The bill aims to enhance food safety by expanding the accredited third-party certification program for foreign and domestic entities in the food supply chain, allowing for more rigorous inspections and certifications through accredited auditors. It also authorizes sharing unredacted food safety information with State, local, Tribal, and territorial authorities to facilitate better coordination in protecting public health. Additionally, the bill allows the Secretary of Health and Human Services to order the destruction of refused articles posing significant public health concerns, with regulations for due process. These measures collectively seek to improve food safety oversight, collaboration with authorities, and the handling of hazardous food articles.
Making America's Food Safer Act
This bill expands the Food and Drug Administration’s (FDA’s) authority to require the destruction of unsafe imported foods, share food safety information, and make use of food facility audit information.
Specifically, the bill authorizes the FDA to order the destruction, without the opportunity for export, of any item that (1) is refused import into the United States; (2) violates federal law regulating food, drugs, medical devices, cosmetics, and tobacco products; and (3) presents a significant public health concern. Before issuing a destruction order, the FDA must provide an item’s owner or consignee with appropriate due process, including notice and an opportunity to appear. If an order is issued, the item’s owner or consignee must destroy it within 90 days at their own cost.
The bill also generally authorizes the FDA to share unredacted food safety information with state, local, tribal, and territorial authorities, including information related to foodborne illness tracking, recalls and outbreaks, and other topics. During a food safety incident, the FDA may disclose certain commercial information that is otherwise protected from disclosure.
Finally, the bill expands the FDA’s third-party audit system to make domestic food facilities eligible for voluntary audits. (Foreign facilities are eligible under current law.) The bill also authorizes the FDA to use audit results and related certifications to analyze risks and prioritize regulatory activities (e.g., inspections) to protect public health. (This information is currently used to determine whether specific food, or food from a specific facility, is eligible for import.)
