The potential impact on FDA of several executive orders issued within weeks of President Donald Trump taking office has raised concerns.

• A January 20, 2017 memorandum from White House Chief of Staff Reince Priebus to the heads of executive departments and agencies titled, “Regulatory Freeze Pending Review,” states that new regulations must be reviewed by someone appointed or designated by the President and that regulations that have been published in the Federal Register but that have not taken effect  must be postponed 60 days from the date of the Freeze Memo, unless subject to statutory or judicial deadlines. The memorandum also directed Agency heads to immediately withdraw from the Office of the Federal Register (OFR) any regulations that have been submitted to OFR but not yet published in the Federal Register. On January 24, the White House issued a memorandum on implementation of the regulatory freeze.

• On January 23, 2017, President Trump issued a memorandum ordering a freeze on the hiring of federal civilian employees. OMB and OPM issued a guidance document on January 31, 2017 that clarified some of the details of the federal hiring freeze.

• On January 30, 2017, the White House issued an Executive Order on reducing regulation and controlling regulatory costs, which directed federal agencies to eliminate two regulations for every new one they propose. The order imposed a zero cost of all new regulations for fiscal year 2017. On February 2, the White House issued an Interim Guidance on implementing the Executive Order on reducing regulation and controlling regulatory costs.

The Alliance for a Stronger FDA responded to these executive orders by pointing out that less money, fewer people, and fewer regulatory communications (in an agency that promotes and protects the public health through regulation and guidance) feels threatening to FDA’s mission. “In light of this, the Alliance and its members are going to need to step up and engage in an unprecedented education campaign on how the FDA works, and why strengthening the agency is actually going to achieve the President’s objectives of a more prosperous and safer America,” stated the Alliance in a February 3 release. Concerning the federal hiring freeze, the Alliance was encouraged by the guidance issued on January 31, since it mentioned that safe food and drugs were within exempt categories. However, in a statement titled, “Advocacy at a Glance,” the Alliance pointed out that it is still unclear whether FDA can interpret the exemption broadly or narrowly.

With respect to the executive order on controlling regulatory costs, the Consumer Federation of America issued a press release, titled, “Executive Order Fails to Consider Benefits of Food Safety Regulation.” The press release stated, in part, “This order is likely to compromise Americans’ food safety and increase the risk of widespread outbreaks of foodborne illness by hampering the work of the Food Safety and Inspection Service at USDA and the Food and Drug Administration.”

The Center for Science in the Public Interest (CSPI) also reacted on the executive order on controlling regulatory costs, saying that it threatens public health. (Click here to see CSPI’s statement on the order.)

The full impact of these orders on FDA and USDA is not yet known so stay tuned for more information concerning the regulation of foods under the new administration.