H.R. 2715

Destruction of Hazardous Imports Act

Official summary

Written by the Congressional Research Service.

Destruction of Hazardous Imports Act

This bill expands the Food and Drug Administration’s (FDA’s) authority to require the destruction of certain items that are refused import into the United States and pose a risk to public health.

Under current law, imported food, drugs, medical devices, tobacco products, and cosmetics are subject to FDA review. If an imported item is deficient in a specified manner (e.g., counterfeit, misbranded, or manufactured under insanitary conditions), the item is generally refused admission to the United States. An item refused admission may generally be exported, except that the FDA may destroy a drug, medical device, or tobacco product that is valued under $2,500 without the opportunity for export.

Under the bill, the FDA may order the destruction, without the opportunity for export, of any food, drug, medical device, tobacco product, or cosmetic that is refused admission if the item presents a significant public health concern. If such an order is issued, the item’s owner or consignee must destroy it within 90 days at their own cost.

The bill also prohibits the unauthorized movement (e.g., export) of an item subject to a destruction order. A violator is subject to a fine, a prison term of up to one year, or both.

The FDA must promulgate regulations to carry out these provisions. These regulations must provide for due process for the owner or consignee of an item subject to a destruction order, including notice and an opportunity to appear before the item is destroyed.

Text of the bill

Expand all
Sec. 2. Destruction of certain refused articles Changed · Jun 18

Where this section came from

  1. Apr 8, 2025 · Introduced in House Referred to House Committee on Energy and Commerce, Apr 8
  2. Jun 18, 2026 · Reported in House Marked up by House Committee on Energy and Commerce, May 21 Reported by House Committee on Energy and Commerce, Jun 18 Committee members' individual votes aren't in our records.
What changed in the text

(a) In general. Section 801 (a) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 381 (a)) ) is amended — by adding at the end the following: [Inserted into the law: ( v) Destruction of refused articles presenting significant public health concerns. ( 1) in In general. If the seventh Secretary sentence, of by Health striking and as Human described Services finds that an article that has been refused admission under subsection ( b). a) and presents inserting a as significant described public health concern, the Secretary may issue to the owner or consignee of the article an order to destroy the article, without the opportunity for export. (2) Deadline; costs. Not later than 90 days after the issuance of an order under subsection paragraph ( b 1 ), the owner or any consignee of the article refused shall admission destroy under the this article. section, The if owner or consignee shall be responsible for the costs of such destruction. (3) Due process. The Secretary of Health and Human Services determines shall that provide such to the owner or consignee of an article presents subject a to significant an public order health under concern.; paragraph (1) appropriate due process prior to the destruction of the article. Such due process shall be specified in regulations and include notice and an opportunity to appear before the Secretary and introduce testimony on the destruction— ( 2 A ) in the combination eighth, with ninth, the notice and tenth opportunity sentences, to by appear striking and drug introduce or testimony device on each the place refusal it of appears admission and of inserting the drug, article device, under subsection (a); or other (B) article separately . ]

… 2 unchanged passages …

(jjj) The unauthorized movement, or introduction or delivery for introduction into interstate commerce, including export, of an article that the is Secretary subject has decided to destroy an under order the for seventh destruction sentence under of section 801( a v ).

]

(c) Applicability. The amendments made by subsections (a) and (b) shall apply to articles beginning on the date that is 180 30 days after the date of on enactment which of the this Act. (d) Regulations. The Secretary of Health and Human Services, acting through the Commissioner of Food and Drugs, shall— promulgates final regulations under subsection ( d). (d) Regulations. ( 1) not Proposed. Not later than 90 18 days months after the date of enactment of this Act, finalize the such Secretary revisions of to Health regulations and as Human may Services, be acting necessary through the Commissioner of Food and Drugs, shall issue proposed regulations to implement the amendments amendment made by subsections subsection (a ) ), and allowing (b); for notice and comment on such proposed regulations. (2) ensure Final. that Not such later than 1 year after the issuance of the proposed regulations are under consistent paragraph with (1), any the applicable Secretary international of agreements. Health and Human Services, acting through the Commissioner of Food and Drugs, shall promulgate final regulations to implement the amendment made by subsection (a).

What is a markup?

A markup is a committee meeting where members go through a bill and vote on changes before sending it to the full chamber.

(a) In general. Section 801 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 381) is amended by adding at the end the following:

Text this section adds to the law

(v) Destruction of refused articles presenting significant public health concerns

(1) In general. If the Secretary of Health and Human Services finds that an article that has been refused admission under subsection (a) presents a significant public health concern, the Secretary may issue to the owner or consignee of the article an order to destroy the article, without the opportunity for export.

(2) Deadline; costs. Not later than 90 days after the issuance of an order under paragraph (1), the owner or consignee of the article shall destroy the article. The owner or consignee shall be responsible for the costs of such destruction.

(3) Due process. The Secretary of Health and Human Services shall provide to the owner or consignee of an article subject to an order under paragraph (1) appropriate due process prior to the destruction of the article. Such due process shall be specified in regulations and include notice and an opportunity to appear before the Secretary and introduce testimony on the destruction—

(A) in combination with the notice and opportunity to appear and introduce testimony on the refusal of admission of the article under subsection (a); or

(B) separately.

(b) Prohibited acts. Section 301 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 331) is amended by adding at the end the following:

Text this section adds to the law

(jjj) The unauthorized movement, or introduction or delivery for introduction into interstate commerce, including export, of an article that is subject to an order for destruction under section 801(v).

(c) Applicability. The amendments made by subsections (a) and (b) shall apply to articles beginning on the date that is 30 days after the date on which the Secretary of Health and Human Services, acting through the Commissioner of Food and Drugs, promulgates final regulations under subsection (d).

(d) Regulations

(1) Proposed. Not later than 18 months after the date of enactment of this Act, the Secretary of Health and Human Services, acting through the Commissioner of Food and Drugs, shall issue proposed regulations to implement the amendment made by subsection (a), allowing for notice and comment on such proposed regulations.

(2) Final. Not later than 1 year after the issuance of the proposed regulations under paragraph (1), the Secretary of Health and Human Services, acting through the Commissioner of Food and Drugs, shall promulgate final regulations to implement the amendment made by subsection (a).