Making America's Food Safer Act

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[S. 4974 Introduced in Senate (IS)]

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119th CONGRESS
  2d Session
                                S. 4974

To amend the Federal Food, Drug, and Cosmetic Act with respect to food
                                safety.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                             July 14, 2026

 Mr. Tuberville (for himself and Mr. Cassidy) introduced the following
  bill; which was read twice and referred to the Committee on Health,
                     Education, Labor, and Pensions

_______________________________________________________________________

                                 A BILL

To amend the Federal Food, Drug, and Cosmetic Act with respect to food
                                safety.

    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 ``Making America's Food Safer Act''.

SEC. 2. EXPANSION OF THE ACCREDITED THIRD-PARTY CERTIFICATION PROGRAM.

    (a) Revised Definitions.--Section 808(a) of the Federal Food, Drug,
and Cosmetic Act (21 U.S.C. 384d(a)) is amended--
            (1) by striking paragraph (6) and inserting the following:
            ``(6) Eligible entity.--The term `eligible entity' means a
        foreign or domestic entity, including a foreign or domestic
        facility subject to registration under section 415, in the food
        supply chain that chooses to be audited by an accredited third-
        party auditor or the audit agent of such accredited third-party
        auditor.''; and
            (2) in paragraph (7)(B)--
                    (A) in clause (i), by striking ``; or'' and
                inserting a semicolon;
                    (B) in clause (ii), by striking the period and
                inserting ``; or''; and
                    (C) by adding at the end the following:
                            ``(iii) whether a facility is eligible to
                        receive a food or facility certification for
                        other purposes described in subsection
                        (c)(2)(B)(ii).''.
    (b) Removing Limitations on the Use of Certifications.--Section
808(c)(2) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C.
384d(c)(2)) is amended--
            (1) in subparagraph (A), by striking ``food certification,
        described in section 801(q), or facility certification under
        section 806(a), as appropriate, to accompany each food shipment
        for import into the United States from an eligible entity'' and
        inserting ``food certification or facility certification for
        purposes described in subparagraph (B), as appropriate,''; and
            (2) by striking subparagraph (B) and inserting the
        following:
                    ``(B) Purpose of certification.--
                            ``(i) In general.--The Secretary shall use
                        certification provided by accredited third-
                        party auditors to--
                                    ``(I) determine, in conjunction
                                with any other assurances the Secretary
                                may require under section 801(q),
                                whether a food satisfies the
                                requirements of such section; and
                                    ``(II) determine whether a facility
                                is eligible to be a facility from which
                                food may be offered for import under
                                the voluntary qualified importer
                                program under section 806.
                            ``(ii) Other considerations.--The Secretary
                        may consider the results of regulatory audits
                        and food or facility certifications provided by
                        accredited third-party auditors under this
                        section in analyzing risks and prioritizing
                        inspections and other regulatory activities, as
                        appropriate for the protection of public
                        health.''.
    (c) Technical and Conforming Amendments.--Section 808 of the
Federal Food, Drug, and Cosmetic Act (21 U.S.C. 384d) is amended--
            (1) in subsection (b)(1), by amending subparagraph (A) to
        read as follows:
                    ``(A) Recognition of accreditation bodies.--Not
                later than 2 years after the date of enactment of the
                Making America's Food Safer Act, the Secretary shall
                establish a system for the recognition of accreditation
                bodies that accredit third-party auditors to certify
                that eligible entities meet the applicable requirements
                of this section.'';
            (2) in subsection (c)--
                    (A) in paragraphs (1) and (2), by striking ``(or,
                in the case of direct accreditation under subsection
                (b)(1)(A)(ii), the Secretary)'' each place it appears;
                    (B) in paragraph (2)(C)(i), by striking ``food
                certification under section 801(q) or a facility
                certification described under this subparagraph (B)''
                and inserting ``food certification or a facility
                certification described in this section'';
                    (C) in paragraph (6)(A)(i), by striking ``food
                certified under section 801(q) or from a facility
                certified under paragraph (2)(B)'' and inserting ``food
                or facility certified under this section'';
                    (D) in paragraph (6)(C), by striking ``requirements
                under section 801(q), of certifying the food, or the
                requirements under paragraph (2)(B) of certifying the
                entity'' and inserting ``requirements for certifying
                the food or facility under this section''; and
                    (E) in paragraph (7)(B)(i), by striking ``, through
                direct accreditation under subsection (b)(1)(A)(ii)
                or''; and
            (3) in subsection (d)--
                    (A) in paragraph (1), by striking ``or'';
                    (B) at the end of paragraph (2), by striking the
                period and inserting ``; or''; and
                    (C) by adding at the end the following new
                paragraph:
            ``(3) otherwise seeks certification for purposes of
        subsection (c)(2)(B)(ii).''.

