Food regulation update October 13: The latest on MAHA and related developments

 

CHICAGO, October 13, 2025 — 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 UPDATES

USDA

SNAP
The USDA has directed states to prepare for major Republican-led changes to Supplemental Nutrition Assistance Plan (SNAP) outlined in the “Big Beautiful Bill.” A recently released memo instructed tighter work requirements for Able-Bodied Adults Without Dependents (ABAWD) to begin being enforced starting November 1st. As a reminder work requirements now apply to ages 18–64 (up from 54) and those with children over 14 (previously 18). States seeking waivers must prove an unemployment rate above 10%, significantly limiting eligibility to opt out. The Food Research & Action Center (FRAC) issued a statement expressing strong concern while criticizing USDA on several of their recent actions on SNAP including giving states until Nov. 1 to implement major changes. Visit here for FRAC’s full statement.


New Appointment
The Senate confirmed Dr. Scott Hutchins as Under Secretary of Agriculture for Research, Education, and Economics in September. Previously, he held the same USDA position during the Trump Administration. Dr. Hutchins is Board-Certified in entomology, serves as an adjunct professor at the University of Nebraska-Lincoln, and is a former Entomological Society of America (ESA) president, fellow, and honorary member.


FDA 

Import Certification
The FDA announced that starting October 31, 2025, import certification will be required for shrimp and spices from certain Indonesian regions due to potential Cesium-137 contamination. This is the first time this tool has been used to address food safety concerns while maintaining trade for certified products.


MAHA

United Nations
During a speech at the United Nations, HHS Secretary Kennedy formally stated the United States’ opposition to the UN’s political declaration which advocates for increased governmental efforts to address non-communicable diseases (NCDs). The declaration outlines strategies for preventing and managing conditions such as cardiovascular disease, diabetes, and cancer. Secretary Kennedy emphasized the nation’s commitment to combatting chronic diseases, acknowledging their importance, but confirmed that the United States would not endorse the declaration.

Mounting Backlash
Six former U.S. Surgeons Generals have joined other health experts in warning about HHS Secretary Kennedy, citing his disregard for evidence-based science. In a Washington Post op-ed, the former officials—who served under both Republican and Democratic presidents—stated that Kennedy's actions pose an unprecedented threat to national health. Their concerns mainly focus on medical issues such as vaccine polices. Last month, similar warnings came from nine former CDC directors, and over 20 medical organizations calling for Kennedy’s resignation. Additionally, more than 1,000 current and past HHS employees signed a letter urging for his departure. As Secretary Kennedy faces continued criticism according to a Quinnipiac University polling his approval ratings have declined with only 39% of voters being confident in medical information cited by Secretary Kennedy.

Low Carbohydrate Diet
The recent MAHA Commission report and Secretary Kennedy’s statements do not mention or recommend grain consumption, either refined or whole. Grains are excluded from his “whole foods” list, and the focus has shifted to eliminating all refined grains—now seemingly including whole grains as well. As a result, MAHA followers have launched a new website urging HHS to adopt low-carbohydrate guidelines in the pending 2025 Dietary Guidelines for Americans. In addition, the MAHA grassroot movement is calling on all supporters to get the word out on social media by utilizing their assets as found on the website.

Dietary Guidelines & More
In a recent speaking engagement with MAHA supporters, Calley Means, MAHA advisor for the White House, noted there is no exact date for the release of the Dietary Guidelines for Americans (DGA). He noted for previous iterations of the DGA have demonized meats, saturated fat and sodium while not prioritizing restriction of carbohydrates and added sugars. Means noted the new DGA will take a strong stance on sugars and ultra-processed foods while celebrating whole foods produced by American farmers and ranchers. He noted the DGA will have two major impacts. First, they will make a “cultural impact” much like when the first food pyramid did in the early 90s. Second, the DGA will address how we procure foods to ultimately have these guidelines implemented across federal programs and beyond. As a reminder the DGA will be released by end of year. In addition, Means has noted that the MAHA movement has successfully passed 30 state MAHA bills and this is just the beginning. He noted that in 2026 there will be a “tsunami of MAHA state bills.”

STATES

California
On October 8th, California Governor Gavin Newsom signed Assembly Bill 1264 into law. This unprecedented law will remove from school meals ultra-processed foods (UPF) and establish a statutory definition in California. 

