Destruction of Hazardous Imports Act
The Destruction of Hazardous Imports Act would broaden the FDA’s authority under the Federal Food, Drug, and Cosmetic Act to destroy imported articles that have been refused admission to the United States because they present a significant public health concern. Specifically, it authorizes the destruction of such articles and adds a new prohibition on moving or introducing into interstate commerce (including export) any article that the Secretary has decided to destroy. The amendments would take effect 180 days after enactment, and the Secretary (through the FDA) must finalize implementing regulations within 90 days and ensure consistency with international agreements. In short, the bill strengthens enforcement against dangerous imports by allowing destruction and by barring any movement of those items once the destruction decision is made.
Key Points
- 1Expands destruction authority: If the Secretary determines an article refused admission presents a significant public health concern, that article may be destroyed, expanding beyond the current scope.
- 2Broadens scope to “other articles”: The language now covers drug, device, or other article, not just drugs or devices, when describing admissibility and destruction.
- 3New prohibited act: Adds a prohibition on unauthorized movement, or introduction/delivery for introduction into interstate commerce (including export), of an article the Secretary has decided to destroy.
- 4Regulatory implementation: Requires the Secretary to finalize necessary regulations within 90 days of enactment to implement the amendments and to align with international agreements.
- 5Applicability timeline: The amendments apply to articles beginning 180 days after enactment.