Food regulation update May 11: The latest on MAHA and related developments

CHICAGO, May 11, 2026 — IFMA The Food Away from Home Association launched a new benefit for members: 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.

 

FEDERAL

 

Food Labeling Bill

Representatives Frank Pallone (D-NJ-06) and Rosa DeLauro (D-CT-03) have introduced the Food Labeling Modernization Act of 2026 (H.R.8385) in the House. This legislation seeks to enhance the requirements for nutrition information on food labels, including implementing front-of-package nutrition labeling, updating standards for label claims such as "natural" and "healthy," refining formatting guidelines for ingredient statements, establishing warning labels for sugar alcohols and allulose, and introducing new allergen labeling provisions. As a reminder the FDA has listed a few of these initiatives as part of their Human Foods Program 2026 Priority Deliverables however timing on many of these are still unknown. 

Labeling of Toddler Beverages
Representative Sara Jacobs (D-CA-51) has introduced the No False Formula Act of 2026 (H.R.8412), which aims to address concerns regarding misleading labeling practices for toddler beverages. The proposed legislation would require the FDA to update its regulations, prohibiting any powdered or liquid beverage marketed to children older than twelve months from being labeled as “infant formula” or from using the term “formula” in conjunction with any other terminology.

FDA

 

Food Allergen Meeting

In February the FDA convened a public meeting and listening sessions with stakeholders to explore the use of food allergen thresholds to improve public health. With food allergies affecting millions and no cure available, clear labeling and minimizing cross-contact remain critical. While thresholds (low levels unlikely to trigger reactions in most individuals) could support risk assessment, labeling, and manufacturing practices, the FDA has not yet established official threshold levels.

During the 3-day meeting, stakeholders broadly supported moving toward a science-based, risk-based threshold framework to improve consistency and reduce confusion from inconsistent “may contain” labeling. However, concerns remain about protecting highly sensitive individuals and ensuring clear consumer communication. Discussions highlighted the need for standardized labeling rules, careful handling of “allergen-free” claims, and improved industry guidance.

Participants also emphasized operational challenges, including cross-contact in supply chains, testing limitations, and the need for better data and standardized methods. Moving forward, key priorities include reforming advisory labeling practices and launching education efforts to build consumer trust while balancing safety, practicality, and transparency. View the public meeting recording and FDA summary of key themes shared during the listening sessions.

 

Hiring Announcement

FDA Commissioner Makary announced FDA is planning to hire approximately 3,000 scientists as part of a sweeping reform agenda. This significant hiring effort is intended to strengthen the agency’s scientific capacity, modernize its operations, and improve the efficiency of regulatory processes. The initiative is expected to be funded through cost savings generated by internal restructuring and consolidation efforts, which are being reinvested into staffing and scientific infrastructure. The hiring push is part of a broader overhaul focused on streamlining systems, reducing duplication, and expanding the use of advanced technologies such as artificial intelligence. In a wider context, the move also reflects an effort to rebuild the FDA’s workforce following recent staff losses, while advancing priorities like faster approvals, increased flexibility in scientific standards, and greater transparency in regulatory decision-making. What is not known at this time is how this will directly impact the Human Foods Program which has come under scrutiny for not having enough staff and resources to support their work.. 

USDA

 

New Stocking Standards

USDA announced a final rule updating stocking standards for retailers participating in the Supplemental Nutrition Assistance Program (SNAP), aiming to expand access to healthier food options for SNAP recipients. Although the final rule is not available in the Federal Register until 5/8/26, the unpublished version can be found here. Beginning in Fall 2026, SNAP-authorized retailers will be required to carry at least seven varieties of foods across four staple categories: protein, grains, dairy, and fruits and vegetables. The rule increases requirements for perishable and whole foods while closing loopholes that previously allowed certain snack foods to count toward stocking standards. “To turn the tide on our nation’s health crisis, we need to ensure our nutrition assistance programs emphasize real food first, and that’s exactly what these updates to SNAP retailer requirements will do,” said USDA Secretary Rollins. USDA officials stated the changes are intended to improve nutrition, strengthen retailer accountability, and reduce fraud within the program. Since the start of the Trump Administration, USDA’s Food and Nutrition Service has already taken action against nearly 3,200 retailers for failing to meet existing SNAP stocking requirements. These updates go into effect Fall 2026, and the Department plans to issue additional guidance to retailers in the coming weeks. Below are key highlights from the unpublished, final rule.

