Making America's Food Safer Act

The Making America's Food Safer Act seeks to strengthen food safety regulations by expanding the application and utility of accredited third-party certifications. It broadens the definition of an eligible entity to include any foreign or domestic food supply chain participant that chooses to undergo auditing. The Secretary is now mandated to use these certifications to determine if food meets safety requirements and if facilities qualify for the voluntary qualified importer program, while also allowing their consideration for risk analysis and inspection prioritization. A significant provision of the bill authorizes the Secretary to share unredacted food safety information with State, local, Tribal, and territorial authorities . This includes critical data such as foodborne illness surveillance, laboratory testing results, inspectional findings, recall distribution lists, and consumer complaints. Such information can be shared as soon as reasonably practicable, though recipient authorities are generally restricted from further disclosure unless necessary for public health emergencies or enforcement. Furthermore, the legislation grants the Secretary of Health and Human Services new authority to order the destruction of certain refused imported articles . If an article violates the Federal Food, Drug, and Cosmetic Act and presents a significant public health concern, it can be ordered destroyed without the option for export. This process requires regulations to ensure due process, including notice and an opportunity for the owner or consignee to challenge the decision, with the owner bearing the costs of destruction.