Food regulation update August 7: The latest on MAHA and related developments

CHICAGO, August 10, 2026 – The following is a roundup of regulatory developments affecting the food-away-from-home business, including policy changes that are part of the Administration's Make America Healthy Again (MAHA) initiative. The report is compiled and written by Dr. Joy Dubost, a renowned food scientist and registered dietitian with strong knowledge of what's happening on the regulatory front.

MAHA

Food Policy Event

HHS Secretary Kennedy will host a food policy event on August 10 to highlight the Trump Administration's progress in advancing its MAHA agenda. The event will showcase a series of food and nutrition policy initiatives implemented over the past 18 months that the Administration says are aimed at improving the nation's food supply and addressing the growing burden of chronic disease. In addition to reviewing recent accomplishments, HHS officials are expected to announce two new food policy initiatives. Perhaps this is the long-awaited GRAS reform proposed rule and FDA’s approach to addressing ultra-processed foods. Secretary Kennedy will be joined by FDA Acting Commissioner Kyle Diamantas, Senior Advisor Calley Means, and HHS Chief Counselor Chris Klomp. The announcements are expected to provide further insight into the Administration's evolving priorities related to nutrition, food policy, and public health. This will be closely monitored and covered in next week’s newsletter.

FDA

GRAS

The Office of Management and Budget (OMB) has completed its regulatory review of the FDA’s proposed GRAS rule, marking an important step in the rulemaking process. With OMB review now concluded and the proposal cleared for publication, attention turns to the FDA's next move, the Notice of Proposed Rulemaking (NPRM) in the Federal Register. While there are still steps ahead before the rule is finalized, clearing OMB review removes a major hurdle and suggests the process is continuing to move forward. If this timeline holds, we could see the NPRM published before the anticipated release in December. Along these lines Secretary Kennedy in an interview with CNN noted that the definition of ultra-processed foods and the proposed GRAS rule should be out in a few weeks.

Ultra-Processed Foods

An important milestone in FDA and USDA's effort to develop a uniform definition of ultra-processed foods (UPFs): a document titled "White Paper: Proposed Definition of Ultra-Processed Food" has entered White House OMB review. It's important to note that this is not a proposed regulation under the rule-making process given it is noted as white paper. Based on the information currently available, the Administration has not formally indicated whether the white paper will be released for public comment or whether it will ultimately serve as the foundation for future work. Nevertheless, submission to OMB for review suggests the agencies are moving closer to publicly outlining the definition that could shape future research, nutrition policy, and federal programs related to ultra-processed foods. Also, it does not appear that this white paper preempts any state level activity already underway.

FEDERAL

Senate Farm Bill

The Senate Agriculture Committee's draft of the Agricultural Act of 2026 reinforces nutrition as a central pillar of the Farm Bill by extending several healthy food access initiatives while proposing significant changes to the Dietary Guidelines for Americans (DGA) development process. Although the Committee considered dozens of amendments during its August 6 markup, the legislation failed to advance on a 10-11 vote due to broader disagreements over SNAP financing and nutrition assistance. The Committee recessed indefinitely, although lawmakers are expected to resume negotiations following the August recess.
Despite the stalled markup, the discussion highlighted strong bipartisan support for many nutrition-related provisions. The Senate proposal extends USDA's authority through 2031 to purchase fresh fruits and vegetables for schools and other nutrition assistance programs, supporting continued access to fresh produce for children while providing stable markets for specialty crop producers.

The legislation also reauthorizes the Gus Schumacher Nutrition Incentive Program (GusNIP) through 2031 and expands several Food is Medicine initiatives. Nutrition incentive projects would continue encouraging SNAP participants to purchase fruits and vegetables, while Produce Prescription Projects would expand eligible foods to include legumes in addition to fruits and vegetables. The bill also directs USDA to evaluate whether Produce Prescription Programs should eventually transition to the Department of Health and Human Services (HHS), reflecting the growing integration of healthcare and nutrition interventions to address chronic disease.

