the Commissioner 

11 shall conduct a follow-up compliance check with the facil12 ity. 

Æ 


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