Right now, when U.S. Customs refuses entry to an imported product because it's contaminated, mislabeled, or otherwise poses a health risk, the importer can sometimes simply re-export it to another country instead of destroying it. The Destruction of Hazardous Imports Act would close that option for the Food and Drug Administration's most serious cases: if HHS finds that a refused product presents a significant public health concern, it can order the importer to destroy the product within 90 days, at the importer's own expense, with no option to ship it elsewhere. Importers still get a hearing first — they're entitled to notice and a chance to argue against the destruction order before it takes effect. The rule wouldn't take effect until HHS finalizes regulations, a process expected to take more than two years after enactment.
Civil Liberties
- Export option for refused imports — Eliminated for products HHS finds pose a significant public health concern, requiring destruction instead
- Due process rights — Importers gain a guaranteed notice-and-hearing opportunity before a destruction order takes effect
Congressional Summary
Destruction of Hazardous Imports ActThis 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.
Legislative Subjects
Details
- Congress
- 119th
- Chamber
- House
- Status
- summarized
- Action
- Reported to House
- Action Date
- 2026-06-18
- Date Added
- 2026-07-09
- Source
- Congress.gov →
Like reading a bill in plain English?
We're building an app that does this for every bill in Congress and lets you tell your reps how you want them to vote. We're a small team getting ready to launch, and we're trying to show investors that real people want this. Be one of them. Help us get it built. Leave your email and we'll tell you the moment the app is ready.