April 8, 2025
Mr. Higgins of Louisiana (for himself and Mr. Carter of Louisiana) introduced the following bill; which was referred to the Committee on Energy and Commerce
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.
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(a) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 381(a)) is amended—
(1)
in the seventh sentence, by striking as described under subsection (b).
and inserting as described under subsection (b), or any article refused admission under this section, if the Secretary of Health and Human Services determines that such article presents a significant public health concern.
; and
(2)
in the eighth, ninth, and tenth sentences, by striking drug or device
each place it appears and inserting drug, device, or other article
.
(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 the Secretary has decided to destroy under the seventh sentence of section 801(a).
(c) Applicability
The amendments made by subsections (a) and (b) shall apply to articles beginning on the date that is 180 days after the date of enactment of this Act.
(d) Regulations
The Secretary of Health and Human Services, acting through the Commissioner of Food and Drugs, shall—
(1)
not later than 90 days after the date of enactment of this Act, finalize such revisions to regulations as may be necessary to implement the amendments made by subsections (a) and (b); and
(2)
ensure that such regulations are consistent with any applicable international agreements.