Another important provision reauthorizes the Healthy Food Financing Initiative (HFFI) through 2031, continuing investments that support grocery stores, food retailers, food hubs, and other healthy food infrastructure in underserved communities to improve access to nutritious foods.

One of the most significant nutrition policy proposals is the restructuring of the Dietary Guidelines for Americans. Consistent with the House proposal, the Senate bill would move the Guidelines from a five-year to a ten-year publication cycle beginning with the 2030 edition while allowing interim updates when supported by new scientific evidence. The legislation would require the Guidelines to be developed through a formal notice-and-comment rulemaking process and based on significant scientific agreement derived from an evidence-based review of the literature. Recommendations would be required to address nutritional adequacy, chronic disease prevention, affordability, accessibility, naturally occurring nutrients, fortified foods, and bioactive food components.

The proposal would also reportedly strengthen conflict-of-interest requirements, increase transparency throughout the scientific review process, and establish an independent advisory board to provide scientific recommendations. During markup, lawmakers further discussed provisions that would allow Congress to appoint members of the advisory board and clarify that the Dietary Guidelines should remain focused on dietary guidance by excluding topics considered outside their statutory purpose, including federal food procurement, agricultural production practices, food labeling, and nutrition regulations. Supporters argue these reforms would improve accountability and scientific rigor, while critics contend they could increase political influence over what has historically been an independent scientific advisory process.

Beyond the nutrition title, the Senate proposal builds upon SNAP financing reforms enacted earlier this year. The discussion draft would delay implementation of new state SNAP benefit cost-sharing requirements by one year. Beginning in fiscal year 2031, states with SNAP payment error rates above 6% would be responsible for funding 20% of benefit costs, compared with the current 15% maximum established under the One Big Beautiful Bill Act. Senate Democrats, led by Sen. Cory Booker (D-N.J.), opposed the proposal and continue to advocate for a two-year delay in the cost-sharing provisions.

The markup also featured consideration of numerous food and agriculture amendments, including proposals to reinstate mandatory country-of-origin labeling (COOL) for beef, allow SNAP benefits to be used to purchase hot rotisserie chicken, and delay increased stocking requirements for SNAP-authorized retailers. None of these amendments changed the outcome of the committee vote.

Notably, neither the Senate nor House Farm Bill includes provisions restricting ultra-processed foods, food additives, or establishing nationwide SNAP purchase restrictions. Instead, both proposals focus on expanding healthy food access, strengthening nutrition incentive programs, supporting Food is Medicine initiatives, and increasing transparency in federal nutrition policy.

Although the committee was unable to advance the legislation, House Agriculture Committee Chairman G.T. Thompson (R-Pa.) welcomed the Senate discussion draft and indicated he plans to begin informal House-Senate negotiations during the August recess. With the current Farm Bill extension set to expire on September 30, negotiations are expected to continue this fall as lawmakers work toward a bipartisan agreement.

Industry Advocacy

The National Grocers Association (NGA) has joined a coalition of food industry organizations in urging congressional leaders to delay implementation of new state SNAP cost-sharing requirements included in the One Big Beautiful Bill Act and reflected in the Senate Farm Bill discussion draft. In a July 31 letter, the coalition expressed concern that tying state financial responsibility for SNAP benefits to payment error rates could place significant fiscal pressure on states, ultimately affecting SNAP administration, retailer participation, and food access for beneficiaries.

The organizations are requesting a two-year delay in implementing the new benefit cost-sharing requirements, arguing that states need additional time to adapt to recent program changes and improve payment accuracy before being held financially accountable. The letter also notes that payment error rates collected during recent periods of operational disruption may not accurately reflect normal program administration, making them an unreliable basis for determining future state cost-sharing obligations.

