S. 4974

119 S4974 IS: Making America's Food Safer Act
 U.S. Senate
 2026-07-14
 text/xml
 EN
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 II  119th CONGRESS  2d Session  S. 4974  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.
1.
Short title
This Act may be cited as the   Making America's Food Safer Act  .
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).
 .
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.
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.
 .