Technical corrections only. The changes between v3 and v4 are purely administrative, reflecting the bill's transmittal from the House to the Senate and the inclusion of the House Clerk's name. There are no substantive policy changes in the bill text itself.
Destruction of Hazardous Imports Act
- Sponsor
- Rep. Higgins, Clay [R-LA-3]
- Committees
- Health, Education, Labor, and Pensions Committee (primary)
- Last action
- Jul 21, 2026
Bottom line
This bill expands the FDA's power to prevent potentially dangerous imported goods from entering the U.S. market by mandating their destruction, placing the burden and cost on importers while requiring due process.
What it actually does
This bill grants the Secretary of Health and Human Services new authority to order the destruction of imported articles that have been refused admission if they pose a significant public health concern, explicitly removing the option for re-export. It also makes it a prohibited act to move or introduce such articles into interstate commerce after a destruction order, and mandates a clear timeline for the promulgation of implementing regulations, including due process procedures.
Proponents argue
Supporters argue this bill is a critical measure to enhance public safety by eliminating the risk of hazardous imported products re-entering the supply chain through alternative routes or being diverted. It streamlines the process for dealing with dangerous goods, preventing them from being simply re-exported to potentially less regulated markets or attempting re-entry, thereby closing a significant loophole.
Opponents contend
Opponents might contend that this bill grants extensive power to the Secretary, potentially leading to arbitrary destruction orders without sufficient recourse for importers, especially given the costs involved. Concerns could be raised about the definition of 'significant public health concern' and the potential for trade disputes or disproportionate economic burdens on legitimate businesses, despite the inclusion of due process requirements.
The bill text is very short and easily digestible, allowing ample time for stakeholders to understand its direct implications and for the public to grasp its core purpose.
Section 2(a), amending Section 801 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 381) by adding subsection (v).
Secretary's Authority to Order Destruction of Refused Articles Presenting Significant Public Health Concerns
This provision grants the Secretary of Health and Human Services the power to order the destruction of imported articles that have been refused entry into the U.S. if they are found to present a 'significant public health concern.' Crucially, this order would be issued 'without the opportunity for export,' meaning the goods cannot simply be sent back to their origin. The owner or consignee is responsible for destroying the article within 90 days and bearing all associated costs.
Supporters argue
Supporters argue this provision is essential to close a loophole where dangerous products, once refused entry, could be re-exported and potentially re-introduced into the U.S. or other markets, posing ongoing health risks. It ensures that truly hazardous items are permanently removed from the supply chain, bolstering public safety.
Critics contend
Critics may argue that this provision places an undue burden on importers, who might face significant financial losses due to destruction orders, even if the public health concern could be mitigated through remediation or re-export. They might also raise concerns about the potential for overreach or misclassification of goods without sufficient checks.
Tradeoffs
The bill balances the goal of maximizing public health protection by eliminating hazardous imports against the economic interests of importers who would lose the option to re-export or salvage refused goods, and bear the full cost of destruction.
Section 2(a), adding Section 801(v)(3) to the Federal Food, Drug, and Cosmetic Act.
Due Process Requirements for Destruction Orders
This provision mandates that the Secretary of Health and Human Services must provide 'appropriate due process' to the owner or consignee before an article is destroyed. This due process, to be specified in future regulations, must include notice and an opportunity to appear before the Secretary and introduce testimony. This can occur either in conjunction with the initial refusal of admission or as a separate process.
Section 2(b), amending Section 301 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 331) by adding subsection (jjj).
Prohibition on Unauthorized Movement of Articles Subject to Destruction Order
This provision makes it illegal to move, introduce, or deliver for introduction into interstate commerce, including for export, any article that is subject to a destruction order issued under the new Section 801(v). This criminalizes attempts to circumvent a destruction order by trying to sell the goods domestically or send them out of the country, reinforcing the finality of the destruction mandate.
Section 2(c) and 2(d).
Implementation Timeline for Regulations and Applicability
This section specifies that the new destruction authority and prohibited acts will only apply 30 days after the Secretary of HHS, through the Commissioner of Food and Drugs, promulgates final regulations. It sets a timeline for these regulations: proposed regulations must be issued within 18 months of the Act's enactment, and final regulations within 1 year after the proposed ones, ensuring a structured implementation process.