H.R. 2715
Destruction of Hazardous Imports Act
Sponsor: Clay Higgins
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
Where this section came from
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Apr 8, 2025 · Introduced in House Referred to House Committee on Energy and Commerce, Apr 8
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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.
(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:
(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:
(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).