Food officials may share safety records and destroy some imports

The Secretary shall use accredited third-party certifications for certain food and facility decisions. Eligible entities include foreign or domestic entities in the food supply chain that choose an accredited third-party audit. The Secretary may consider audit and certification results when analyzing risks and setting inspection priorities.

The Secretary may share unredacted FDA food safety information with certain public health authorities. Recipients must be state, local, Tribal, or territorial authorities with functions related to protecting public health. Recipients generally may not share the information further without FDA permission. They may do so if they find disclosure necessary for an outbreak response, a recall, or other state enforcement activity. The Secretary may share the information as soon as reasonably practicable.

The Secretary may disclose certain protected business information during a food safety incident. This covers commercial information protected under federal law when the Secretary obtained it from a person. The disclosure must advance public health protection.

The Secretary may order destruction of certain refused imports without allowing export. This applies to articles refused admission that violate the law. The Secretary must find the article poses a significant public health concern and give the owner or consignee notice and a chance to respond, with a process to challenge the order before destruction. An individual’s import of a noncontrolled prescription drug for personal or household use is exempt. The owner or consignee pays for destruction. The owner or consignee must complete destruction within 90 days of the order. Proposed regulations are due within 18 months after enactment, and final regulations within one year after the proposed regulations.