The ink was not even dry on the plans for a complete restructuring of the Food and Drug Administration (FDA), which I highlighted in my commentary last month, when several food industry trade groups and consumer non-governmental organizations took aim at condemning FDA Commissioner Robert Califf’s plans. At the same time the lambasting began, the FDA moved forward with its request for $7.2 billion for the agency as part of President’s Biden’s budget for fiscal year 2024. Here is what is happening on both fronts.
A recent article published by Food Safety News led with the headline “Neither Consumer Groups nor Industry Representatives Believe FDA Plan Will Work.” What is in the crosshairs? Califf had previously said that he would include the creation of a top-level deputy commissioner for food within FDA’s hierarchy echelon. But, according to the words of caution expressed by those groups questioning what they see as simply more bureaucracy, the Califf plan for reorganization will continue to have three separate divisions reporting directly to the FDA commissioner. Thus, according to Food Safety News, this “continues the silo and matrix situation that the industry and consumer groups say endangers the public in terms of food safety.” Those strongly opposing the FDA plan have reiterated the critical need for a single food safety leader to oversee all the food programs within FDA. Their continued rallying call is aimed at the White House and Congress to act to create a new, independent federal food safety agency. Period!
The FDA commissioner has said that the reorganization of the food side of the agency is still a work in progress and to expect more restructuring by the fall of 2023. Others think change will not occur with substance until 2024. Califf has said that his restructuring plans will have an “empowered” deputy commissioner for foods, but industry advocates continue to say they want someone in the position to take full and complete control of and responsibility for the food side of the agency. In the meantime, FDA has begun a national search for a new deputy commissioner for human foods. We will have to be patient to see how all this plays out. And as the can gets kicked down the road, FDA’s Susan Mayne, director of the Center for Food Safety and Applied Nutrition, has said she will retire at the end of next month, plus three of FDA’s former high-level food safety experts have come together with plans to send joint comments to a House oversight committee focusing on problems at FDA.
FDA Budget Request
Aside from the serious grumbling about the need for a new, powerful single federal agency to oversee food safety, the FDA trudges along and has just requested $7.2 billion for their operating budget from Congress for fiscal 2024. But according to the president’s budget proposals, only $128 million of the $7.2 billion is allocated for food safety programs. Maybe now you can understand why food advocates want a much larger share of the FDA budget to be allocated to food safety.
We at Policy Solutions think all of this “stirring of the pot” will bring on additional vocal outcries for the FDA to do much more to focus on the food side of their agency. With our decades of experience within the food industry, we agree that the FDA food side of the agency encompassing staffing, programs, budget, etc. needs more focus on food! Proponents inside government and outside consumer organizations continue to say it is time to separate food from within the FDA title! I had to chuckle as I read their rallying cry in one of their recent press releases that concluded with the words: “Get the F Out of the FDA.” That says it all!
USDA Budget
What else is in the upcoming fiscal budget request for our food industry? For one thing, USDA is requesting $32 billion for child nutrition programs. The department wants to continue to build upon the success of programs from the American Rescue Plan that were created during the early days of the pandemic. They are proposing funding of $122 billion for the Supplemental Nutrition Assistance Program (SNAP), $6.3 billion for the Women, Infants and Children (WIC) program, $100 million for the Emergency Food Assistance Program, and $165 million for the Food Distribution Program on Indian Reservations. USDA’s budget goal was summarized in a press release and in part, the agency said that its budget aim was “to reconsider strengthening cross enrollment capabilities across Federal assistance programs and eliminating barriers to food assistance for vulnerable groups.” We will have to see how that plays out as Congress reviews the USDA and FDA budget requests.
Tighter Work Requirements For SNAP Recipients
Congressman Dusty Johnson (R- SD) and 17 of his fellow Republicans have introduced a new bill to tighten work requirements for beneficiaries of SNAP. An additional 1.5 million able-bodied, non-senior Americans would no longer be exempt from SNAP work requirements under Congressman’s Johnson’s bill. As the farm bill gets rewritten, this bill will be one of many introduced to reduce costs of the SNAP and WIC programs. Johnson’s bill expands the age bracket of able-bodied adults without dependents and limits states’ ability to require time-limit waivers. Johnson, who grew up on SNAP, said, “Closing the loopholes in the work requirement will help the deficit, but my primary motivation is helping families out of poverty.”
According to Politico, on the other side of the aisle Democrats are still trying to formulate their strategy on SNAP. The White House got the ball rolling with its recent fiscal 2024 budget proposal when it urged Congress to reduce barriers to entry for SNAP, echoing the calls for action from the fall White House Conference on Food and Nutrition that I have referenced in past commentary. And House Democrats Barbara Lee (D-CA) and Alma Adams (D- NC) have jointly reintroduced a bill after Biden’s budget release recently to scrap the time limit requirements altogether. Their bill is labeled the Improving Access to Nutrition Act. We will have to see how these proposals play out.
The bottom line is that these bills, coupled with the re-write of the farm bill, will have to work in tandem to make it through Congress. By the way, the latest news about the farm bill is that a first draft may surface come September.
FDA New Labeling For Plant-Based Milk
The FDA has announced new draft recommendations for the food industry on the naming of plant-based beverages that are marketed and sold as alternatives to the real thing – milk. The draft guidance also recommends voluntary nutrient packaging statements for the labeling of some plant-based milk alternatives.
The draft guidance is identified as “Labeling of Plant-based Milk Alternatives and Voluntary Nutrient Statements: Guidance for Industry.” It recommends that a plant-based milk alternative product that includes the term “milk” in its name such as “soy milk” or “almond milk,” and that has a nutrient composition that is different than dairy milk, include a voluntary nutrient statement that conveys how the product compares with milk based on the USDA’s Food and Nutrition Service fluid milk substitutes nutrient criteria. For example, the label could state “Contains lower amounts of vitamin D and calcium than milk.”
The FDA is accepting public comments on the draft guidance. However, a manufacturer may choose to implement the recommendations before the guidance become final.
Product Of USA Label Claim
USDA has released a proposed rule with new regulatory requirements to better align the voluntary “Product of USA” label claim with consumer understanding of what the term means. The proposed rule allows the voluntary “Product of USA” or “Made in the USA” label claim to be used on meat, poultry and egg products only when they are derived from animals born, raised, slaughtered and processed in the U.S.
Under the proposed rule, the “Product of USA” label claim would continue to be voluntary. It would also remain eligible for generic label approval, meaning it would not need to be pre-approved by USDA’s Food Safety and Inspection Service before it could be used on regulated product. However, it would require supporting documentation to be on file for agency inspection personnel to verify.
FDA Launches New Directory Of Ingredients Used In Dietary Supplements
The FDA has unveiled its new Dietary Supplement Ingredient Directory, a webpage where the public can look up ingredients used in products marketed as dietary supplements and quickly find what the FDA has said about that ingredient and whether the agency has taken any action regarding the ingredient. The new directory is intended to be a one stop shop of ingredient information that was previously found on different FDA webpages and is intended to also help retailers and consumers stay informed about dietary supplement ingredients. The directory can be found at www.fda.gov/food/dietary-supplements/dietary-supplement-ingredient-directory.
Barry Scher is associated with the public policy firm of Policy Solutions LLC and can be reached at Bscher@policy-solutions.net
