S. 4974 · Passed Senate · Health

Making America's Food Safer Act

Sponsor: Tommy Tuberville (R-AL)

What it does

• Authorizes the FDA to order destruction of unsafe imported foods that present a significant public health concern, without opportunity for export, after providing due process to the owner or consignee.
• Requires destruction to be completed within 90 days at the owner or consignee's cost.
• Permits the FDA to share unredacted food safety information with state, local, tribal, and territorial authorities, including data on foodborne illness, recalls, and outbreaks.
• Expands the FDA's third-party audit system to make domestic food facilities eligible for voluntary audits, in addition to foreign facilities.
• Authorizes the FDA to use audit results and certifications to analyze risks and prioritize regulatory actions.

Official 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…

Latest action

Oct 5, 2026: Held at the desk.

Committee: Senate Health, Education, Labor, and Pensions