Union Calendar No. 613
119th CONGRESS 2d Session |
[Report No. 119–705]
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.
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
June 18, 2026
Additional sponsors: Mr. Weber of Texas, Mr. Nehls, Ms. Letlow, Mr. Murphy, Mr. Steube, Mr. Haridopolos, Mr. Ezell, Mr. Bilirakis, Mrs. Kiggans of Virginia, Mr. Davis of North Carolina, Ms. DeLauro, Mr. Rutherford, Mr. Fields, Ms. Mace, Mrs. Cammack, Mr. Carter of Georgia, and Mr. Moore of Alabama
June 18, 2026
Reported with an amendment, committed to the Committee of the Whole House on the State of the Union, and ordered to be printed
[Strike out all after the enacting clause and insert the part printed in italic]
[For text of introduced bill, see copy of bill as introduced on April 8, 2025]
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,
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—
(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:
(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).
(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.
Union Calendar No. 613 | |||||
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[Report No. 119–705] | |||||
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. | |||||
June 18, 2026 | |||||
Reported with an amendment, committed to the Committee of the Whole House on the State of the Union, and ordered to be printed |