Making America's Food Safer Act
Sponsored By: Senator Tuberville, Tommy [R-AL]
Passed Senate
Summary
Expands FDA's food-safety authority. This bill would strengthen enforcement by expanding the Accredited Third-Party Certification program, broaden sharing of FDA food-safety information with state, local, tribal, and territorial authorities, and create a new power for FDA to order the destruction of certain refused food articles.
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- Changes to the Accredited Third-Party Certification program reorganize and expand that certification framework, altering how third-party certifications are structured and used.
- Broadening information sharing gives state, local, tribal, and territorial authorities access to more FDA food-safety information to support local investigations and responses.
- Establishes a new authority for FDA to order the destruction of certain refused articles and includes related definitions, procedures, and timelines for how those orders operate.
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Bill Overview
Analyzed Economic Effects
2 provisions identified: 1 benefits, 1 costs, 0 mixed.
Faster outbreak data and smarter inspections
If enacted, FDA would share full outbreak, recall, lab, inspection, and complaint data with State, local, Tribal, and territorial health authorities. They would receive it as soon as reasonably practicable to stop outbreaks, run recalls, or enforce their laws. They would not re‑share it without FDA approval, except to contain an outbreak, carry out a recall, or enforce state actions. FDA would also be allowed to share protected commercial information during a food safety incident when it helps protect public health. FDA would use accredited third‑party food safety audits to judge if foods meet import rules and to set inspection priorities, including for the voluntary qualified importer program. Domestic and foreign facilities could choose these audits, and the authority would take effect upon enactment.
New destruction orders for unsafe imports
If enacted, HHS would be able to order destruction of any refused import that presents a significant public health concern. There would be no chance to export it. The owner or consignee would have to destroy it within 90 days and pay the costs. Before an order, the agency would give notice and a chance to appear and offer testimony. This would not apply to personal prescription drugs that are not controlled substances and are imported for personal or household use. The authority would take effect upon enactment, with proposed rules due in 18 months and final rules one year after that.
Sponsors & CoSponsors
Sponsor
Tuberville, Tommy [R-AL]
AL • R
Cosponsors
Sen. Cassidy, Bill [R-LA]
LA • R
Sponsored 7/14/2026
Sen. Kaine, Tim [D-VA]
VA • D
Sponsored 7/20/2026
Roll Call Votes
No roll call votes available for this bill.
View on Congress.gov