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AHPA endorses the Food Safety Administration Act

July 19, 2022

The American Herbal Products Association (AHPA) has endorsed the Food Safety Administration Act of 2022 (S. 4520H.R. 8358) as introduced by Senator Dick Durbin (D-IL) and Representative Rosa DeLauro (D-CT) on July 13. This legislation would separate food from drugs, medical devices, and other products regulated by the Food and Drug Administration (FDA), rename FDA as the Federal Drug Administration, and establish the Food Safety Administration as a new federal agency responsible for ensuring the safety of food on the U.S. market.

In meetings and communications with Congressional staff over the last few weeks, AHPA was informed prior to the bills' introduction that the dietary supplement category of food would be regulated by the new Federal Drug Administration. AHPA expressed strong concerns about such an approach and is pleased that the legislation as introduced does not distinguish dietary supplements from other foods. AHPA's endorsement remains conditional upon the legislation's continuing to ensure that the new Food Safety Administration would regulate dietary supplements with other foods.

In introducing the Food Safety Administration Act, Senator Durbin and Representative DeLauro cited concerns about FDA's inattention to food safety – as evidenced by rates of foodborne illness and the recent infant formula shortage – and the lack of food policy experts at the current FDA as reasons for establishing a new agency dedicated to ensuring the safety of the American food supply.

“In discussing the legislation with our members, we heard strong support for reorganizing federal oversight to increase category-specific experience and expertise in the regulation of food, including dietary supplements – especially in the areas of facility compliance and development of guidances,” said AHPA President Michael McGuffin. “AHPA has long advocated for adequate federal resources to ensure that the American public has access to safe dietary supplements, and we are dedicated to continuing this work through our legislative engagement.”

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