Yep, to be clear the thing that Chevron's overturn changed is that if a regulatory agency enforces something, you could take them to court (people seem to think this is the new thing), but they only had to assess whether the agency's interpretation of the statutes was reasonable.
Now, the court is allowed to just generate its own interpretation and use that instead.
The law says: "The FDA is responsible for food safety".
The FDA finds that the red dye #3 may be unsafe and bans it. Prior to Chevron's repeal, you could have only argued that the FDA's ban was not a proportionate response, or you could have argued that the FDA had not properly consulted with the industry. But that was about it.
Now you can just go to the court in Oil City, TX and say: "Nah, we don't believe that the red dye #3 is harmful. We think we ought to add it to every school meal! SAVE THE CHILDREN!". The jury agrees with you, and that's it.
> FD&C Red No. 3 may be safely used for coloring foods generally (including dietary supplements) in amounts consistent with good manufacturing practice
What happens when new science comes in that determines it cannot be used safely? What does "safely" mean? "Safely" to whom? Under what conditions? With what degree of scientific consensus? Scientific consensus amongst whom?
"Good Manufacturing Process" is defined, but not in statute. It's defined by the FDA's own regulations, so FDA can update GMP guidelines based on that new science, sure, but all of it is now subordinate to judicial interpretation anyway.
My claim is that if people want this to be immune to Loper Bright overturn in some random court somewhere, we now need Congress to pass a law with something like "Red 3 cannot be used in a food product in higher concentrations than 3 ug/g" or whatever. We need Congress to pass identical laws for effectively everything FDA wants to regulate without risk of a random judge overturning it.
If new science comes in saying it actually needs to be 0.1 ug/g, welp, time to start lobbying Congress on this extremely, extremely niche and detailed change, which surely wouldn't lag behind the latest science by a couple decades.
You're claiming the statute is clear, so please describe specifically what the statute means.
Now, the court is allowed to just generate its own interpretation and use that instead.