Destruction of Hazardous Imports Act

Floor Speech

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Mr. GUTHRIE. Mr. Speaker, I move to suspend the rules and pass the bill (H.R. 2715) 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, as amended.

The Clerk read the title of the bill.

The text of the bill is as follows: H.R. 2715

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE.

This Act may be cited as the ``Destruction of Hazardous Imports Act''. SEC. 2. DESTRUCTION OF CERTAIN REFUSED ARTICLES.

(a) In General.--Section 801 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 381) is amended by adding at the end the following:

``(v) Destruction of Refused Articles Presenting Significant Public Health Concerns.--

``(1) In general.--If the Secretary of Health and Human Services finds that an article that has been refused admission under subsection (a) presents a significant public health concern, the Secretary may issue to the owner or consignee of the article an order to destroy the article, without the opportunity for export.

``(2) Deadline; costs.--Not later than 90 days after the issuance of an order under paragraph (1), the owner or consignee of the article shall destroy the article. The owner or consignee shall be responsible for the costs of such destruction.

``(3) Due process.--The Secretary of Health and Human Services shall provide to the owner or consignee of an article subject to an order under paragraph (1) appropriate due process prior to the destruction of the article. Such due process shall be specified in regulations and include notice and an opportunity to appear before the Secretary and introduce testimony on the destruction--

``(A) in combination with the notice and opportunity to appear and introduce testimony on the refusal of admission of the article under subsection (a); or

``(B) separately.''.

(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 is subject to an order for destruction under section 801(v).''.

(c) Applicability.--The amendments made by subsections (a) and (b) shall apply to articles beginning on the date that is 30 days after the date on which the Secretary of Health and Human Services, acting through the Commissioner of Food and Drugs, promulgates final regulations under subsection (d).

(d) Regulations.--

(1) Proposed.--Not later than 18 months after the date of enactment of this Act, the Secretary of Health and Human Services, acting through the Commissioner of Food and Drugs, shall issue proposed regulations to implement the amendment made by subsection (a), allowing for notice and comment on such proposed regulations.

(2) Final.--Not later than 1 year after the issuance of the proposed regulations under paragraph (1), the Secretary of Health and Human Services, acting through the Commissioner of Food and Drugs, shall promulgate final regulations to implement the amendment made by subsection (a).

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Mr. GUTHRIE. 2715.

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Mr. GUTHRIE. Mr. Speaker, it looks like we have two friends from Louisiana supporting this and who sponsored this bill today, Mr. Higgins and Mr. Carter.

Mr. Speaker, I really appreciate my friends from Louisiana, both of them, for bringing this forward. This is important. Think about what we are talking about here. Contaminated seafood, illicit drugs, and all of these other things are getting stopped at a port of entry, but FDA has no authority to destroy them. As my friend from New Jersey said, they get returned and come in through another port.

As good as our people are at our ports of entry, if you keep sending the same thing through over and over, eventually it is going to get through. It makes no sense not to allow the FDA to destroy these products.

Mr. Speaker, I support this bill, and I reserve the balance of my time.

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Mr. GUTHRIE. Mr. Speaker, I encourage my colleagues to vote for this bipartisan bill, and I yield back the balance of my time.

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