[Congressional Record Volume 172, Number 118 (Monday, July 20, 2026)]
[House]
[Pages H4637-H4639]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
DESTRUCTION OF HAZARDOUS IMPORTS ACT
Mr. GUTHRIE. Mr. Speaker, I move to suspend the rules and pass the
bill (H.R. 2715) to amend the Federal Food, Drug, and Cosmetic Act to
extend the destruction authority of the Secretary of Health and Human
Services to articles that present a significant public health concern,
and for other purposes, as amended.
The Clerk read the title of the bill.
The text of the bill is as follows:
H.R. 2715
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Destruction of Hazardous
Imports Act''.
SEC. 2. DESTRUCTION OF CERTAIN REFUSED ARTICLES.
(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).
[[Page H4638]]
(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).
The SPEAKER pro tempore. Pursuant to the rule, the gentleman from
Kentucky (Mr. Guthrie) and the gentleman from New Jersey (Mr. Pallone)
each will control 20 minutes.
The Chair recognizes the gentleman from Kentucky.
General Leave
Mr. GUTHRIE. Mr. Speaker, I ask unanimous consent that all Members
may have 5 legislative days to revise and extend their remarks on the
legislation and include extraneous material on H.R. 2715.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from Kentucky?
There was no objection.
Mr. GUTHRIE. Mr. Speaker, it looks like we have two friends from
Louisiana supporting this and who sponsored this bill today, Mr.
Higgins and Mr. Carter.
Mr. Speaker, I yield 5 minutes to the gentleman from Louisiana (Mr.
Higgins).
Mr. HIGGINS of Louisiana. Mr. Speaker, I thank the gentleman for
yielding me time.
Mr. Speaker, I rise today in support of H.R. 2715, the Destruction of
Hazardous Imports Act.
Mr. Speaker, H.R. 2715 ensures that contaminated imports, ranging
from radioactive seafood to illegal Chinese vapes, do not reach
American consumers and cause harm.
Initially, this legislation began as an effort to target toxin-laced
foreign seafood. However, my colleague, the gentleman from Louisiana
(Mr. Carter), and I quickly learned that the Department of Health and
Human Services cannot destroy other articles, including food, devices,
and specific drugs, even though they may pose serious health risks.
Without the authority granted within H.R. 2715, dangerous and
poisonous imports can find their way to American markets. This
legislation grants the Food and Drug Administration additional
authority to destroy any articles that fail initial inspection,
preventing foreign importers from port-shopping or rebranding their
products.
This legislation introduces strict penalties for the reintroduction
of destroyed items into interstate commerce, ensuring that harmful
imported goods are permanently barred from entering our markets. Bad
actors attempting to undermine these enforcement measures will face
accountability.
Strengthening this legislative framework will protect public safety
and reinforce our commitment to stringent oversight of imported goods
to mirror the American safety standards that American producers must
live with.
In January, the FDA released its legislative proposals for fiscal
year 2026. This included a request for the authority to require
importers to destroy any FDA-related product that is refused entry into
the United States and that presents a significant public health
concern.
H.R. 2715 supports the administration and follows through by adding
the FDA's existing authority to destroy imported medical devices and
medications with any article that poses a health risk to the public.
As we work to improve our Nation's health and reverse the lingering
effects of unfair trade policies, it is essential that the FDA has the
authority to eliminate toxic foods and drugs from our country.
The Destruction of Hazardous Imports Act protects Americans' health
and prioritizes our domestic industry. I urge full support and swift
passage, Mr. Speaker.
{time} 1440
Mr. PALLONE. Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, I rise in support of H.R. 2715, the Destruction of
Hazardous Imports Act, led by Representatives Carter and Higgins of
Louisiana.
This bill would provide the Food and Drug Administration with the
authority to require importers to destroy products that pose a
significant public health concern, preventing them from being shipped
to another port of entry.
These products have, in fact, included food contaminated with
salmonella, listeria, and carcinogenic unapproved animal drugs, as well
as misbranded medical devices. It also includes illegal e-cigarette
products that are flooding the market from places like China.
These are dangerous products, Mr. Speaker. Providing the FDA with the
authority to compel destruction and requiring the importer to pay for
such destruction will provide a strong disincentive to those seeking to
prioritize profits over product safety. We need to make sure Americans
are not unwittingly exposed to harmful products, and this authority is
going to prevent that.
