Destruction of Hazardous Imports Act

Clay Higgins

Republican · LA · Representative

Source: Congress.gov · FEC

• Troy A. Carter (D-LA-2)Original· 2025-04-08
• Randy K. Weber, Sr. (R-TX-14)· 2025-06-03
• Troy E. Nehls (R-TX-22)· 2025-06-12
• Julia Letlow (R-LA-5)· 2025-07-25
• Gregory F. Murphy (R-NC-3)· 2025-07-29
• W. Gregory Steube (R-FL-17)· 2025-09-03
• Mike Haridopolos (R-FL-8)· 2026-02-09
• Mike Ezell (R-MS-4)· 2026-02-25
• Gus M. Bilirakis (R-FL-12)· 2026-03-24
• Donald G. Davis (D-NC-1)· 2026-04-20
• Jennifer A. Kiggans (R-VA-2)· 2026-04-20
• Rosa L. DeLauro (D-CT-3)· 2026-04-20
• John H. Rutherford (R-FL-5)· 2026-04-21
• Cleo Fields (D-LA-6)· 2026-04-27
• Nancy Mace (R-SC-1)· 2026-05-14
• Kat Cammack (R-FL-3)· 2026-05-22
• Barry Moore (R-AL-1)· 2026-06-02
• Earl L. "Buddy" Carter (R-GA-1)· 2026-06-02

Placed on the Union Calendar, Calendar No. 613.

2026-06-18

Source: Congress.gov

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.

Plain-English rewrite of the Congressional Research Service summary published on Congress.gov. Cached and reviewed.

[Congressional Bills 119th Congress] [From the U.S. Government Publishing Office] [H.R. 2715 Introduced in House (IH)] <DOC> 119th CONGRESS 1st Session 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. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES April 8, 2025 Mr. Higgins of Louisiana (for himself and Mr. Carter of Louisiana) introduced the following bill; which was referred to the Committee on Energy and Commerce _______________________________________________________________________ A BILL 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. 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(a) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 381(a)) is amended-- (1) in the seventh sentence, by striking ``as described under subsection (b).'' and inserting ``as described under subsection (b), or any article refused admission under this section, if the Secretary of Health and Human Services determines that such article presents a significant public health concern.''; and (2) in the eighth, ninth, and tenth sentences, by striking ``drug or device'' each place it appears and inserting ``drug, device, or other article''. (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 the Secretary has decided to destroy under the seventh sentence of section 801(a).''. (c) Applicability.--The amendments made by subsections (a) and (b) shall apply to articles beginning on the date that is 180 days after the date of enactment of this Act. (d) Regulations.--The Secretary of Health and Human Services, acting through the Commissioner of Food and Drugs, shall-- (1) not later than 90 days after the date of enactment of this Act, finalize such revisions to regulations as may be necessary to implement the amendments made by subsections (a) and (b); and (2) ensure that such regulations are consistent with any applicable international agreements. <all>

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