The coalition emphasized that SNAP serves as a critical partnership between federal and state governments and the retail community, cautioning that significant new financial burdens on states could reduce program stability and access for participants. The letter comes as Congress continues negotiations on the Farm Bill, where SNAP financing, program integrity, and nutrition policy remain among the most closely debated issues.

Capitol Hill Luncheon

The session opened with remarks from Senator Bill Cassidy (R-La.), who drew on his experience as a physician to describe obesity as a major driver of diabetes, fatty liver disease, hypertension, heart disease, stroke, and other chronic illnesses. He stressed that while there is no single solution, evidence-based nutrition interventions, Food is Medicine programs, and greater investment in nutrition research could substantially improve health outcomes while reducing healthcare costs. Cassidy also called for increased NIH investment in nutrition science, noting that prevention has historically received far less attention than treatment.

In a discussion with Dr. Dariush Mozaffarian (Tufts University), Senator Roger Marshall (R-Kan.) highlighted nutrition as one of the few remaining bipartisan public health priorities. Marshall emphasized the importance of improving nutrition before and during pregnancy, reducing obesity, and addressing diet-related chronic diseases through stronger federal coordination and increased investment in nutrition research. Both speakers acknowledged the need for more rigorous evidence to inform future policy decisions related to ultra-processed foods (UPFs), ingredient safety, and broader nutrition policy.

Scientific presentations highlighted emerging evidence demonstrating that food functions as a biological signaling system capable of influencing metabolism, inflammation, gene expression, and healthy aging. Researchers discussed studies linking dietary patterns high in ultra-processed foods with obesity, insulin resistance, cardiovascular disease, depression, anxiety, and cognitive decline, while also highlighting research suggesting that diets emphasizing minimally processed, nutrient-dense foods may improve both physical and mental health outcomes. Speakers repeatedly emphasized the need for standardized definitions of ultra-processed foods and additional high-quality research to better distinguish the effects of food processing from nutritional composition.

The session included a keynote discussion featuring HHS Senior Advisor Calley Means, who outlined the Trump administration's vision for shifting federal health policy from disease treatment toward prevention. Means argued that chronic disease has become one of the nation's defining health challenges and that nutrition policy now represents a unique area of bipartisan opportunity. He described the current healthcare system as one that primarily manages chronic disease after it develops rather than addressing its underlying causes through nutrition and lifestyle interventions.

Means identified children's nutrition and the growing consumption of ultra-processed foods as major public health concerns, arguing that dietary patterns established early in life are contributing to rising rates of obesity, diabetes, and metabolic disease. He pointed to the rapid expansion of state SNAP waivers, school nutrition initiatives, and broader efforts to evaluate ingredient safety and define ultra-processed foods as evidence that nutrition policy is becoming an increasingly important component of the Administration's MAHA agenda. He also called for substantially greater federal investment in nutrition science, emphasizing that future research should focus on preventing chronic disease rather than simply treating its consequences.

Across the panel, speakers agreed that nutrition is increasingly being recognized as a foundational component of public health policy. The panel made clear that nutrition policy is likely to become increasingly influential across multiple federal agencies, including FDA, USDA, NIH, CMS, and HHS. Means highlighted ongoing work related to SNAP, school meals, ingredient safety, and defining ultra-processed foods, indicating that food manufacturers should anticipate continued policy activity affecting product formulation, labeling, and nutrition standards. Speakers, including Dr. Mozaffarian, advocated for continued state regulations to drive change with no federal preemption. While perspectives differed on specific policy approaches, there was broad consensus that stronger nutrition research, improved access to healthy foods, and greater integration of nutrition into healthcare will be essential to reducing the nation's growing burden of chronic disease. The discussion also underscored the increasing federal focus on Food is Medicine, dietary quality, and evidence-based nutrition policy as key strategies for improving long-term health outcomes. 

