S.376 - Expanded Food Safety Investigation Act of 2025 (119th Congress)
Summary
S.376, the Expanded Food Safety Investigation Act of 2025, aims to grant the Food and Drug Administration (FDA) the authority to conduct microbial sampling at concentrated animal feeding operations (CAFOs). This sampling would be triggered when necessary to investigate foodborne illness outbreaks, determine their root causes, or address other public health needs.
The bill ensures that the FDA coordinates with the Department of Agriculture and other relevant public health agencies regarding collected data. It also clarifies that the act does not impose additional requirements beyond microbial sampling on food regulated by the Secretary of Agriculture.
Reasonable access to CAFOs must be granted for sampling, although operations can set reasonable conditions that do not impede appropriate sampling.
Expected Effects
The primary effect of this bill would be to enhance the FDA's ability to investigate and respond to foodborne illness outbreaks linked to CAFOs. This could lead to quicker identification of contamination sources and more effective preventative measures.
It may also result in increased scrutiny and potential regulatory burdens on CAFOs. The bill aims to improve data sharing between federal agencies, potentially leading to more coordinated and effective responses to public health threats.
Potential Benefits
- Improved food safety through better outbreak investigation.
- Enhanced public health by addressing root causes of foodborne illnesses.
- Increased coordination between federal agencies in food safety efforts.
- Potential for earlier detection and prevention of widespread contamination.
- Greater transparency and accountability in CAFO operations regarding food safety.
Potential Disadvantages
- Potential for increased regulatory burden on CAFOs, leading to higher operational costs.
- Possible legal challenges from CAFOs regarding access and sampling procedures.
- Concerns about data privacy and proprietary information related to CAFO operations.
- Risk of overreach by the FDA, potentially disrupting agricultural practices.
- Potential for increased costs to consumers if CAFOs pass on compliance expenses.
Most Disadvantaged Areas:
Constitutional Alignment
The bill's focus on public health aligns with the Constitution's general welfare clause (Preamble). The power to regulate food safety falls under Congress's authority to regulate interstate commerce (Article I, Section 8, Clause 3).
The Fourth Amendment protects against unreasonable searches and seizures, which could be relevant to the access provisions of the bill. The bill attempts to balance public health needs with the rights of CAFO operators by allowing reasonable conditions on access.
The Tenth Amendment reserves powers not delegated to the federal government to the states, which could be invoked if the bill is seen as unduly infringing on state authority over agricultural practices.
Impact Assessment: Things You Care About ⓘ
This action has been evaluated across 19 key areas that matter to you. Scores range from 1 (highly disadvantageous) to 5 (highly beneficial).