Mr. Speaker, I encourage all my colleagues to vote ``yes'' on H.R.
2715, and I reserve the balance of my time.
Mr. GUTHRIE. Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, I really appreciate my friends from Louisiana, both of
them, for bringing this forward. This is important. Think about what we
are talking about here. Contaminated seafood, illicit drugs, and all of
these other things are getting stopped at a port of entry, but FDA has
no authority to destroy them. As my friend from New Jersey said, they
get returned and come in through another port.
As good as our people are at our ports of entry, if you keep sending
the same thing through over and over, eventually it is going to get
through. It makes no sense not to allow the FDA to destroy these
products.
Mr. Speaker, I support this bill, and I reserve the balance of my
time.
Mr. PALLONE. Mr. Speaker, I yield 4 minutes to the gentleman from
Louisiana (Mr. Carter), a member of our committee, my colleague, and
the Democratic sponsor of this bill.
Mr. CARTER of Louisiana. Mr. Speaker, I rise today in support of H.R.
2715, the Destruction of Hazardous Imports Act, which I introduced with
my Louisiana colleague Representative Clay Higgins.
This bill will protect American consumers and create a level playing
field for American businesses by authorizing the Food and Drug
Administration to order the destruction of imported products found to
pose a significant public health concern.
Under current law, foreign exporters can ship contaminated or
counterfeit products to the U.S. knowing they can withdraw the shipment
if FDA flags it. They can then try to enter through a different port
where the shipment may not be caught, a practice known as port
shopping. This loophole endangers our health and undermines our food
and drug safety systems.
This bill authorizes the Food and Drug Administration to require an
importer to destroy an FDA-regulated product that was refused entry
into the U.S. because it poses a significant public health concern with
the cost of the destruction at the importer's expense. This bill also
prohibits the unauthorized movement of any article designated for
destruction by the FDA.
Some imported foods, especially seafood, have been found to be
contaminated with carcinogenic drugs, pesticides, and other harmful
impurities.
Beyond food, there has been a rise in imports of dangerous vape
devices and e-liquids containing banned substances and excessive
nicotine, as well as counterfeit drugs like GLP-1s.
This threat is real and documented. Exporters, especially Chinese
exporters, have been caught resubmitting rejected shipments at
different ports. This bill closes that loophole and creates a deterrent
for bad actors.
Congressman Higgins and I have worked hand in hand with our domestic
fishing industry on this legislation, including the Southern Shrimp
Alliance. American fishermen perform backbreaking work and operate
under strict U.S. food safety, labor, and environmental rules that
raise their costs significantly. Meanwhile, some foreign producers cut
corners and still get multiple chances to dump noncompliant and often
dangerous products into the American marketplace.
Seafood imports continue to pour into the United States, increasing
in
[[Page H4639]]
volume each year, undercutting domestic fishermen. Last year, the U.S.
imported 6.4 billion pounds of foreign seafood, a 10 percent increase
from 2019.
As imports have increased, American commercial seafood landings have
declined. In 2024, the U.S. commercial landings totaled 7.7 billion
pounds, the first time landings have been below 8 billion pounds since
1988.
Louisiana's commercial fishing industry has particularly been hit
hard by this flood of foreign imports. Since 2021, Louisiana shrimpers
have seen the value of their catch drop by more than 50 percent,
falling from $131 million in 2021 to just $61 million in 2024. As you
can see, this is, in fact, a real threat.
Passing this bill will deter bad actors from flooding the market with
unsafe products and provide American fishermen with a fair playing
field, allowing them to sustainably harvest millions of additional
pounds of shrimp and other seafood each year.
This is a real issue, and I am proud to be working in a bipartisan
way to address an issue that will impact not just Louisiana but our
entire country.
Mr. Speaker, I urge the passage of this critical legislation.
Mr. PALLONE. Mr. Speaker, I urge support for this bipartisan bill,
and I yield back the balance of my time.
Mr. GUTHRIE. Mr. Speaker, I encourage my colleagues to vote for this
bipartisan bill, and I yield back the balance of my time.
The SPEAKER pro tempore. The question is on the motion offered by the
gentleman from Kentucky (Mr. Guthrie) that the House suspend the rules
and pass the bill, H.R. 2715, as amended.
The question was taken; and (two-thirds being in the affirmative) the
rules were suspended and the bill, as amended, was passed.
A motion to reconsider was laid on the table.
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