Potential Research Grant Policy

A bipartisan Senate funding resolution includes language that would temporarily block implementation of the Office of Management and Budget's (OMB) proposed overhaul of the Uniform Guidance governing federal research grants previously covered in the weekly NJOY Health & Nutrition newsletter. The provision would delay the rule, which would increase political oversight of federal grant awards and make broad changes to how research funding is awarded and administered, while Congress continues negotiations on federal spending.
The proposed OMB rule has generated significant concern across the scientific community, with critics arguing it could reduce the role of peer review, increase political involvement in funding decisions, limit research collaborations, and create new administrative burdens for universities and research institutions. The Senate action signals growing bipartisan concern over the proposal and provides additional time for lawmakers to evaluate its potential impact on the U.S. research enterprise before the changes take effect.

CDC

Director Confirmed

The U.S. Senate has confirmed Dr. Erica Schwartz as Director of the Centers for Disease Control and Prevention (CDC) by a 51-44 vote, making her the agency's 22nd director and its first Senate-confirmed leader in nearly a year. The confirmation ends a prolonged period of leadership instability at the agency following several unsuccessful nominations and leadership changes. Schwartz, a physician and attorney, previously served as Deputy Surgeon General and held senior leadership positions within the U.S.

Coast Guard. During her confirmation process, senators questioned her ability to maintain the CDC's scientific independence while working under HHS Secretary Kennedy. She ultimately secured enough support after addressing concerns from key lawmakers, including Senate HELP Committee Chairman Bill Cassidy.

As CDC director, Schwartz will oversee the nation's leading public health agency at a time when it continues to address infectious disease preparedness, chronic disease prevention, foodborne illness surveillance, and vaccine policy. Her confirmation provides permanent leadership as the Administration advances broader public health priorities under the MAHA agenda.

HHS

Head Start Reforms

HHS has released a proposed rule to modernize the Head Start program by reducing federal administrative requirements, increasing local flexibility, and expanding access for eligible families. According to HHS, the proposal could preserve or expand up to 236,000 Head Start slots nationwide while reducing administrative costs by an estimated $2.2 billion. A notable component of the proposal is its renewed emphasis on nutrition and healthy lifestyles. Head Start programs would be required to provide nutrient-dense, whole foods that align with the Dietary Guidelines for Americans and structure mealtimes to support children's learning, development, and healthy eating habits. The proposal also establishes minimum expectations for physical activity to help foster healthy behaviors during early childhood. Additional reforms would recognize parents as a child’s primary educators, streamline duplicative federal regulations, provide greater flexibility for local programs, and shift certain operational requirements, including group size, staffing qualifications, background checks, and transportation practices to state oversight. HHS has opened a 60-day public comment period before the proposed rule is finalized. More information about the proposed rule can be found here.

STATES

Arizona

Arizona's Healthy Schools Act is now in effect, making it one of the most comprehensive state laws restricting certain food additives in K–12 schools. Beginning with the 2026–2027 school year, public schools participating in federally funded meal programs may not serve, sell, or allow third parties to sell foods or beverages containing any of 11 specified ingredients during the regular school day. The law defines these products as "ultra-processed foods" if they contain ingredients including potassium bromate, propylparaben, titanium dioxide, brominated vegetable oil, and certain synthetic food colors (Yellow 5 and 6, Blue 1 and 2, Green 3, Red 3, and Red 40).

The restrictions extend beyond school meals to include vending machines, school stores, snack bars, classroom celebrations, fundraisers, and foods distributed on campus during the school day. However, the law does not apply to lunches or snacks packed by parents for their own child or to after-school activities occurring more than 30 minutes after dismissal. Schools across Arizona are updating policies and educating families to ensure compliance before students return to class.

Arizona joins a growing number of states adopting ingredient-specific food policies in schools, reflecting increased state-level activity focused on food additives and children's nutrition. The law also places additional emphasis on product reformulation and ingredient transparency for manufacturers supplying foods to school nutrition programs.

OTHER NEWS

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