Support the FRESH and Affordable Foods Act of 2026

AFFI urges members of Congress to co-sponsor and support passage of the FDA Review and Evaluation for Safe, Healthy (FRESH) and Affordable Foods Act. By modernizing FDA’s ingredient oversight infrastructure and establishing national uniformity, Congress can protect consumers from unnecessary price increases, restore confidence in the safety of the food supply, and deliver a stable, science-based regulatory environment for the U.S. food industry.

Background

A growing number of states are introducing or passing legislation that bans specific food ingredients and/or establishes new ingredient disclosure requirements. These state-by-state policies are creating a patchwork of inconsistent laws that make it increasingly difficult for food manufacturers and retailers to maintain a stable national food supply, force manufacturers to produce multiple product versions or redesign supply chains, and ultimately drive-up grocery costs for consumers. A recent economic analysis found that this fragmented regulatory environment could lead to a 12% increase in grocery costs for the average American household nationwide.

The FRESH and Affordable Foods Act directly addresses this challenge with seven key provisions:

  • Affirms FDA as the sole national authority for ingredient regulation;
  • Converts voluntary GRAS to mandatory registration with time-bound, predictable review pathways and a public registry;
  • Establishes a systematic, risk-based post-market reassessment program of additives already approved by FDA;
  • Funds GRAS and post-market review through biennial facility registration fees capped at $50 million, with five-year reauthorization modeled on the Prescription Drug User Fee Act (PDUFA);
  • Establishes national enforceable limits for lead, cadmium, and arsenic in infant and toddler foods with mandatory testing and recordkeeping;
  • Authorizes confidential information sharing with state, local, and tribal officials to accelerate food safety recall investigations; and
  • Expands accredited third-party certification to domestic facilities for more efficient, risk-based inspections.

The Solution

Congress should pass the FRESH and Affordable Foods Act of 2026. This legislation establishes a single, science-based national framework for ingredient safety and transparency. This bill would:

  • Affirm FDA as the national authority for uniform food ingredient regulation, preventing a costly patchwork of conflicting state laws,
  • Modernize the Generally Recognized as Safe (GRAS) framework with mandatory registration, time-bound review, a public registry with IP protections, and recognition of Established Scientific Panels to reduce FDA burden, and
  • Improve consumer transparency and confidence while maintaining a stable and science-based regulatory environment for food manufacturers.
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