• SNAP-authorized retailers must stock a broader variety of staple foods across four categories: fruits and vegetables, dairy, grains, and protein foods. The rule raises the required number of varieties from three to seven in each category, significantly increasing inventory expectations for participating stores.
  • Stores must also carry more perishable foods. At least one perishable item must be available in at least three of the four staple food categories, with the goal of improving access to fresher and more nutritious foods for SNAP participants.
• The rule creates clearer definitions for what qualifies as a "staple food" versus an "accessory food." Snack foods, desserts, and similar products generally do not count toward stocking requirements. USDA states that the changes are intended to ensure retailers offer "real food" rather than relying on highly processed convenience items to maintain SNAP authorization.
• The rule is expected to have the greatest impact on convenience stores, small-format retailers, and corner stores that historically relied on limited food inventories. Industry groups have expressed concern about costs, refrigeration capacity, supply logistics, and potential disqualification of smaller retailers from SNAP participation.
• Public health advocates offered mixed reactions. Some groups supported efforts to expand healthy food access but criticized the final rule for not including nutrition standards tied to sugar, sodium, or processing levels. Others worried the policy could unintentionally reduce food access if small retailers are unable to comply and lose SNAP authorization.

Reorganization

The USDA’s previously announced reorganization is beginning to take shape, with significant implications for federal food and nutrition programs. The plan will relocate hundreds of employees supporting anti-hunger initiatives out of Washington, D.C., into regional hubs such as Indianapolis, Dallas, and Kansas City. As part of the broader restructuring, the agency will also rename the Food and Nutrition Service and shift more operations closer to states and program participants.

The reorganization affects staff working on key programs like SNAP, WIC, and child nutrition, with only a limited presence remaining in D.C. USDA officials argue the changes will streamline operations, reduce bureaucracy, and improve service delivery on the ground. However, the move has sparked strong concern among unions, lawmakers, and program stakeholders, who warn it could trigger significant staff attrition, disrupt program continuity, and ultimately weaken support for the millions of Americans who rely on these services. Concerns are particularly acute around program coordination. Georgia Machell, president and CEO of the National WIC Association emphasized in a public statement, “These changes could undermine the close working relationships between State WIC Agencies and regional offices that are essential to day-to-day program operations.”

School Meals

More than two-thirds of U.S. schools say they cannot afford to sustain free meal programs, as federal reimbursements fail to keep up with rising food, labor, and operational costs. A recent survey conducted by the School Nutrition Association found nearly 70% of school nutrition directors report funding gaps, with many worried about long-term program viability.

We are waiting for the proposed rule to align the school nutrition standards to the new 2025-2030 Dietary Guidelines which aims to reduce ultra-processed foods and certain ingredients while recommending whole, “real” food. These changes are expected to increase costs due to the need for more staff, training, and kitchen equipment upgrades. Combined with rising food prices and staffing shortages, experts warn schools may be forced to cut services, take on debt, or reduce access to meals for students. Overall, schools face a growing affordability crisis. Experts note that improving meal quality is possible, but without additional funding, many may struggle to feed students at all.

Declines in SNAP Participation

Recent data indicates a reduction in SNAP participation over the past year. According to FRAC, approximately 3.3 million fewer individuals are enrolled in the program. The Center on Budget and Policy Priorities, which maintains a state-level SNAP participation tracker, notes that every state has experienced a decrease in participation, with declines of 5% or more observed in 36 states. Along these lines USDA Secretary Rollins recently posted on social media that more than 4 million people have left SNAP since the start of the Trump administration, attributing the decline to reduced fraud, a stronger economy, and less need for benefits. She highlighted wage growth and improved employment as key factors. However, according to the Associated Press, SNAP enrollment fell by about 4.3 million between January 2025 and January 2026, due to the primary driver of new work requirements included in “One Big Beautiful Bill Act” (H.R. 1).

STATES

 

Indiana

The Indiana Department of Education is conducting a survey of schools to determine how common synthetic food dyes and additives are in their meal programs. At present, Indiana has not implemented any restrictions on food or color additives in school meals. Earlier this year, legislation aiming to restrict these additives passed the Indiana House, but it did not proceed further before the legislative session ended.

OTHER NEWS

 

New Consumer Poll on MAHA Activity

According to a new poll by KFF, public concern about food safety and nutrition-related issues is widespread, even beyond supporters of the MAHA movement. A strong majority of U.S. adults believe current oversight is insufficient, with 75% saying there is not enough regulation of chemical additives in food and 64% expressing the same concern about pesticides in agriculture. These views are coupled with broad distrust of food, agriculture, and pharmaceutical companies to act in the public’s best interest, as well as low confidence in regulatory agencies, with only 36% of adults trusting the FDA and 36% the EPA to operate independently.

Despite these concerns, food policy ranks below other health priorities. While issues like additives and pesticides resonate, they are secondary to economic pressures - particularly healthcare costs. Even among MAHA supporters, only 21% prioritize restricting chemical additives, compared to 42% who prioritize lowering healthcare costs, indicating that nutrition and food safety, though important, are not the top driver of public decision-making. Overall, about four in ten (41%) adults – and a similar share of voters (43%) – say they are supporters of the MAHA movement, with support closely tied to partisanship and support of the Make America Great Again (MAGA) movement. In addition, among MAHA Voters, at least two-thirds support the way the Trump administration is handling food and vaccine policy.