S-4974 — Making America's Food Safer Act

YourVoice.Now Summary

Your MoneyCivil LibertiesCorporate BenefitsTransparency & Accountability

State health officials could see FDA's full outbreak files — and refused imports could be destroyed, not sent back out.

Your Money

Unsafe imported food destroyed, not sent back out

Today an importer whose goods are turned away at the border may be able to ship them somewhere else. The bill would let FDA order destruction instead when it finds a significant public health concern.

Personal-use prescription drugs from abroad — exempt from destruction orders

The destruction power would not reach a prescription drug that is not a controlled substance when an individual brings it in for personal or household use. The bill also says such a drug is not a significant public health concern.

Civil Liberties

Option to export refused goods — destruction could be ordered instead

The owner would lose the choice to send refused goods back out of the country. Before an order, the owner would get notice and a chance to appear and testify, and FDA could combine those two steps into one proceeding.

Privacy of consumer complaints — shared unredacted with state agencies

FDA could hand state, local, Tribal, and territorial health agencies its records with nothing blacked out, including consumer complaints. A receiving agency could pass the records on further if it decides that is needed for an outbreak, a recall, or its own enforcement.

Corporate Benefits

Voluntary outside audits open to U.S. food plants

The bill writes both foreign and U.S. food businesses into the list of who may choose an approved outside auditor. Taking part stays voluntary.

Private audit results used to set FDA inspection priorities

FDA could look at the results of these private audits when it decides which plants to inspect and what else to work on. The business itself chooses whether to be audited.

Importers pay to destroy refused goods — within 90 days

An owner or consignee ordered to destroy refused goods would cover the cost. The work would have to be finished within 90 days of the order.

Transparency & Accountability

Information released during food outbreaks — including protected business data

Federal law normally bars officials from releasing a company's confidential business information. The bill would let FDA release it anyway when that advances public health during an outbreak, a contamination investigation, or a recall.

Public comment on destruction rules — proposed within 18 months

FDA would have to publish proposed rules for the destruction power within 18 months and take public comment on them. Final rules would be due within one year after that.

FDA's own power to approve auditors — backup option removed

The bill would delete FDA's fallback option to approve third-party auditors itself if no outside accreditation body steps up. Approval would rest with those outside bodies.

More about this bill

If a food outbreak hit, state and local health officials could get FDA case files faster. That includes lab test results, inspection reports, recall distribution lists, and consumer complaints, with nothing blacked out. FDA could also release business information it normally has to keep secret. That would be allowed when it helps protect public health during an outbreak, a contamination investigation, or a recall. Most shoppers would notice no change at the store. The direct effects land on companies that bring food into the country. When FDA turns away an import it calls a significant public health concern, it could order the goods destroyed instead of shipped back out. The owner would have 90 days to destroy them. The owner would also pay the cost. Owners would first get notice, a chance to appear, and a chance to testify. Medicine for your own use is carved out. A prescription drug that is not a controlled substance, brought in for personal or household use, could not be destroyed this way. FDA would have 18 months to propose the rules, then one more year to finish them. Separately, U.S. food plants could choose to be audited by an approved outside auditor. FDA could weigh those private audit results when deciding where to send inspectors.

Congressional Summary

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.)

Legislative Subjects

Administrative law and regulatory proceduresDepartment of Health and Human ServicesFood supply, safety, and labelingIntergovernmental relationsLicensing and registrations

Details

Congress: 119th
Chamber: Senate
Status: summarized
Action: Passed Senate
Action Date: 2026-09-28
Date Added: 2026-09-19
Source: Congress.gov →

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