Makary Outlines ‘Mission Critical’ Ops Under Shutdown

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As the government shutdown went into effect 10/1, FDA commissioner Marty Makary told employees that the agency will continue mission-critical activities necessary to protect public health until the budget impasse is resolved. This means the agency is directed to respond to foodborne illness outbreaks, manage high-risk food and medical product recalls, pursue civil and criminal investigations when imminent threats to human life are identified, and monitor safety concerns with medical devices and other medical products. The agency will also continue work funded by carryover user fees, allowing some ongoing therapeutic development activities to proceed, he says.

However, Makary noted that FDA will not be able to accept new user fee payments assessed for fiscal year 2026, meaning regulatory submissions that require fee payment cannot be processed until new budgetary funding is approved. “The FDA plays a critical role in safeguarding the food families feed their children and pets, and ensuring the effectiveness of medicines Americans rely on,” he says. “While all our work is important, only activities permitted by law will continue during a lapse in funding.”

An earlier HHS contingency plan (see earlier story) says 13,872 FDA employees — about 86% of the agency’s workforce — would continue working during a shutdown. Of these, 10,740 are considered “exempt” because their activities are supported by carryover user fees or other non-lapsing funds, and 3,132 are “excepted” because their work is deemed essential to protecting human life or property.

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