What This Bill Does · Plain English
Summary · Congress.gov
Destruction of Hazardous Imports Act This bill expands the Food and Drug Administration’s (FDA’s) authority to require the destruction of certain items that are refused import into the United States and pose a risk to public health. Under current law, imported food, drugs, medical devices, tobacco products, and cosmetics are subject to FDA review. If an imported item is deficient in a specified manner (e.g., counterfeit, misbranded, or manufactured under insanitary conditions), the item is generally refused admission to the United States. An item refused admission may generally be exported, except that the FDA may destroy a drug, medical device, or tobacco product that is valued under $2,500 without the opportunity for export. Under the bill, the FDA may order the destruction, without the opportunity for export, of any food, drug, medical device, tobacco product, or cosmetic that is refused admission if the item presents a significant public health concern. If such an order is issued, the item’s owner or consignee must destroy it within 90 days at their own cost. The bill also prohibits the unauthorized movement (e.g., export) of an item subject to a destruction order. A violator is subject to a fine, a prison term of up to one year, or both. The FDA must promulgate regulations to carry out these provisions. These regulations must provide for due process for the owner or consignee of an item subject to a destruction order, including notice and an opportunity to appear before
Action Timeline
2025-04-08
Referred to the House Committee on Energy and Commerce.
2025-04-08
Introduced in House
2025-04-08
Introduced in House
Frequently Asked Questions
Did HR.2715 pass?
HR.2715 is still alive. Current stage: PASSED_ONE. Pass likelihood: 37%.
What does HR.2715 do?
Destruction of Hazardous Imports Act This bill expands the Food and Drug Administration’s (FDA’s) authority to require the destruction of certain items that are refused import into the United States and pose a risk to public health. Under current law, imported food, drugs, medical devices, tobacco products, and cosmetics are subject to FDA review. If an imported item is deficient in a specified manner (e.g., counterfeit, misbranded, or manufactured under insanitary conditions), the item is generally refused admission to the United States. An item refused admission may generally be exported, ex…
Who sponsored HR.2715?
HR.2715 was sponsored by Clay Higgins (R-Louisiana).
Full Bill Text
119 HR 2715 IH: Destruction of Hazardous Imports Act U.S. House of Representatives 2025-04-08 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. I 119th CONGRESS 1st Session H. R. 2715 IN THE HOUSE OF REPRESENTATIVES April 8, 2025 Mr. Higgins of Louisiana (for himself and Mr. Carter of Louisiana ) introduced the following bill; which was referred to the Committee on Energy and Commerce A BILL To amend the Federal Food, Drug, and Cosmetic Act to extend the destruction authority of the Secretary of Health and Human Services to articles that present a significant public health concern, and for other purposes. 1. Short title This Act may be cited as the Destruction of Hazardous Imports Act . 2. Destruction of certain refused articles (a) In general Section 801(a) of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 381(a) ) is amended— (1) in the seventh sentence, by striking as described under subsection (b). and inserting as described under subsection (b), or any article refused admission under this section, if the Secretary of Health and Human Services determines that such article presents a significant public health concern. ; and (2) in the eighth, ninth, and tenth sentences, by striking drug or device each place it appears and inserting drug, device, or other article . (b) Prohibited acts Section 301 of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 331 ) is amended by adding at the end the following: (jjj) The unauthorized movement, or introduction or delivery for introduction into interstate commerce, including export, of an article that the Secretary has decided to destroy under the seventh sentence of section 801(a). . (c) Applicability The amendments made by subsections (a) and (b) shall apply to articles beginning on the date that is 180 days after the date of enactment of this Act. (d) Regulations The Secretary of Health and Human Services, acting through the Commissioner of Food and Drugs, shall— (1) not later than 90 days after the date of enactment of this Act, finalize such revisions to regulations as may be necessary to implement the amendments made by subsections (a) and (b); and (2) ensure that such regulations are consistent with any applicable international agreements.
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