Destruction of Hazardous Imports Act
Latest Action
Received in the Senate and Read twice and referred to the Committee on Health, Education, Labor, and Pensions.
Official Summary
Destruction of Hazardous Imports Act This bill expands the Food and Drug Administration’s (FDA’s) authority to require the destruction of certain items that are refused import into the United States and pose a risk to public health. Under current law, imported food, drugs, medical devices, tobacco products, and cosmetics are subject to FDA review. If an imported item is deficient in a specified manner (e.g., counterfeit, misbranded, or manufactured under insanitary conditions), the item is generally refused admission to the United States. An item refused admission may generally be exported, except that the FDA may destroy a drug, medical device, or tobacco product that is valued under $2,500 without the opportunity for export. Under the bill, the FDA may order the destruction, without the opportunity for export, of any food, drug, medical device, tobacco product, or cosmetic that is refused admission if the item presents a significant public health concern. If such an order is issued, the item’s owner or consignee must destroy it within 90 days at their own cost. The bill also prohibits the unauthorized movement (e.g., export) of an item subject to a destruction order. A violator is subject to a fine, a prison term of up to one year, or both. The FDA must promulgate regulations to carry out these provisions. These regulations must provide for due process for the owner or consignee of an item subject to a destruction order, including notice and an opportunity to appear before the item is destroyed.
GovScope Watchdog™
AI Government Intelligence™The Destruction of Hazardous Imports Act expands the FDA's authority to require destruction of imported food, drugs, medical devices, tobacco products, and cosmetics that are refused entry into the U.S. and pose significant public health risks. Previously, the FDA could destroy certain low-value drugs, medical devices, or tobacco products without export opportunity. This bill broadens that authority to include all such items presenting significant health concerns, regardless of value, and mandates destruction within 90 days at the owner's expense. It also prohibits unauthorized movement of items subject to destruction orders, with penalties including fines and imprisonment. The FDA must establish regulations ensuring due process, including notice and opportunity to contest before destruction.
This bill enhances FDA powers to destroy hazardous imports posing public health risks, introduces penalties for unauthorized handling, and requires due process protections for affected parties.
- Expands FDA authority to order destruction of refused imported food, drugs, medical devices, tobacco products, and cosmetics that present significant public health concerns.
- Requires owners or consignees to destroy such items within 90 days at their own cost.
- Prohibits unauthorized movement of items subject to destruction orders, with penalties including fines and up to one year imprisonment.
- Mandates FDA to promulgate regulations providing due process, including notice and opportunity to appear before destruction.
['Food and Drug Administration (FDA) through enhanced enforcement authority', 'Public health by reducing risk from hazardous imported products', 'Consumers by potentially limiting exposure to unsafe imported goods']
['Costs imposed on owners or consignees for destruction of refused imports', 'Implementation challenges in enforcing destruction orders and preventing unauthorized movement', 'Ensuring due process protections are adequately provided in FDA regulations', 'Potential administrative burden on FDA to develop and enforce new regulations']
The bill was introduced in the House during the 119th Congress and has been received in the Senate, where it was referred to the Committee on Health, Education, Labor, and Pensions. It builds on existing FDA import enforcement laws by broadening destruction authority to address public health risks from hazardous imports. The policy area is health, reflecting ongoing congressional interest in food and drug safety.
High concern review — 3 hidden impact flags detected
GovScope reviewed 3 policy-risk categories. Hover for a quick definition. Click detected flags for bill-specific details.
['Potential reduction in availability of certain imported products due to increased destruction orders.', 'Increased administrative workload for FDA and importers related to compliance and enforcement.', 'Possible deterrent effect on importers considering shipment of items that could be refused admission.']
Key oversight considerations include monitoring FDA's development and enforcement of regulations to ensure due process protections are upheld, assessing the financial impact on importers required to destroy goods, and evaluating enforcement consistency and fairness regarding criminal penalties for unauthorized movement of refused imports.
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