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
… 13 unchanged passages …
(e) Information disclosure during food safety incidents. The Secretary is authorized to disclose commercial information obtained from a person that is protected under section 1905 of title 18, United States Code, when the disclosure of such information advances public health protection during a food safety incident, including a foodborne illness outbreak, an investigation related to contaminated food, or a food recall.
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(b) Conforming amendment. The first sentence of section 301(j) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 331(j)) is amended — (1) by inserting to a State, local, Tribal, or territorial authority as specified in section 708(d), after of the Department,; and (2) by striking the second period at the end.
(a) In general. Section 708 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 379) is amended by adding at the end the following:
(d) Sharing food safety information with State, local, Tribal, and territorial authorities
(1) Authorization. Notwithstanding section 301(j) and any other law, regulation, or policy, the Secretary may share, with a State, local, Tribal, or territorial authority with counterpart functions related to the protection of public health, unredacted information in the possession of the Food and Drug Administration relating to any of the following:
(A) Foodborne illness surveillance data.
(B) Laboratory sampling testing information.
(C) Inspectional information and results.
(D) Distribution lists for recalls and outbreaks.
(E) Consumer complaints.
(F) Any other information the Secretary determines will assist such authority in protecting the public.
(2) Timing. The Secretary may share information pursuant to paragraph (1) as soon as is reasonably practicable.
(3) Limitation on further disclosure. A State, local, Tribal, or Territorial authority in receipt of information provided by the Secretary under this subsection shall not further disclose such information without permission of the Food and Drug Administration unless such authority determines that disclosure of such information is necessary to contain a foodborne illness outbreak, carry out a recall, or carry out other State enforcement activities.
(4) Effect of subsection. Nothing in this subsection affects the authority of the Secretary to enter into any written agreement authorized by other provisions of law to share confidential information.
(e) Information disclosure during food safety incidents. The Secretary is authorized to disclose commercial information obtained from a person that is protected under section 1905 of title 18, United States Code, when the disclosure of such information advances public health protection during a food safety incident, including a foodborne illness outbreak, an investigation related to contaminated food, or a food recall.
(b) Conforming amendment. The first sentence of section 301(j) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 331(j)) is amended—
(1) by inserting to a State, local, Tribal, or territorial authority as specified in section 708(d), after of the Department,; and
(2) by striking the second period at the end.