FSMA Fee Technical Corrections Act
Sponsored By: Senator Sen. Durbin, Richard J. [D-IL]
Introduced
Summary
Changes to food-related user fees and small-business relief. This bill would rewrite parts of the FDA's fee rules for food inspections, reinspections, recalls, and the voluntary qualified importer program beginning in fiscal year 2026.
Show full summary
- Facilities and importers: Would set a base annual fee of $15,000 per applicable category starting in FY2026, adjusted each year by a specified factor. Fees for the voluntary qualified importer program would be set to cover 100% of that program's costs.
- Small businesses: Would cut applicable reinspection and recall fees to one-third for facilities or importers that qualify as small businesses under new size tests, for example facilities with fewer than 500 full‑time employees.
- Program rules and limits: Would dedicate fees A, B, and D to foreign and domestic oversight and dedicate fee C to the voluntary qualified importer program. It would raise statutory caps to $25M and $30M and broaden the definition of "reinspection" to include follow‑up inspections after certain noncompliance findings.
Your PRIA Score
Personalized for You
How does this bill affect your finances?
Sign up for a PRIA Policy Scan to see your personalized alignment score for this bill and every other piece of legislation we track. We analyze your financial profile against policy provisions to show you exactly what matters to your wallet.
Bill Overview
Analyzed Economic Effects
3 provisions identified: 1 benefits, 1 costs, 1 mixed.
Big fee cut for small food businesses
If enacted, small businesses facing a reinspection or recall fee would pay one-third of the usual fee for that fiscal year. The agency would publish the reduced fee schedule each year and must issue guidance on how to request the reduction within 270 days of enactment. The bill would define small business for fees as under 500 full-time equivalent employees for facilities; under $1,000,000 average annual human-food sales (three-year average, inflation adjusted) for human-food importers; and under $2,500,000 average annual animal-food sales (three-year average, inflation adjusted) for animal-food importers.
Higher inspection fees for food businesses
This bill would set annual user fees of $15,000 times an official adjustment factor for many inspected facilities and importers starting in fiscal year 2026. It would require voluntary qualified importer program fees to cover 100% of VQIP costs and dedicate A/B/D fees only to oversight of facilities and importers. The bill would raise two statutory fee caps to $25 million and $30 million. The agency would also have to count prior-year leftover fee money when setting new fees if it overestimated last year.
New importer and reinspection rules
The bill would say an "importer" means an entity covered by the Foreign Supplier Verification Program (FSVP). It would also treat follow-up inspections after an inspection that had an "official action indicated" finding as reinspections, for both domestic facilities and importers under FSVP. These changes could change who must pay inspection-related fees and could increase the number of reinspections after serious findings.
Free Policy Watch
You just read the policy. Now see what it costs you.
Pick a topic. PRIA runs your household against live legislation and sends you a free personalized readout.
Pick a topic to get started
Sponsors & CoSponsors
Sponsor
Sen. Durbin, Richard J. [D-IL]
IL • D
Cosponsors
Richard Blumenthal
CT • D
Sponsored 11/20/2025
Sen. Markey, Edward J. [D-MA]
MA • D
Sponsored 11/20/2025
Roll Call Votes
No roll call votes available for this bill.
View on Congress.govTake It Personal
Get Your Personalized Policy View
Take the PRIA Score to see how policy affects your household, then upgrade to PRIA Full Coverage for year-round monitoring.
Already have an account? Sign in