S. 4974 — Making America's Food Safer Act

This section expands the accredited third-party food safety audit and certification program under section 808 of the Federal Food, Drug, and Cosmetic Act to domestic entities and facilities registered under section 415. It authorizes the Secretary to use regulatory audit results and certifications to analyze risks and prioritize inspections and other regulatory activities for public health protection, in addition to determining eligibility for food certifications under section 801(q) and participation in the voluntary qualified importer program under section 806.

This section authorizes the Secretary to share unredacted Food and Drug Administration information on foodborne illness surveillance data, laboratory sampling testing, inspectional results, recall distribution lists, consumer complaints, and other public health data with State, local, Tribal, or territorial authorities as soon as reasonably practicable. It prohibits further disclosure by recipients except to contain outbreaks or conduct recalls, and it permits disclosure of commercial information protected under 18 U.S.C. 1905 during food safety incidents.

This section authorizes the Secretary of Health and Human Services to order destruction, without export, of any imported article refused admission under 21 USC 381 that violates the Federal Food, Drug, and Cosmetic Act and presents a significant public health concern. The owner or consignee must complete destruction within 90 days and bear the costs. The Secretary must issue proposed implementing regulations, including a due process framework, within 18 months of enactment and final regulations within one year thereafter. The authority does not apply to personal importation of non-controlled prescription drugs under section 804(j).