Third-Party Certification and Inspection Modernization Act of 2026
Sponsored By: Representative Rulli, Michael A. [R-OH-6]
Introduced
Summary
Expands federal acceptance of third-party food safety certifications to shape import checks, facility eligibility, and inspection priorities. This bill would broaden who can seek accredited audits and how the Food and Drug Administration uses those certifications in regulatory decisions.
Show full summary
- Businesses and facilities: Domestic and foreign entities could elect audits by accredited third‑party auditors to obtain certifications showing compliance. Certifications could be used to support eligibility for the Voluntary Qualified Importer Program and to meet certain import standards.
- Regulators and inspections: The Food and Drug Administration could consider regulatory audits and certifications when assessing risk and prioritizing inspections and other activities. The bill directs the Secretary to establish a system to recognize accreditation bodies within 2 years.
- Consumers and public health: By formalizing a role for third‑party certifications in risk-based oversight, the measure aims to focus inspection resources on higher risks and streamline evaluation of imported foods.
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Bill Overview
Analyzed Economic Effects
4 provisions identified: 3 benefits, 0 costs, 1 mixed.
Federal recognition for accreditors
If enacted, the Secretary would have to set up a federal system to recognize accreditation bodies that accredit third‑party food‑safety auditors. The Secretary would have 2 years after enactment to create that recognition system. The system would apply to bodies that accredit auditors who certify domestic and foreign food‑supply entities. The bill does not set fees or specific funding for the recognition program.
More facilities eligible for audits
If enacted, this bill would expand "eligible entity" to include any foreign or domestic entity in the food supply chain, including facilities registered under section 415, that elect to be audited by an accredited third‑party auditor or that auditor's audit agent. It would define a "regulatory audit" as an audit that determines compliance and whether the entity can get food or facility certifications, including for participation in the Voluntary Qualified Importer Program. These definitional changes would take effect upon enactment. The bill does not set new fees or numeric thresholds for audits or certifications.
Use certifications to speed imports
If enacted, the Secretary would use certifications from accredited third‑party auditors to decide whether imported food meets section 801(q) requirements, along with any other assurances the Secretary requires. The Secretary would also use such certifications to decide whether a facility can be a source under the Voluntary Qualified Importer Program. The bill replaces language that required a certification to accompany each shipment with broader references to food or facility certifications for these purposes.
FDA may use third-party audits
If enacted, the Secretary would be allowed to consider results of regulatory audits and certifications from accredited third‑party auditors when analyzing risks and setting inspection priorities to protect public health. The Secretary would also have to consider whether a facility holds a certification aligned with FDA preventive‑controls regulations when identifying inspections. The authority is discretionary and does not mandate specific inspection frequency changes, so impacts would depend on how the agency uses the new authority.
Sponsors & CoSponsors
Sponsor
Rulli, Michael A. [R-OH-6]
OH • R
Cosponsors
There are no cosponsors for this bill.
Roll Call Votes
No roll call votes available for this bill.
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