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
… 2 unchanged passages …
(v) Order To destroy certain refused articles.
(1) In general.
For any article that has been refused admission and is in violation of this Act, the Secretary of Health and Human Services may issue to the owner or consignee an order that the article shall be destroyed, without the opportunity to export, if the Secretary of Health and Human Services finds that the article presents a significant public health concern. Before issuing an order to destroy an article under this subsection, the Secretary of Health and Human Services shall
issue
provide
regulations providing
for notice and an opportunity to appear before the Secretary of Health and Human Services and introduce testimony on the order to destroy. The
Secretary of Health and Human Services may combine the opportunity to appear before the Secretary and the opportunity to introduce testimony into a single proceeding with respect to an article. The
regulations
under paragraph (2)
shall provide that prior to the destruction of any such article, appropriate due process is available to the owner or consignee seeking to challenge the
decision of the
Secretary of Health and Human
Service’s
Services
decision
to order destruction. Such process may be combined with the notice and opportunity to appear before the Secretary and introduce testimony on the refusal as long as appropriate notice is provided to the owner or consignee about the potential order to destroy. The Secretary of the Treasury shall cause the owner or consignee to complete the destruction of any such article within 90 days of the order for destruction and the owner or consignee shall be responsible for the costs of such destruction.
(2) Regulations. (A) Proposed. Not later than 18 months after the date of enactment of the Making America's Food Safer Act, the Secretary of Health and Human Services shall issue proposed regulations to implement paragraph (1), including a framework for due process, allowing for notice and comment on such proposed regulations. (B) Final. Not later than 1 year after the issuance of the proposed regulations under subparagraph (A), the Secretary of Health and Human Services shall promulgate final regulations to implement paragraph (1). (3) Exceptions. With respect to importation by an individual of a prescription drug that is not a controlled substance pursuant to section 804(j) and in a manner that is consistent with personal or household use, the authority provided under paragraph (1) shall not apply. (4) Clarification. For purposes of this section, a prescription drug described in paragraph (3) that is imported as described in such paragraph shall not be considered a significant public health concern.
]
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) Order To destroy certain refused articles
(1) In general. For any article that has been refused admission and is in violation of this Act, the Secretary of Health and Human Services may issue to the owner or consignee an order that the article shall be destroyed, without the opportunity to export, if the Secretary of Health and Human Services finds that the article presents a significant public health concern. Before issuing an order to destroy an article under this subsection, the Secretary of Health and Human Services shall provide for notice and an opportunity to appear before the Secretary of Health and Human Services and introduce testimony on the order to destroy. The Secretary of Health and Human Services may combine the opportunity to appear before the Secretary and the opportunity to introduce testimony into a single proceeding with respect to an article. The regulations under paragraph (2) shall provide that prior to the destruction of any such article, appropriate due process is available to the owner or consignee seeking to challenge the decision of the Secretary of Health and Human Services to order destruction. Such process may be combined with the notice and opportunity to appear before the Secretary and introduce testimony on the refusal as long as appropriate notice is provided to the owner or consignee about the potential order to destroy. The Secretary of the Treasury shall cause the owner or consignee to complete the destruction of any such article within 90 days of the order for destruction and the owner or consignee shall be responsible for the costs of such destruction.
(2) Regulations
(A) Proposed. Not later than 18 months after the date of enactment of the Making America's Food Safer Act, the Secretary of Health and Human Services shall issue proposed regulations to implement paragraph (1), including a framework for due process, allowing for notice and comment on such proposed regulations.
(B) Final. Not later than 1 year after the issuance of the proposed regulations under subparagraph (A), the Secretary of Health and Human Services shall promulgate final regulations to implement paragraph (1).
(3) Exceptions. With respect to importation by an individual of a prescription drug that is not a controlled substance pursuant to section 804(j) and in a manner that is consistent with personal or household use, the authority provided under paragraph (1) shall not apply.
(4) Clarification. For purposes of this section, a prescription drug described in paragraph (3) that is imported as described in such paragraph shall not be considered a significant public health concern.