1. Short title This Act may be cited as the Innovative Feed Enhancement and Economic Development Act of 2023 or the Innovative FEED Act of 2023 . 2. Regulation of zootechnical animal food substances (a) Rule of construction Nothing in this section, or the amendments made by this section, shall be construed to authorize the Secretary of Health and Human Services to require the use of any zootechnical food substance or food additive (as those terms are defined in section 201 of the Federal Food, Drug, and Cosmetic Act, as amended by subsection (b)). (b) Definition Section 201 of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 321 ) is amended by adding at the end the following: (tt) (1) The term zootechnical animal food substance means a substance that— (A) is added to the food or drinking water of animals; (B) is intended to— (i) affect the byproducts of the digestive process of an animal; (ii) reduce the presence of foodborne pathogens of human health significance in an animal intended to be used for food; or (iii) affect the structure or function of the body of the animal, other than by providing nutritive value, by altering the animal’s gastrointestinal microbiome; and (C) achieves its intended effect by acting solely within the gastrointestinal tract of the animal. (2) Such term does not include a substance that— (A) is intended for use in the diagnosis, cure, mitigation, treatment, or prevention of disease in an animal; (B) is a hormone; (C) is an active moiety in an animal drug, which, prior to the filing of a petition under section 409 was approved under section 512, conditionally approved under section 571, or indexed under section 572, or for which substantial clinical investigations have been instituted and for which the existence of such investigations has been made public; (D) is an ionophore