Destruction of Hazardous Imports Act

Text in the Record

Mr. GUTHRIE. Mr. Speaker, I move to suspend the rules and pass the bill (H.R. 2715) to amend the Federal Food, Drug, and Cosmetic Act to extend the destruction authority of the Secretary of Health and Human Services to articles that present a significant public health concern, and for other purposes, as amended. The Clerk read the title of the bill. The text of the bill is as follows:

H.R. 2715

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 ``Destruction of Hazardous Imports Act''.

SEC. 2. DESTRUCTION OF CERTAIN REFUSED ARTICLES.

(a) In General.--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) Destruction of Refused Articles Presenting Significant Public Health Concerns.-- ``(1) In general.--If the Secretary of Health and Human Services finds that an article that has been refused admission under subsection (a) presents a significant public health concern, the Secretary may issue to the owner or consignee of the article an order to destroy the article, without the opportunity for export. ``(2) Deadline; costs.--Not later than 90 days after the issuance of an order under paragraph (1), the owner or consignee of the article shall destroy the article. The owner or consignee shall be responsible for the costs of such destruction. ``(3) Due process.--The Secretary of Health and Human Services shall provide to the owner or consignee of an article subject to an order under paragraph (1) appropriate due process prior to the destruction of the article. Such due process shall be specified in regulations and include notice and an opportunity to appear before the Secretary and introduce testimony on the destruction-- ``(A) in combination with the notice and opportunity to appear and introduce testimony on the refusal of admission of the article under subsection (a); or ``(B) separately.''. (b) Prohibited Acts.--Section 301 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 331) is amended by adding at the end the following: ``(jjj) The unauthorized movement, or introduction or delivery for introduction into interstate commerce, including export, of an article that is subject to an order for destruction under section 801(v).''. (c) Applicability.--The amendments made by subsections (a) and (b) shall apply to articles beginning on the date that is 30 days after the date on which the Secretary of Health and Human Services, acting through the Commissioner of Food and Drugs, promulgates final regulations under subsection (d).

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(d) Regulations.-- (1) Proposed.--Not later than 18 months after the date of enactment of this Act, the Secretary of Health and Human Services, acting through the Commissioner of Food and Drugs, shall issue proposed regulations to implement the amendment made by subsection (a), allowing for notice and comment on such proposed regulations. (2) Final.--Not later than 1 year after the issuance of the proposed regulations under paragraph (1), the Secretary of Health and Human Services, acting through the Commissioner of Food and Drugs, shall promulgate final regulations to implement the amendment made by subsection (a).

The SPEAKER pro tempore. Pursuant to the rule, the gentleman from Kentucky (Mr. Guthrie) and the gentleman from New Jersey (Mr. Pallone) each will control 20 minutes. The Chair recognizes the gentleman from Kentucky.

General Leave

Mr. GUTHRIE. Mr. Speaker, I ask unanimous consent that all Members may have 5 legislative days to revise and extend their remarks on the legislation and include extraneous material on H.R. 2715. The SPEAKER pro tempore. Is there objection to the request of the gentleman from Kentucky? There was no objection. Mr. GUTHRIE. Mr. Speaker, it looks like we have two friends from Louisiana supporting this and who sponsored this bill today, Mr. Higgins and Mr. Carter. Mr. Speaker, I yield 5 minutes to the gentleman from Louisiana (Mr. Higgins). Mr. HIGGINS of Louisiana. Mr. Speaker, I thank the gentleman for yielding me time. Mr. Speaker, I rise today in support of H.R. 2715, the Destruction of Hazardous Imports Act. Mr. Speaker, H.R. 2715 ensures that contaminated imports, ranging from radioactive seafood to illegal Chinese vapes, do not reach American consumers and cause harm. Initially, this legislation began as an effort to target toxin-laced foreign seafood. However, my colleague, the gentleman from Louisiana (Mr. Carter), and I quickly learned that the Department of Health and Human Services cannot destroy other articles, including food, devices, and specific drugs, even though they may pose serious health risks. Without the authority granted within H.R. 2715, dangerous and poisonous imports can find their way to American markets. This legislation grants the Food and Drug Administration additional authority to destroy any articles that fail initial inspection, preventing foreign importers from port-shopping or rebranding their products. This legislation introduces strict penalties for the reintroduction of destroyed items into interstate commerce, ensuring that harmful imported goods are permanently barred from entering our markets. Bad actors attempting to undermine these enforcement measures will face accountability. Strengthening this legislative framework will protect public safety and reinforce our commitment to stringent oversight of imported goods to mirror the American safety standards that American producers must live with. In January, the FDA released its legislative proposals for fiscal year 2026. This included a request for the authority to require importers to destroy any FDA-related product that is refused entry into the United States and that presents a significant public health concern. H.R. 2715 supports the administration and follows through by adding the FDA's existing authority to destroy imported medical devices and medications with any article that poses a health risk to the public. As we work to improve our Nation's health and reverse the lingering effects of unfair trade policies, it is essential that the FDA has the authority to eliminate toxic foods and drugs from our country. The Destruction of Hazardous Imports Act protects Americans' health and prioritizes our domestic industry. I urge full support and swift passage, Mr. Speaker.

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