It's Been Resolved!

Good news! This evening (New Year's Eve), the Department of Health and Human Services (HHS) overruled the FDA's plans to impose a "user fee" on distilleries that produced hand sanitizer to help fight the Covid-19 pandemic.

Here's the statement from Brian Harrison, the chief of staff to HHS Secretary Alex Azar (courtesy of the HHS Public Affairs team): 

"This action was not cleared by HHS leadership, who only learned of it through media reports late yesterday. HHS leadership convened an emergency meeting late last night to discuss the matter and requested an immediate legal review. The HHS Office of the General Counsel (OGC) has reviewed the matter and determined that the manner in which the fees were announced and issued has the force and effect of a legislative rule. Only the HHS Secretary has the authority to issue legislative rules, and he would never have authorized such an action during a time in which the Department is maximizing its regulatory flexibility to empower Americans to confront and defeat COVID-19. Because HHS OGC has determined the notice is really a legislative rule and that no one at FDA has been delegated authority to issue such a rule, the notice is void. HHS leadership, based on this legal opinion, has ordered the Federal Register Notice to be withdrawn from the Federal Register, meaning these surprise user fees will not need to be paid. 
 
“Small businesses who stepped up to fight COVID-19 should be applauded by their government, not taxed for doing so. I’m pleased to announce we have directed FDA to cease enforcement of these arbitrary, surprise user fees. Happy New Year, distilleries, and cheers to you for helping keep us safe!”

Thanks to everyone who supported this petition, and thanks to the HHS leadership for recognizing the impact of this fee on the U.S. distilling community!