H.R. 2715: Destruction of Hazardous Imports Act

When FDA refuses an import today — because it is counterfeit, mislabeled, or made in filthy conditions — the owner can generally export it rather than destroy it. The one exception is a narrow one: FDA can already order destruction of refused drugs, medical devices, and tobacco products valued under $2,500.

H.R. 2715 would let FDA order any refused food, drug, medical device, tobacco product, or cosmetic destroyed, with no option to export it, if the agency finds it presents a significant public health concern. There is no dollar cap and no product-category limit in the new authority.

Once an order is issued, the owner or consignee has 90 days to destroy the goods and pays the full cost. Before that happens, FDA must give them notice and a chance to appear and present testimony, either folded into the original refusal hearing or held separately.

The bill also makes it a prohibited act to move, sell, or export goods under a destruction order without authorization. According to the Congressional Research Service summary, a violation carries a fine, up to one year in prison, or both.

None of this takes effect right away. FDA has 18 months to propose rules and one more year to finalize them, and the new power applies 30 days after the final rules come out. In practice, that means the authority could be as much as two and a half years away even after the bill becomes law.