Destruction of certain refused articles

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) Order To destroy certain refused articles For any article that has been refused admission and is in violation of this Act, the Secretary of Health and Human Services may issue to the owner or consignee an order that the article shall be destroyed, without the opportunity to export, if the Secretary of Health and Human Services finds that the article presents a significant public health concern. Before issuing an order to destroy an article under this subsection, the Secretary of Health and Human Services shall issue regulations providing for notice and an opportunity to appear before the Secretary of Health and Human Services and introduce testimony on the order to destroy. The regulations shall provide that prior to the destruction of any such article, appropriate due process is available to the owner or consignee seeking to challenge the Secretary of Health and Human Service’s decision to order destruction. Such process may be combined with the notice and opportunity to appear before the Secretary and introduce testimony on the refusal as long as appropriate notice is provided to the owner or consignee about the potential order to destroy. The Secretary of the Treasury shall cause the owner or consignee to complete the destruction of any such article within 90 days of the order for destruction and the owner or consignee shall be responsible for the costs of such destruction..

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) Order To destroy certain refused articles For any article that has been refused admission and is in violation of this Act, the Secretary of Health and Human Services may issue to the owner or consignee an order that the article shall be destroyed, without the opportunity to export, if the Secretary of Health and Human Services finds that the article presents a significant public health concern. Before issuing an order to destroy an article under this subsection, the Secretary of Health and Human Services shall issue regulations providing for notice and an opportunity to appear before the Secretary of Health and Human Services and introduce testimony on the order to destroy. The regulations shall provide that prior to the destruction of any such article, appropriate due process is available to the owner or consignee seeking to challenge the Secretary of Health and Human Service’s decision to order destruction. Such process may be combined with the notice and opportunity to appear before the Secretary and introduce testimony on the refusal as long as appropriate notice is provided to the owner or consignee about the potential order to destroy. The Secretary of the Treasury shall cause the owner or consignee to complete the destruction of any such article within 90 days of the order for destruction and the owner or consignee shall be responsible for the costs of such destruction..