Destruction of Hazardous Imports Act
Summary
What This Bill Does
The Destruction of Hazardous Imports Act gives FDA broader authority over refused imports that present significant public health concerns. It amends FDCA section 801 so HHS can order destruction not only for articles already described in subsection (b), but also for any refused article if the Secretary determines it presents a significant public health concern. It updates related sentences so the destruction process applies to a drug, device, or other article. It also amends FDCA section 301 to make unauthorized movement, export, or interstate introduction of an article selected for destruction a prohibited act.
Who Benefits and How
FDA import enforcement staff benefit from clearer authority to destroy hazardous refused articles rather than relying only on refusal or export. Patients and consumers benefit from reduced risk that dangerous refused imports are moved, reintroduced, exported, or otherwise distributed. Domestic manufacturers following FDA rules may benefit from stronger enforcement against hazardous imported articles. Customs brokers and import logistics firms benefit from clearer rules about articles subject to destruction, even though they also face compliance duties.
Who Bears the Burden and How
Importers of refused articles face higher loss risk because HHS can destroy a broader set of goods deemed a significant public health concern. Import logistics companies must avoid unauthorized movement or delivery of articles selected for destruction. The Food and Drug Administration must finalize implementing regulations within 90 days and ensure consistency with international agreements. Exporters of refused hazardous articles lose the option to move selected articles after a destruction decision.
Key Provisions
- Expands FDCA section 801 destruction authority to any refused article that HHS determines presents a significant public health concern.
- Amends destruction-process language so it covers drugs, devices, and other articles.
- Prohibits unauthorized movement, export, introduction, or delivery for interstate commerce of an article selected for destruction.
- Applies the statutory amendments beginning 180 days after enactment.
- Requires HHS and FDA to finalize implementing regulations within 90 days and keep them consistent with international agreements.
Evidence Chain:
This summary is generated from the full bill text using AI analysis. Expand "Detailed Analysis" below for identified beneficiaries/burden bearers with clause-level evidence links.
At a Glance
What This Bill Does
Expands FDA import-destruction authority by allowing HHS to destroy any article refused admission under FDCA section 801 when the Secretary determines the article presents a significant public health concern, extends the destruction process beyond drugs and devices to other articles, makes unauthorized movement or interstate introduction of an article selected for destruction a prohibited act, applies the changes after 180 days, and requires FDA implementing regulations within 90 days that remain consistent with international agreements.
Key Policy Areas
Healthcare, Trade, Food and Drug Safety, Imports
Primary Purpose
Expands FDA import-destruction authority by allowing HHS to destroy any article refused admission under FDCA section 801 when the Secretary determines the article presents a significant public health concern, extends the destruction process beyond drugs and devices to other articles, makes unauthorized movement or interstate introduction of an article selected for destruction a prohibited act, applies the changes after 180 days, and requires FDA implementing regulations within 90 days that remain consistent with international agreements.
Policy Domains
House resolution provisions
Identified Gains
- FDA import enforcement staff
- Patients
- Consumers
- Domestic manufacturers following FDA rules
Identified Costs
- Importers of refused articles
- Import logistics companies
- Food and Drug Administration
- Exporters of refused hazardous articles
Sponsors
Legislative Progress
ReportedAdditional sponsors: Mr. Weber of Texas, Mr. Nehls, Ms. Letlow, …
Reported with an amendment, committed to the Committee of the …
Committee Consideration and Mark-up Session Held
Ordered to be Reported (Amended) by the Yeas and Nays: …
Forwarded by Subcommittee to Full Committee (Amended) by Voice Vote.
Subcommittee Consideration and Mark-up Session Held
Referred to the Subcommittee on Health.
Referred to the House Committee on Energy and Commerce.
Introduced in House
Mr. Higgins of Louisiana (for himself and Mr. Carter of …
Stakeholder Effects
cui bono?How this legislation distributes effects. Mention counts reflect frequency, not effect magnitude.
FDA import enforcement staff, Food and Drug Administration, Patients
Positive-direction: FDA import enforcement staff, Patients
Negative-direction: Food and Drug Administration
Exporters of refused hazardous articles, Importers of refused articles
Bill Structure & Actor Mappings
Who is "The Secretary" in each section?
- "fda"
- → Food and Drug Administration
- "hhs"
- → Department of Health and Human Services
- "fdca"
- → Federal Food, Drug, and Cosmetic Act
We use a combination of our own taxonomy and classification in addition to large language models to assess meaning and potential beneficiaries. High confidence means strong textual evidence. Always verify with the original bill text.
Learn more about our methodology