[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[S. 4974 Reported in Senate (RS)]

<DOC>





                                                       Calendar No. 530
119th CONGRESS
  2d Session
                                S. 4974

To amend the Federal Food, Drug, and Cosmetic Act with respect to food 
                                safety.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             July 14, 2026

Mr. Tuberville (for himself, Mr. Cassidy, and Mr. Kaine) introduced the 
 following bill; which was read twice and referred to the Committee on 
                 Health, Education, Labor, and Pensions

                             July 28, 2026

               Reported by Mr. Cassidy, with an amendment
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]

_______________________________________________________________________

                                 A BILL


 
To amend the Federal Food, Drug, and Cosmetic Act with respect to food 
                                safety.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

<DELETED>SECTION 1. SHORT TITLE.</DELETED>

<DELETED>    This Act may be cited as the ``Making America's Food Safer 
Act''.</DELETED>

<DELETED>SEC. 2. EXPANSION OF THE ACCREDITED THIRD-PARTY CERTIFICATION 
              PROGRAM.</DELETED>

<DELETED>    (a) Revised Definitions.--Section 808(a) of the Federal 
Food, Drug, and Cosmetic Act (21 U.S.C. 384d(a)) is amended--</DELETED>
        <DELETED>    (1) by striking paragraph (6) and inserting the 
        following:</DELETED>
        <DELETED>    ``(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</DELETED>
        <DELETED>    (2) in paragraph (7)(B)--</DELETED>
                <DELETED>    (A) in clause (i), by striking ``; or'' 
                and inserting a semicolon;</DELETED>
                <DELETED>    (B) in clause (ii), by striking the period 
                and inserting ``; or''; and</DELETED>
                <DELETED>    (C) by adding at the end the 
                following:</DELETED>
                        <DELETED>    ``(iii) whether a facility is 
                        eligible to receive a food or facility 
                        certification for other purposes described in 
                        subsection (c)(2)(B)(ii).''.</DELETED>
<DELETED>    (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--</DELETED>
        <DELETED>    (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</DELETED>
        <DELETED>    (2) by striking subparagraph (B) and inserting the 
        following:</DELETED>
                <DELETED>    ``(B) Purpose of certification.--
                </DELETED>
                        <DELETED>    ``(i) In general.--The Secretary 
                        shall use certification provided by accredited 
                        third-party auditors to--</DELETED>
                                <DELETED>    ``(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</DELETED>
                                <DELETED>    ``(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.</DELETED>
                        <DELETED>    ``(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.''.</DELETED>
<DELETED>    (c) Technical and Conforming Amendments.--Section 808 of 
the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 384d) is amended--
</DELETED>
        <DELETED>    (1) in subsection (b)(1), by amending subparagraph 
        (A) to read as follows:</DELETED>
                <DELETED>    ``(A) Recognition of accreditation 
                bodies.--Not later than 2 years after the date of 
                enactment of the Making America's Food Safer Act, the 
                Secretary shall establish a system for the recognition 
                of accreditation bodies that accredit third-party 
                auditors to certify that eligible entities meet the 
                applicable requirements of this section.'';</DELETED>
        <DELETED>    (2) in subsection (c)--</DELETED>
                <DELETED>    (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;</DELETED>
                <DELETED>    (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'';</DELETED>
                <DELETED>    (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 facility certified under this 
                section'';</DELETED>
                <DELETED>    (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</DELETED>
                <DELETED>    (E) in paragraph (7)(B)(i), by striking 
                ``, through direct accreditation under subsection 
                (b)(1)(A)(ii) or''; and</DELETED>
        <DELETED>    (3) in subsection (d)--</DELETED>
                <DELETED>    (A) in paragraph (1), by striking 
                ``or'';</DELETED>
                <DELETED>    (B) at the end of paragraph (2), by 
                striking the period and inserting ``; or''; 
                and</DELETED>
                <DELETED>    (C) by adding at the end the following new 
                paragraph:</DELETED>
        <DELETED>    ``(3) otherwise seeks certification for purposes 
        of subsection (c)(2)(B)(ii).''.</DELETED>

<DELETED>SEC. 3. SHARING FOOD SAFETY INFORMATION WITH STATE, LOCAL, 
              TRIBAL, AND TERRITORIAL AUTHORITIES.</DELETED>

<DELETED>    (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:</DELETED>
<DELETED>    ``(d) Sharing Food Safety Information With State, Local, 
Tribal, and Territorial Authorities.--</DELETED>
        <DELETED>    ``(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:</DELETED>
                <DELETED>    ``(A) Foodborne illness surveillance 
                data.</DELETED>
                <DELETED>    ``(B) Laboratory sampling testing 
                information.</DELETED>
                <DELETED>    ``(C) Inspectional information and 
                results.</DELETED>
                <DELETED>    ``(D) Distribution lists for recalls and 
                outbreaks.</DELETED>
                <DELETED>    ``(E) Consumer complaints.</DELETED>
                <DELETED>    ``(F) Any other information the Secretary 
                determines will assist such authority in protecting the 
                public.</DELETED>
        <DELETED>    ``(2) Timing.--The Secretary may share information 
        pursuant to paragraph (1) as soon as is reasonably 
        practicable.</DELETED>
        <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(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.''.</DELETED>
<DELETED>    (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 by striking the second period at the end.</DELETED>

<DELETED>SEC. 4. DESTRUCTION OF CERTAIN REFUSED ARTICLES.</DELETED>

<DELETED>    Section 801 of the Federal Food, Drug, and Cosmetic Act 
(21 U.S.C. 381) is amended by adding at the end the 
following:</DELETED>
<DELETED>    ``(v) Order To Destroy Certain Refused Articles.--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 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 regulations 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 Secretary of Health and Human 
Service's 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.''.</DELETED>

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Making America's Food Safer Act''.

SEC. 2. EXPANSION OF THE ACCREDITED THIRD-PARTY CERTIFICATION PROGRAM.

    (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).''.

SEC. 3. SHARING FOOD SAFETY INFORMATION WITH STATE, LOCAL, TRIBAL, AND 
              TERRITORIAL AUTHORITIES.

    (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.

SEC. 4. DESTRUCTION OF CERTAIN REFUSED ARTICLES.

    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'.''.
                                                       Calendar No. 530

119th CONGRESS

  2d Session

                                S. 4974

_______________________________________________________________________

                                 A BILL

To amend the Federal Food, Drug, and Cosmetic Act with respect to food 
                                safety.

_______________________________________________________________________

                             July 28, 2026

                       Reported with an amendment