September 25, 2021

Volume XI, Number 268

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New Food Chemical Legislation Introduced

  • On July 26, 2021, Congresswoman Jan Schakowsky (IL-09) announced the introduction of the Food Chemical Reassessment Act of 2021 (FCRA, H.R. 4694).  The FCRA, co-sponsored by Rosa DeLauro (CT-03) and Tony Cárdenas (D-CA29), would create a new Office of Food Safety Reassessment in the Center for Food Safety and Applied Nutrition (CFSAN) at the Food and Drug Administration (FDA) to study at least ten chemicals every three years and reevaluate their safety for use in food.  The new legislation would also reestablish the Food Advisory Committee, a panel of experts to advise FDA on emerging food and cosmetic safety, food science, nutrition, and other food-related health issues.

  • The FCRA, which is endorsed by several environmental and consumer groups, identifies the first set of 10 currently used substances that FDA would be required to reassess as follows:

    • Per- and polyfluoroalkyl substances

    • Ortho-phthalates

    • Tert-butylhydroquinone

    • Titanium dioxide

    • Potassium bromate

    • Perchlorate

    • Butylated hydroxyanisole (BHA)

    • Butylated hydroxytoluene (BHT)

    • Brominated vegetable oil (BVO)

    • Propyl paraben

  • According to Congresswoman Schakowsky, these chemicals were either never reviewed by FDA or were reviewed decades ago.  Schakowsky and Cárdenas are both members of the Energy and Commerce Committee, which will consider H.R. 4694 before it may possibly move forward.  Potential funding is not clear for the new Office of Food Safety Reassessment or the Food Advisory Committee, which was terminated by FDA on December 12, 2017 as a cost saving measure.

 

© 2021 Keller and Heckman LLPNational Law Review, Volume XI, Number 214
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About this Author

Keller and Heckman offers global food and drug services to its clients. Our comprehensive and extensive food and drug practice is one of the largest in the world. We promote, protect, and defend products made by the spectrum of industries regulated by the U.S. Food and Drug Administration (FDA), the European Commission and Member States authorities in the European Union (EU) and similar authorities throughout the world. The products we help get to market include foods, pharmaceuticals, medical devices, veterinary products, dietary supplements, and cosmetics. In addition...

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