S. 4974
Making America's Food Safer Act
Sponsor: Tommy Tuberville
2 cosponsors
Official summary
Written by the Congressional Research Service.
Making America's Food Safer Act
This bill expands the Food and Drug Administration’s (FDA’s) authority to require the destruction of unsafe imported foods, share food safety information, and make use of food facility audit information.
Specifically, the bill authorizes the FDA to order the destruction, without the opportunity for export, of any item that (1) is refused import into the United States; (2) violates federal law regulating food, drugs, medical devices, cosmetics, and tobacco products; and (3) presents a significant public health concern. Before issuing a destruction order, the FDA must provide an item’s owner or consignee with appropriate due process, including notice and an opportunity to appear. If an order is issued, the item’s owner or consignee must destroy it within 90 days at their own cost.
The bill also generally authorizes the FDA to share unredacted food safety information with state, local, tribal, and territorial authorities, including information related to foodborne illness tracking, recalls and outbreaks, and other topics. During a food safety incident, the FDA may disclose certain commercial information that is otherwise protected from disclosure.
Finally, the bill expands the FDA’s third-party audit system to make domestic food facilities eligible for voluntary audits. (Foreign facilities are eligible under current law.) The bill also authorizes the FDA to use audit results and related certifications to analyze risks and prioritize regulatory activities (e.g., inspections) to protect public health. (This information is currently used to determine whether specific food, or food from a specific facility, is eligible for import.)
Text of the bill
Where this section came from
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Jul 14, 2026 · Introduced in Senate Referred to Senate Committee on Health, Education, Labor, and Pensions, Jul 14
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Sep 28, 2026 · Engrossed in Senate
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… 3 unchanged passages …
(C) in paragraph (6)(A)(i), by striking food certified under section 801(q) or from a facility certified under paragraph (2)(B) and inserting food or a facility certified under this section;
… 3 unchanged passages …
(A) in paragraph (1), by striking or; and
… 5 unchanged passages …
(a) Revised definitions. Section 808(a) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 384d(a)) is amended—
(1) by striking paragraph (6) and inserting the following:
(6) Eligible entity. The term eligible entity means a foreign or domestic entity, including a foreign or domestic facility subject to registration under section 415, in the food supply chain that chooses to be audited by an accredited third-party auditor or the audit agent of such accredited third-party auditor.
; and
(2) in paragraph (7)(B)—
(A) in clause (i), by striking ; or and inserting a semicolon;
(B) in clause (ii), by striking the period and inserting ; or; and
(C) by adding at the end the following:
(iii) whether a facility is eligible to receive a food or facility certification for other purposes described in subsection (c)(2)(B)(ii).
(b) Removing limitations on the use of certifications. Section 808(c)(2) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 384d(c)(2)) is amended—
(1) in subparagraph (A), by striking food certification, described in section 801(q), or facility certification under section 806(a), as appropriate, to accompany each food shipment for import into the United States from an eligible entity and inserting food certification or facility certification for purposes described in subparagraph (B), as appropriate,; and
(2) by striking subparagraph (B) and inserting the following:
(B) Purpose of certification
(i) In general. The Secretary shall use certification provided by accredited third-party auditors to—
(I) determine, in conjunction with any other assurances the Secretary may require under section 801(q), whether a food satisfies the requirements of such section; and
(II) determine whether a facility is eligible to be a facility from which food may be offered for import under the voluntary qualified importer program under section 806.
(ii) Other considerations. The Secretary may consider the results of regulatory audits and food or facility certifications provided by accredited third-party auditors under this section in analyzing risks and prioritizing inspections and other regulatory activities, as appropriate for the protection of public health.
(c) Technical and conforming amendments. Section 808 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 384d) is amended—
(1) in subsection (b)(1)(A)—
(A) by striking accreditation bodies in the subparagraph heading and all that follows through Not later than in clause (i) and inserting the following: accreditation bodies—Not later than; and
(B) by striking clause (ii);
(2) in subsection (c)—
(A) in paragraphs (1) and (2), by striking (or, in the case of direct accreditation under subsection (b)(1)(A)(ii), the Secretary) each place it appears;
(B) in paragraph (2)(C)(i), by striking food certification under section 801(q) or a facility certification described under this subparagraph (B) and inserting food certification or a facility certification described in this section;
(C) in paragraph (6)(A)(i), by striking food certified under section 801(q) or from a facility certified under paragraph (2)(B) and inserting food or a facility certified under this section;
(D) in paragraph (6)(C), by striking requirements under section 801(q), of certifying the food, or the requirements under paragraph (2)(B) of certifying the entity and inserting requirements for certifying the food or facility under this section; and
(E) in paragraph (7)(B)(i), by striking , through direct accreditation under subsection (b)(1)(A)(ii) or; and
(3) in subsection (d)—
(A) in paragraph (1), by striking or; and
(B) at the end of paragraph (2), by striking the period and inserting ; or; and
(C) by adding at the end the following new paragraph:
(3) otherwise seeks certification for purposes of subsection (c)(2)(B)(ii).