SEC. 3. SHARING FOOD SAFETY INFORMATION WITH STATE, LOCAL, TRIBAL, AND
              TERRITORIAL AUTHORITIES.

    (a) In General.--Section 708 of the Federal Food, Drug, and
Cosmetic Act (21 U.S.C. 379) is amended by adding at the end the
following:
    ``(d) Sharing Food Safety Information With State, Local, Tribal,
and Territorial Authorities.--
            ``(1) Authorization.--Notwithstanding section 301(j) and
        any other law, regulation, or policy, the Secretary may share,
        with a State, local, Tribal, or territorial authority with
        counterpart functions related to the protection of public
        health, unredacted information in the possession of the Food
        and Drug Administration relating to any of the following:
                    ``(A) Foodborne illness surveillance data.
                    ``(B) Laboratory sampling testing information.
                    ``(C) Inspectional information and results.
                    ``(D) Distribution lists for recalls and outbreaks.
                    ``(E) Consumer complaints.
                    ``(F) Any other information the Secretary
                determines will assist such authority in protecting the
                public.
            ``(2) Timing.--The Secretary may share information pursuant
        to paragraph (1) as soon as is reasonably practicable.
            ``(3) Limitation on further disclosure.--A State, local,
        Tribal, or Territorial authority in receipt of information
        provided by the Secretary under this subsection shall not
        further disclose such information without permission of the
        Food and Drug Administration unless such authority determines
        that disclosure of such information is necessary to contain a
        foodborne illness outbreak, carry out a recall, or carry out
        other State enforcement activities.
            ``(4) Effect of subsection.--Nothing in this subsection
        affects the authority of the Secretary to enter into any
        written agreement authorized by other provisions of law to
        share confidential information.''.
    (b) Conforming Amendment.--The first sentence of section 301(j) of
the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 331(j)) is amended
by striking the second period at the end.

SEC. 4. DESTRUCTION OF CERTAIN REFUSED ARTICLES.

    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) Order To Destroy Certain Refused Articles.--For any article
that has been refused admission and is in violation of this Act, the
Secretary of Health and Human Services may issue to the owner or
consignee an order that the article shall be destroyed, without the
opportunity to export, if the Secretary of Health and Human Services
finds that the article presents a significant public health concern.
Before issuing an order to destroy an article under this subsection,
the Secretary of Health and Human Services shall issue regulations
providing for notice and an opportunity to appear before the Secretary
of Health and Human Services and introduce testimony on the order to
destroy. The regulations shall provide that prior to the destruction of
any such article, appropriate due process is available to the owner or
consignee seeking to challenge the Secretary of Health and Human
Service's decision to order destruction. Such process may be combined
with the notice and opportunity to appear before the Secretary and
introduce testimony on the refusal as long as appropriate notice is
provided to the owner or consignee about the potential order to
destroy. The Secretary of the Treasury shall cause the owner or
consignee to complete the destruction of any such article within 90
days of the order for destruction and the owner or consignee shall be
responsible for the costs of such destruction.''.
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