H.R. 10913: Eliminating Dangerous Preservatives Act

This bill would change federal food law to treat any food for people as “adulterated” if it contains any amount of three specific preservatives: butylated hydroxyanisole (BHA), butylated hydroxytoluene (BHT), or tert-butylhydroquinone (TBHQ).

In practical terms, that means foods containing any of these ingredients would generally no longer be allowed to be sold in interstate commerce once the law takes effect. The bill does not ban the preservatives directly by name in every context; instead, it makes food containing them unlawful under the Federal Food, Drug, and Cosmetic Act.

What changes for food companies

• Food manufacturers would need to reformulate products that currently use BHA, BHT, or TBHQ.
• Companies would need to find alternative preservatives or change product recipes and shelf-life expectations.
• Products containing these substances could not be introduced or delivered for introduction into interstate commerce starting 2 years after enactment.

What the FDA would have to do

• The Secretary of Health and Human Services, through the FDA Commissioner, would have to issue regulations to carry out the new rule within 2 years of enactment.
• Within 3 years of enactment, the Secretary would have to report to congressional committees on how the change has been implemented.
• The report must include information on how food manufacturers responded, including any reformulation efforts, and any recommendations for further legislative or regulatory action.

Timing

The bill creates a 2-year transition period before the new adulteration rule applies to foods entering interstate commerce. This gives manufacturers time to change ingredients and adjust production.

Relevant Companies

• K — Kellanova, which uses preservatives in some packaged food products and could need to reformulate certain items.
• CPB — Campbell Soup Company, which may need to change preservatives used in some packaged foods.
• HSY — The Hershey Company, which could be affected if any products use one of these preservatives.
• MDLZ — Mondelez International, which may need to reformulate certain snack or packaged food products.
• GIS — General Mills, which could be affected by ingredient changes in some packaged foods.
• KHC — Kraft Heinz, which may need to replace these preservatives in some products.