Third-Party Certification and Inspection Modernization Act of 2026
- Sponsor
- Rep. Rulli, Michael A. [R-OH-6]
- Committees
- Energy and Commerce Committee (primary)
- Last action
- Apr 22, 2026
Bottom line
The bill significantly expands the role of private third-party food safety audits in informing FDA's regulatory and inspection priorities for both domestic and imported food facilities.
What it actually does
This bill expands the existing Federal Food, Drug, and Cosmetic Act's third-party certification program for food safety audits. It broadens the types of entities eligible for these audits to include domestic facilities and allows the Food and Drug Administration (FDA) to use the results of these third-party certifications for general risk analysis and to prioritize its own inspections and regulatory activities, moving beyond just imported foods and the Voluntary Qualified Importer Program. It also mandates the FDA to consider these certifications when identifying facilities for inspection.
Proponents argue
Proponents argue that this expansion will modernize food safety oversight by leveraging private sector expertise, allowing the FDA to allocate its limited resources more efficiently to higher-risk areas. They contend it will reduce redundant inspections for compliant businesses, foster a culture of proactive food safety, and streamline regulatory processes for both domestic and international food supply chains.
Opponents contend
Opponents might express concerns that relying more heavily on third-party audits could compromise the rigor and independence of food safety oversight, potentially leading to conflicts of interest or a 'race to the bottom' among auditors. They may argue it could create a two-tiered system where larger entities can afford certification, while smaller ones face more direct FDA scrutiny.
The bill is short and focused, making it accessible for a quick read and evaluation by an informed reader.
Section 2(a)(1)
Expanded Definition of 'Eligible Entity'
This provision redefines an 'eligible entity' to include any foreign or domestic entity in the food supply chain, including registered facilities, that voluntarily chooses to be audited by an accredited third-party auditor. Previously, the scope was more limited, primarily focusing on foreign entities seeking import certifications. This change opens the program to a much broader range of food businesses within the United States.
Supporters argue
Supporters argue that including domestic entities in the eligible pool for third-party audits encourages broader adoption of robust food safety practices across the entire food supply chain, not just for imports. This voluntary participation can lead to a more proactive safety culture.
Critics contend
Critics might contend that expanding eligibility to domestic entities without clear guidelines for FDA's reliance on these audits could dilute direct federal oversight of domestic food safety, potentially creating inconsistencies in enforcement.
Tradeoffs
The tradeoff is between encouraging voluntary industry-led safety initiatives and maintaining consistent, direct federal oversight across all domestic food production.
Section 2(a)(2) and 2(b)(2)
Expanded Purpose of Regulatory Audits and Certifications
This provision significantly broadens how the FDA can use the results of third-party regulatory audits and certifications. Beyond their existing use for imported foods and the Voluntary Qualified Importer Program, the FDA is now explicitly authorized to consider these certifications when analyzing risks and prioritizing its own inspections and other regulatory activities. This means a facility with a recognized third-party certification might receive fewer direct FDA inspections.
Section 2(d)(2)
Mandatory Consideration of Third-Party Certifications for Inspections
This amendment requires the FDA, when identifying and inspecting facilities, to consider whether a facility holds a third-party food safety certification that aligns with the FDA's regulations on preventive controls for human food. This makes it a statutory requirement for FDA to factor in these certifications during its inspection planning, further integrating third-party audits into the agency's operational framework.
Establishes a deadline of 2 years after enactment for the Secretary to establish a system for recognizing accreditation bodies that accredit third-party auditors.
Section 2(c)(1)
Why it matters:This is standard legislative practice for setting implementation timelines for new or expanded programs, not necessarily evasive.
Case for: Supporters would argue that this deadline ensures timely implementation of the expanded third-party certification program, preventing undue delays in realizing its benefits for food safety and regulatory efficiency.
Case against: Critics might argue that a fixed deadline could force the FDA to rush the establishment of a complex accreditation system, potentially leading to an inadequately vetted or less robust framework for overseeing third-party auditors.
Estimated impact: Ensures the operational framework for the expanded third-party audit program is in place within two years, impacting all future interactions between FDA, accreditation bodies, and audited entities.