PolicyBrief
S. 1906
119th CongressMay 22nd 2025
Innovative FEED Act of 2025
IN COMMITTEE

The Innovative FEED Act of 2025 establishes a new regulatory category for specialized animal food ingredients intended to modify digestion or reduce foodborne pathogens, while maintaining their status as food additives requiring FDA approval.

Roger Marshall
R

Roger Marshall

Senator

KS

LEGISLATION

Innovative FEED Act Creates New FDA Category for Gut-Health Animal Feed Additives, Mandates Safety Review

The Innovative Feed Enhancement and Economic Development Act of 2025 (or the Innovative FEED Act) is a highly specific piece of legislation that changes how the FDA handles certain ingredients added to animal food and water. Essentially, it carves out a new regulatory niche for what it calls "zootechnical animal food substances."

What Exactly Is a Zootechnical Substance?

Think of this as the policy equivalent of clarifying whether something is a supplement or a drug. A zootechnical animal food substance is defined as something added to animal food or water intended to change digestion byproducts, reduce foodborne germs in the animal, or alter the animal’s structure or function by messing with its gut bacteria. The crucial catch? It must work only inside the digestive tract, and it cannot be primarily for nutrition or meant to diagnose, treat, cure, or prevent disease.

Why does this matter? For years, manufacturers of novel feed additives—like specialized probiotics or prebiotics designed to improve animal gut health or reduce methane—have faced a regulatory gray area. Are these ingredients food additives? Are they drugs? This bill provides clarity by saying, yes, they are a new category, but they will still be regulated as a food additive under the strict safety review process (Section 409) of the Federal Food, Drug, and Cosmetic Act. It’s a clarification that helps innovative companies know exactly which hoop to jump through.

The New Approval Gauntlet

The bill sets a high bar for approval. When a manufacturer petitions the FDA to approve one of these substances, they can’t just submit general data. They must provide detailed reports of all investigations, including the methods and controls used, to prove the substance actually achieves its intended effect—whether that’s reducing specific germs or changing the gut microbiome. The FDA, or the Secretary, reviews this submission and can either approve it—setting specific conditions for safe use—or deny it if the company fails to prove the substance works as claimed.

This level of detail is important for anyone who eats meat or dairy. It means that even though these substances are designed to affect the animal's internal biology, they must still undergo rigorous pre-market safety and efficacy testing. This is a win for public confidence in the food supply, ensuring that new ingredients aren't just market hype but are backed by solid science.

Labeling: The Fine Print That Matters

If a zootechnical substance gets the green light, the bill mandates a specific warning label to prevent consumer confusion. The label must clearly state: “Not for use in the diagnosis, cure, mitigation, treatment, or prevention of disease in animals.” The label can mention the intended functional effects (like “supports healthy gut flora”), but that mandatory negative statement is critical. If a food product containing this additive is missing that disclaimer, it’s considered “misbranded” and subject to enforcement.

This labeling requirement is the FDA’s way of drawing a bright line between a feed additive and an animal drug. For farmers and ranchers, it clarifies how they can market and use these products, ensuring they don't accidentally violate regulations by making drug-like claims about a feed additive. For consumers, it provides transparency about what the product is—and, crucially, what it isn't.