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As students across the country head back to class, U.S. Rep. Frank Pallone (D-NJ) has introduced legislation that could reshape how food safety is regulated - and keep potentially harmful chemicals out of children's lunches. His proposed bill, the Grocery Reform and Safety Act (GRAS Act), would overhaul a decades-old policy that allows food companies to self-certify ingredients as “generally recognized as safe,” or GRAS.

How the GRAS System Works

Under current U.S. law, food manufacturers can determine whether a new ingredient is safe for consumption, without requiring a review by the U.S. Food and Drug Administration (FDA). This practice stems from a provision in the 1958 Food Additives Amendment to the Federal Food, Drug, and Cosmetic Act. The rule was originally intended for everyday ingredients like salt or vinegar, but over the years, the GRAS process has expanded far beyond that original scope.

Today, it's used to introduce thousands of substances into the food supply - many of which, according to Pallone, have never undergone formal federal safety evaluations.

“Unfortunately, a law that's more than fifty years old is being used as a loophole by companies to avoid scrutiny of the chemicals they're putting in our food,” Pallone said in a statement. “That's not how food safety should work, especially when it comes to products our kids eat every day.”

Health Concerns and Calls for Reform

Critics of the current law echo Pallone's concerns, arguing that the current GRAS system allows food manufacturers to introduce new chemicals without adequate safety oversight, enabling the use of additives linked to hormone disruption, developmental problems, and even cancer. Investigations by the Los Angeles Times further revealed that companies can secretly add ingredients to processed foods - including those served in school cafeterias - without disclosing them or proving their long-term safety.

Adding to these concerns, a comprehensive review by the Pew Charitable Trusts found that nearly all new food chemicals introduced between 2003 and 2013 were self-certified as GRAS by manufacturers, bypassing formal FDA review entirely.

While all consumers are impacted, public health experts warn that this lack of independent oversight is particularly concerning for children, who are more vulnerable to chemical exposure due to their developing bodies and reliance on school-provided meals.

What Does GRAS Act Propose?

Pallone, who is the ranking member of the House Energy and Commerce Committee, seeks to close what he calls a “dangerous” GRAS loophole by increasing transparency and restoring FDA oversight of food additives. The bill would require manufacturers to notify the FDA before introducing new substances into the food supply and prohibit companies from self-certifying additives as “generally recognized as safe” without independent scientific review and FDA approval. Additionally, it proposes a call for the reassessment of previously approved GRAS substances commonly found in foods marketed to children and mandates the involvement of public health experts, pediatricians, and toxicologists in safety evaluations.

“Parents deserve to know the food they're buying for their families is safe,” Pallone said.

Reactions to Bill

The bill has received strong support from public health advocates and environmental groups, including the Environmental Working Group (EWG). The EWG, which recently published a report highlighting regulatory gaps in food chemical safety, has long called for greater transparency in the U.S. food system.

Scott Faber, EWG's senior vice president for government affairs, praised the bill, saying, “[This] new legislation to ensure the safety of food chemicals builds on [Pallone's] remarkable consumer protection record. No one should have to worry about toxic chemicals in the food we serve to our families.”

Terry Wells, associate director of regulatory research at 3E, pointed out that GRAS exemptions were a major topic at this year's 3E Engage Philadelphia conference, describing the bill as “big” and a development worth watching closely.

While the food industry has offered limited public comment, the Center for Food Safety told 3E it supports reforming the GRAS system and aligns with the bill's overall goals, though it is still reviewing the proposed legislation.

Not all responses have been favorable, however. The Alliance for Natural Health USA (ANH-USA) warned that the proposed reforms could strain FDA resources, slow innovation in ingredient development, and disproportionately impact small and mid-sized natural food and supplement companies. Additionally, some in industry have pushed back against labeling the GRAS system a “loophole,” noting that although FDA review is voluntary, the process does involve independent expert evaluation.

Next Steps for FDA

As the FDA moves toward overhauling the GRAS process, industry stakeholders should prepare for a potential rulemaking effort that could fundamentally reshape how food additives are regulated. If the agency follows through on March 2025 directives from the U.S. Department of Health and Human Services (HHS), proposed changes will likely include a public comment period and could ultimately eliminate the ability of companies to self-affirm ingredients without FDA review.

If implemented, these reforms would represent a major shift in food safety policy, closing a regulatory gap that has persisted for decades.

“The Grocery Reform and Safety Act will close that loophole and require manufacturers to ensure the ingredients they put in our food are safe for families and Americans across the country,” Pallone said.

Reporter

Cameron Goodnight

Cameron Goodnight is a Federal Regulatory Reporter for 3E based in the Washington, D.C. area. He covers the latest developments and updates in environmental, health, and safety (EHS) that impact the U.S. national level.
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