S3122119th CongressWALLET

Better FDA Act of 2025

Sponsored By: Senator Marshall, Roger [R-KS]

Introduced

Summary

Would shift the default safety rule for food ingredients by making most GRAS (generally recognized as safe) uses unsafe unless they are publicly listed or under active FDA review. The bill creates a new two-tiered framework that forces companies to notify FDA and pushes ongoing federal oversight and postmarket reevaluation of GRAS substances.

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Bill Overview

Analyzed Economic Effects

1 provisions identified: 0 benefits, 0 costs, 1 mixed.

New public list for food substances

If enacted, the FDA would create and publish a public list of substances "generally recognized as safe" (GRAS). The FDA would have 2 years to write rules for that list. Substances already in interstate commerce must have a notice filed within 2 years. New uses must have a notice filed at least 120 days before first use. The FDA would have 180 days to add a use to the list or issue a preliminary exclusion; missing this deadline would treat the use as added. Two years after enactment, a GRAS use would be treated as unsafe unless it is on the list or under active review. The bill would expand the GRAS definition, tie listing status to the law's adulteration rule, and let FDA recheck listed substances with public notice, career-staff review, and clear deadlines for users if a substance is preliminarily excluded or removed.

Sponsors & CoSponsors

Sponsor

Marshall, Roger [R-KS]

KS • R

Cosponsors

  • Katie Britt

    AL • R

    Sponsored 11/6/2025

  • Sen. Scott, Rick [R-FL]

    FL • R

    Sponsored 11/6/2025

Roll Call Votes

No roll call votes available for this bill.

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