Definition - The new law defines UPF as any food or drink containing a substance from at least one of these categories — surface active agents; stabilizers and thickeners; propellants, aerating agents and gases; colors & coloring adjuncts; emulsifiers and emulsifier salts; flavoring agents and adjuncts; flavor enhancers; and nonnutritive sweeteners AND either high amounts of saturated fat, sodium, or added sugar, or a nonnutritive sweetener which is as follows: 10% or greater of total energy from added sugars, 10% or greater of total energy from saturated fat or a ratio of milligrams of sodium to calories that is equal to or greater than 1:1. 

Timing - As noted “This bill would define “UPF” for certain school-related purposes and would require the California Department of Public Health (CDPH) to adopt regulations, on or before June 1, 2028, to define “UPF foods of concern” and “restricted school foods,” as specified. The bill would require schools, as defined, to begin to phase out restricted school foods and UPF foods of concern by no later than July 1, 2029. Beginning July 1, 2032, the bill would prohibit a vendor from offering restricted school foods and UPF foods of concern to a school.” 

Restrictions - There are two categories of foods that can be limited from sale in schools once CDPH defines and adopts regulations. There are the following: 

“UPF of Concern”: A food that meets the UPF definition and is determined by of a concern by CDPH. 

“Restricted School Foods”: Based solely on the use of a substance based on the categories noted above and CDPH deems a concern.

CDPH Responsibilities - CDPH is responsible for determining whether a product qualifies as a “UPF of concern” or “restricted school foods” by the following criteria:

• Whether the substance or group of substances is banned or restricted in other state, federal, or international jurisdictions due to concerns about adverse health effects;
• Whether the products include or require a warning label in other state, federal, or international jurisdictions because of potential health risks;
• Whether reputable, peer-reviewed scientific evidence links a substance or group of substances to adverse health outcomes, such as cancer, cardiovascular disease, metabolic disorders, developmental or behavioral issues, reproductive harm, obesity, type 2 diabetes, or other health issues associated with ultra-processed food consumption;
• Whether credible, peer-reviewed research indicates that a substance or group of substances may be hyperpalatable or contribute to food addiction;
• Whether the food has been altered to contain high levels of saturated fat, added sugar, or salt;
• Whether the food meets the requirements established by the FDA’s final rule on nutrient content claims;
• Whether the substance is a commonly used natural additive.

Costs – CDPH provides state meal reimbursement to school districts, county offices of education, and charter schools that participate in and comply with the requirements of the federal School Breakfast Program and National School Lunch Program, as well as applicable state laws and regulations. State meal reimbursement is available for reduced-price and paid meals served to students, which is detailed in the previously published Section 49559.The per-meal reimbursement amount provided cannot exceed the difference between the total calculated from meals claimed using the free combined breakfast and lunch reimbursement rates established by USDA and the state meal contribution and the combined federal and state reimbursement amounts for reduced-price and paid meals claimed. At present there does not appear to be any additional funding provided to support the implementation of this new law.

IFMA Insight - The new law sets a precedent for state legislation aiming to phase out UPF in school meals, particularly in those MAHA-friendly states who have proposed or passed legislation but have yet to define UPF. Given we are in the early stages of the development of the FDA definition of UPF this could have a direct impact on a pending federal definition. School foodservice providers will struggle to source compliant packaged products particularly with the removal of many of the ingredients, possibly requiring a return to scratch cooking, which demands significant updates to kitchen equipment and staff training. At present no extra funding has been provided for this transition. Despite Secretary Kennedy prioritizing UPF as an issue, Governor Newsome's decision has received little to no recognition, raising questions about UPF’s bipartisan support.

Click here to watch the press event announcing this historic bill.

West Virginia 
In West Virginia this week The International Association of Color Manufacturers (IACM) filed a lawsuit in federal court in an attempt to remove the ban on synthetic food colors. IACM argues that the law violates both the West Virginia and U.S. constitutions noting the “IACM contends the West Virginia law usurps the power of the [FDA] to make food safety decisions, interferes with interstate commerce and causes economic harm to IACM member companies and their customers, without providing any substantiated or rational basis for classifying covered products as unsafe.” Check out the site more information on the lawsuit.