HR7867Referred to Committee

Infant Formula Safety Modernization Act of 2026

Share:
Introduced
In Committee
3
Passed One Chamber
4
Passed Both
5
Signed into Law
119th
Congress
2026-03-09
Introduced
25
Cosponsors
HR
ⓘ
Type

Sponsor

Rosa L. DeLauro
Rosa L. DeLauro
Democrat · CT · Representative
Votes with party: 98.7% (547 recorded votes)

Full profile: /officials/D000216

Source: Congress.gov · FEC

Cosponsors (25)

Members who have signed on to support this bill since introduction. Source: Congress.gov.

Latest Action

The most recent step in the bill's legislative path. Committee Activity below shows referrals and reports; the full action-by-action history including floor proceedings lives at Congress.gov →

Referred to the House Committee on Energy and Commerce.

2026-03-09

Source: Congress.gov

Committee Activity

Currently in

Previously

Plain-English Summary

This bill would update the rules that the FDA uses to inspect and regulate infant formula manufacturers, making safety standards more current and giving the agency stronger tools to catch problems before formula reaches store shelves. It would likely require companies to follow stricter testing and reporting requirements, and could give the FDA faster authority to recall unsafe products. Parents and infants would benefit from tighter oversight, while formula manufacturers would need to meet more rigorous safety standards.

AI-assisted summary generated from the official bill metadata (title, subjects, actions) sourced from Congress.gov. Cached and reviewed. Always verify against the official text linked below.

Subjects

Health

Full Bill Text

Verbatim text published on Congress.gov via GovInfo. Use Cmd+F / Ctrl+F to search within this excerpt.

[Congressional Bills 119th Congress] [From the U.S. Government Publishing Office] [H.R. 7867 Introduced in House (IH)] <DOC> 119th CONGRESS 2d Session H. R. 7867 To amend the Federal Food, Drug, and Cosmetic Act to establish standardized pathogen and microorganism testing of infant formula products and manufacturing facilities, to mandate notification of specific positive tests and inspection classifications, and for other purposes. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES March 9, 2026 Ms. DeLauro (for herself, Mrs. Grijalva, Mr. Panetta, Ms. Jacobs, Ms. Norton, Ms. Wilson of Florida, Mr. Bishop, Ms. Williams of Georgia, Mr. Pappas, Mr. Quigley, Mr. Krishnamoorthi, Ms. Schakowsky, Ms. Tlaib, Mr. Thanedar, Ms. Ross, Mr. Van Drew, Ms. Dean of Pennsylvania, and Mr. Cohen) introduced the following bill; which was referred to the Committee on Energy and Commerce _______________________________________________________________________ A BILL To amend the Federal Food, Drug, and Cosmetic Act to establish standardized pathogen and microorganism testing of infant formula products and manufacturing facilities, to mandate notification of specific positive tests and inspection classifications, 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 ``Infant Formula Safety Modernization Act of 2026''. SEC. 2. MEASURES TO ENHANCE THE SAFETY OF INFANT FORMULA. (a) Good Manufacturing Practices.-- (1) In general.--Section 412(b) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 350a(b)) is amended by adding at the end the following: ``(5)(A) The Secretary shall by regulation update the good manufacturing practices for infant formulas established under this subsection to require the manufacturer of an infant formula to conduct pathogen and microorganism testing of-- ``(i) the infant formula manufacturing facilities of the manufacturer; and ``(ii) in addition to other applicable testing requirements under this Act, the finished infant formula product of the manufacturer. ``(B) The regulations issued under subparagraph (A) shall-- ``(i) require the Commissioner of Food and Drugs to develop a list of pathogens and microorganisms that infant formula manufacturers must test for in infant formula manufacturing facilities and finished infant formula products, which list shall include clostridium botulinum and such other pathogens and microorganisms as the Secretary designates; ``(ii) specify the recommended frequency of environmental testing, including requirements for testing in Zones 2 and 3 of an infant formula manufacturing facility; ``(iii) require the manufacturer of an infant formula to submit to the Secretary a written notification of any positive test result for a pathogen or microorganism referred to in clause (i) in infant formula, not later than one business day following the date of the result, even if the formula has not left the control of the manufacturer; ``(iv) for the purposes of inspections conducted under this Act, require the manufacturer of an infant formula to retain records of any positive test result for a pathogen or microorganism referred to in clause (i)-- ``(I) in infant formula; or ``(II) in the infant formula manufacturing facility of the manufacturer; and ``(v) require Commissioner of Food and Drugs to establish and enforce clear, consistent inspection and compliance standards for all infant formula products, regardless of their country of origin. ``(C) In this paragraph: ``(i) The term `Zone 2', with respect to an infant formula manufacturing facility, means areas directly adjacent to locations where infant formula could be exposed during manufacturing, but that are not food-contact surfaces. ``(ii) The term `Zone 3', with respect to an infant formula manufacturing facility, means areas further away from direct infant formula exposure than Zone 2, yet still within the processing environment; contamination in Zone 3 could reach Zone 2…
Show the remaining 269 words
(and thus the infant formula) through movement of people, equipment, or airflow.''. (2) Deadline.--Not later than 90 days after the date of enactment of this Act, the Secretary shall issue final regulations under section 412(b)(5)(A) of the Federal Food, Drug, and Cosmetic Act (as added by paragraph (1) of this subsection). (b) Congressional Notification Requirements.--Section 412 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 350a) is amended by adding at the end the following: ``(n) Congressional Notification Requirements.--(1) If the Secretary receives from a manufacturer a written notification of any test result that is a positive analytical result for a pathogen or microorganism in finished infant formula pursuant to subsection (b)(5)(B)(iii), the Secretary shall, not later than one business day following the date of such receipt, provide a written notice of such receipt to the appropriate committees of Congress. ``(2) If the Food and Drug Administration issues an `official action indicated' classification (or an equivalent classification) following an inspection of an infant formula manufacturing facility, the Secretary shall, not later than one business day following the date of such issuance, provide a written notice of such issuance to the appropriate committees of Congress. ``(3) In this subsection, the term `appropriate committees of Congress' means-- ``(A) the Committee on Appropriations and the Committee on Energy and Commerce of the House of Representatives; and ``(B) the Committee on Appropriations and the Committee on Health, Education, Labor, and Pensions of the Senate.''. (c) Conforming Amendment.--Section 412(b)(4)(A)(i) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 350a(b)(4)(A)(i)) is amended by striking ``paragraph (2)(B)'' and inserting ``paragraphs (2)(B) and (5)(A)''. <all>
Open clean-text viewRead on Congress.gov →

Related legislation

Bills by the same sponsor or covering overlapping subjects.