October 26, 2026
Ms. Mace introduced the following bill; which was referred to the Committee on Energy and Commerce
To amend the Federal Food, Drug, and Cosmetic Act to make adulterated food containing certain preservatives, and for other purposes.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
Section 1. Short title
This Act may be cited as the Eliminating Dangerous Preservatives Act
.
Sec. 2. Food containing certain preservatives adulterated
(a) In general
Section 402 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 342) is amended by adding at the end the following:
(j)
If it is a food intended for human consumption and it contains any amount of butylated hydroxyanisole, butylated hydroxytoluene, or tert-butylhydroquinone.
(b) Applicability
The amendment made by subsection (a) shall apply with respect to food introduced or delivered for introduction into interstate commerce on or after the date that is 2 years after the date of the enactment of this Act.
(c) Regulations
Not later than 2 years after the date of the enactment of this Act, the Secretary of Health and Human Services, acting through the Commissioner of Food and Drugs (in this section referred to as the Secretary
), shall issue regulations to implement the amendment made by subsection (a).
(d) Report to Congress
Not later than 3 years after the date of the enactment of this Act, the Secretary shall submit to the Committee on Energy and Commerce of the House of Representatives and the Committee on Health, Education, Labor, and Pensions of the Senate a report—
(1)
on the implementation of the amendment made by subsection (a), including any efforts by food manufacturers to reformulate food to contain substances other than the substances specified in section 402(j) of the Federal Food, Drug, and Cosmetic Act (as added by such subsection (a)); and
(2)
any recommendations of the Secretary for additional legislative or regulatory action with respect to the substances specified in such section 402(j).