H.R. 2715 · Passed House · Health
Destruction of Hazardous Imports Act
Sponsor: Clay Higgins (R-LA)
What it does
- Expand FDA authority to order destruction of refused food, drugs, medical devices, tobacco, and cosmetics if they present a significant public health concern, without requiring export opportunity.
- Require owners or consignees to destroy items subject to FDA destruction orders within 90 days at their own cost.
- Prohibit unauthorized movement or export of items under FDA destruction orders, with penalties up to one year imprisonment and fines for violators.
- Require FDA to promulgate regulations that include due process protections, notice, and opportunity for owners or consignees to be heard before destruction orders take effect.
Official summary
Destruction of Hazardous Imports Act This 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…
Latest action
Jul 21, 2026: Received in the Senate and Read twice and referred to the Committee on Health, Education, Labor, and Pensions.
Committee: Senate Health, Education, Labor, and Pensions