Following ‘Lobbying Blitz,’ Senators Sneak Provision Killing Food Safety Rules Into Shutdown Bill

While the Republican and Democratic senators who passed this week’s emergency funding bill to reopen the government took heat for their failure to provide a solution to rising health insurance premiums, they also slipped other provisions under the radar that will likely harm Americans’ health.

As The Lever reported Tuesday, senators inserted language into the bill that would gut food safety regulations that prevent illness and death, as well as regulations on ultraprocessed foods.

The changes come “amid a lobbying blitz and a flood of campaign cash” from the food and restaurant industries which have spent more than $13 million lobbying the White House, Congress, and the Food and Drug Administration (FDA) this year.

Amid a surge of product recalls for bacteria like Listeria, Salmonella, and E. coli, the number of dangerous cases of foodborne illness doubled last year, according to the Public Interest Network. These illnesses annually result in around 53,000 hospitalizations and 900 deaths, according to a report from the Government Accountability Office.

Nevertheless, The Lever reports that the “new funding bill blocks federal rules designed to trace sources of outbreaks, and to prevent contamination of produce.” One provision bans the use of funds to administer or enforce the FDA’s "Requirements for Additional Traceability Records for Certain Foods," published in November 2022.

That traceability rule, The Lever notes, is “aimed to establish new record-keeping standards for companies to track their food products across the supply chain. Those records could help regulators identify the point of origin in the event of a major disease outbreak or food contamination event. The rule applied to produce, seafood, and certain dairy products, such as cheese, and exempted small businesses from the rule.”

The rule was initially proposed by the Trump administration during the Covid-19 pandemic, and enacted in 2023 by the Biden administration over aggressive opposition from industry groups. But after Trump’s return to office this year, they began a multimillion-dollar effort to lobby Congress to repeal the measure.

The National Restaurant Association spent nearly $2.5 million to lobby lawmakers to eliminate the rule, while the International Foodservice Distributors Association spent more than $600,000. In August, the Trump FDA proposed a rule to delay the traceability standards until 2028.

As The Lever explains: “The line inserted on page 154 of the new funding package contains identical language as the federal rule and would enshrine it into law.”

Two groups that have lobbied aggressively for deregulation of food tracking, the National Restaurant Association and the National Grocers Association, donated more than $750,000 to both parties’ congressional candidates and more than $145,000 to the two parties’ congressional election committees in the last election.

And they gave a combined $17,000 to three of the seven Democrats who joined Republicans in backing the bill—Sens. Jacky Rosen (D-Nev.), Tim Kaine (D-Va.), and Dick Durbin (D-Ill.).

“The next time you go to a restaurant and then uncontrollably vomit and diarrhea in your pants, you should send a note of thanks to the Republican and Democratic senators who helped their campaign donors slip this language into their legislation to reopen the government,” wrote The Lever’s founder, David Sirota, on social media.

The traceability rule is one of several regulations the bill, which is expected to come up for a vote in the House on Wednesday, would gut. It also requires that none of the bill’s funds go toward enforcing a 2015 FDA rule requiring stricter inspections of wine grapes, hops, almonds, and certain other crops.

It also axes funds for the FDA to establish new regulations to limit the public’s high intake of sodium, which is commonly found in highly processed foods. The effort to gut these regulations notably flies in the face of Health and Human Services Secretary Robert F. Kennedy, Jr.’s so-called “Make America Healthy” initiative.

Kennedy’s “MAHA” report, released in May, explicitly called for guidelines “that emphasize unprocessed foods while strictly limiting high-fat, high-sugar, and high-sodium processed items.”

“The most MAGA thing ever is embracing the so-called MAHA movement and then quietly gutting food safety regulations and research into ultra-processed foods,” said Neal Kwatra, the founder of the New York-based progressive group Metropolitan Public Strategies. “Just previously unseen levels of gaslighting on politics vs. actual policy.”

But Democrats allowed the measure to pass, too. For this, Melanie D’Arrigo, the executive director of the Campaign for New York Health, blamed the overwhelming power of corporate money.

“As long as corporations and billionaires are legally allowed to pay off politicians, we will never have a government that works for us,” she said.