ICYMI: Blumenthal, Smith, Booker, & Durbin Call Out FDA for Proposed Cuts to State & Local Food Safety Programs

[WASHINGTON, D.C.] - In case you missed it, U.S. Senators Richard Blumenthal (D-CT), Tina Smith (D-MN), Cory Booker (D-NJ), and Dick Durbin (D-IL) wrote to Jim Jones, Deputy Commissioner for Human Foods at the Food and Drug Administration (FDA), seeking an explanation regarding the agency's plans to significantly reduce funding for state and local food safety programs. These programs perform a majority of food inspections reported by the FDA, including processing facility inspections, produce safety inspections, and retail food inspections.

"We are concerned that these proposed cuts will undo years of progress toward establishing a truly integrated food safety system," wrote the Senators. "State budgets across the country are already stretched thin, these cuts would deleteriously impact our nation's food safety system as some state programs inevitably scale back or are eliminated completely."

"While we appreciate that you may need to occasionally reallocate resources based on programmatic needs, we are concerned that the full impact of the proposed cuts to state and local programs has not been taken into account and that the agency has failed to fully consider alternative options," the Senators continued.

This letter comes in the wake of the deadly Listeria outbreak beginning in a Boar's Head plant in Jarratt, Virginia. In September 2024, Blumenthal wrote to the U.S. Department of Agriculture (USDA) and the U.S. Department of Justice (DOJ), calling on them to hold Boar's Head accountable for the Listeria outbreak, and in October 2024, Blumenthal announced a federal investigation into the USDA's handling of repeated sanitary violations found at the Virginia Boar's Head plant.

This letter continues Blumenthal's work in bolstering food safety for the American public, specifically as the nation faces a second administration led by President-elect Donald Trump. FDA enforcement actions significantly declined during Trump's first administration.

The full text of the letter can be found here and below.

Dear Deputy Commissioner Jones,

We write to you out of concern that the Food and Drug Administration (FDA) appears poised to significantly reduce funding for state and local food safety programs. As you know, state and local programs are the backbone of our food safety system. They perform the majority of food inspections reported by FDA, including 50% of food processing facility inspections, 90% of produce safety inspections, and 100% of retail food inspections. These inspections are carried out at a significantly lower cost to taxpayers than if FDA had conducted them directly.

Recognizing state and local programs' invaluable role in ensuring a safe food supply, the House and Senate included report language in their FY 25 draft appropriations bills directing FDA to maintain funding for state and local programs. If the agency refuses, we are concerned that these proposed cuts will undo years of progress toward establishing a truly integrated food safety system. State budgets across the country are already stretched thin, these cuts would deleteriously impact our nation's food safety system as some state programs inevitably scale back or are eliminated completely.

While we appreciate that you may need to occasionally reallocate resources based on programmatic needs, we are concerned that the full impact of the proposed cuts to state and local programs has not been taken into account and that the agency has failed to fully consider alternative options. Therefore, we request your response to the following questions by February 16, 2025:

1. In recent years, FDA has significantly reallocated funding meant for the Office of Inspections and Investigation (OII) formerly Office of Regulatory Affairs' Office of Training, Education, and Development (OTED) by about 65% or $10 million. Since training of investigators and inspections at the federal, state, and local levels are critical to maintaining the safety of the food supply and other FDA regulated products, funding cuts to this Office are concerning.
   1. Please provide additional information on where these funds have been reallocated to, the reason for the reallocation.

1. With the proposed $34 million reduction to state and local programs, has OII and the Human Foods Program (HFP) determined which state-led food safety initiatives will no longer be funded and how these activities will be handled by current OII/HFP staff?

1. What activities has the agency undertaken to revise processes, reduce bureaucracy, and improve efficiency during the implementation of the new HFP that now includes OII?

1. For OII/ORA foods staff, please provide additional detail on the number and cost of the following:
   1. Investigator positions for domestic inspections (excluding imports),
   2. Investigator positions for foreign inspection (excluding imports),
   3. Employees supervisory staff at the GS14 and equivalent SES and Title 21 positions and pay history of each employee for the last 3 fiscal years (excluding imports).

1. Has the agency cross referenced the functions and responsibilities of the HFP with OII to determine what programs are no longer necessary? Has the agency determined what programs can be cut with minimal public health impacts?
   1. If so, please describe the agency's decision to instead target crucial state programs for cuts.

Thank you for your prompt response. We look forward to working with you on this issue to ensure there are adequate resources to protect our food supply.

Sincerely,

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