S. 4974 · Where this bill is now
In the House
Passed the Senate Sep 28, 2026. Received Oct 5, 2026; no House vote yet
What this bill does
In plain words · AI-written from the official summaryGives FDA stronger power over unsafe food
The FDA currently has to deal with food that doesn't meet safety standards, but often can't do much about it. This bill lets the FDA order the destruction of unsafe imported foods without giving companies the chance to ship them elsewhere. It also lets the FDA share detailed food safety information with state and local health officials more easily, and expands a voluntary inspection program so domestic food facilities can participate alongside foreign ones.
How it affects you
If you eat food, this affects you. When the FDA finds contaminated imported food, it can now require destruction right away instead of letting it leave the country. State and local health departments will have better access to safety information to track and respond to foodborne illness outbreaks faster. The voluntary audit program means domestic food producers can choose third-party inspections to strengthen oversight of where your food comes from.
Read the official summary (Reported to Senate, Jul 28, 2026)
Making America's Food Safer Act
This bill expands the Food and Drug Administration’s (FDA’s) authority to require the destruction of unsafe imported foods, share food safety information, and make use of food facility audit information.
Specifically, the bill authorizes the FDA to order the destruction, without the opportunity for export, of any item that (1) is refused import into the United States; (2) violates federal law regulating food, drugs, medical devices, cosmetics, and tobacco products; and (3) presents a significant public health concern. Before issuing a destruction order, the FDA must provide an item’s owner or consignee with appropriate due process, including notice and an opportunity to appear. If an order is issued, the item’s owner or consignee must destroy it within 90 days at their own cost.
The bill also generally authorizes the FDA to share unredacted food safety information with state, local, tribal, and territorial authorities, including information related to foodborne illness tracking, recalls and outbreaks, and other topics. During a food safety incident, the FDA may disclose certain commercial information that is otherwise protected from disclosure.
Finally, the bill expands the FDA’s third-party audit system to make domestic food facilities eligible for voluntary audits. (Foreign facilities are eligible under current law.) The bill also authorizes the FDA to use audit results and related certifications to analyze risks and prioritize regulatory activities (e.g., inspections) to protect public health. (This information is currently used to determine whether specific food, or food from a specific facility, is eligible for import.)
Written by AI (Claude) using only the official summary by the Congressional Research Service, the Library of Congress’s nonpartisan research staff. It can miss nuance, so check the official summary and the bill text for details.
2nd SessionS. 4974
AN ACT
Making America's Food Safer Act
Sponsor: Sen. Tommy Tuberville (R-AL) · Introduced Jul 14, 2026 · Health · 3 versions of the text
Sources: Congress.gov actions and votes · bill text from GovInfo · latest official action Oct 5, 2026: “Held at the desk.”