H.R.2715 - Destruction of Hazardous Imports Act (119th Congress)
Summary
H.R.2715, the "Destruction of Hazardous Imports Act," amends the Federal Food, Drug, and Cosmetic Act. It expands the Secretary of Health and Human Services' authority to destroy imported articles that pose a significant public health concern. The bill aims to prevent hazardous products from entering or remaining in U.S. commerce.
Expected Effects
The bill will allow for quicker removal of potentially dangerous imported goods. It also creates penalties for unauthorized movement of articles slated for destruction. Regulations will be updated within 90 days of enactment, with the changes effective 180 days after enactment.
Potential Benefits
- Enhanced public safety by preventing distribution of hazardous imported goods.
- Clearer legal framework for the destruction of unsafe articles.
- Potentially reduces healthcare costs associated with contaminated or dangerous products.
- Strengthens the FDA's ability to protect consumers from harmful imports.
- Aligns domestic regulations with international agreements.
Potential Disadvantages
- Potential for increased trade tensions if the destruction authority is perceived as arbitrary.
- Possible delays in the import process due to increased scrutiny.
- Increased costs for importers who may face destruction of their goods.
- Risk of error in determining what constitutes a "significant public health concern."
- Potential for overreach by the Secretary of Health and Human Services.
Constitutional Alignment
The bill aligns with the Constitution's broad mandate to "promote the general Welfare" (Preamble). Congress has the power to regulate interstate and international commerce (Article I, Section 8), which includes setting standards for imported goods. The due process clause of the Fifth Amendment requires fair procedures, which should be considered in the implementation of the destruction authority.
Impact Assessment: Things You Care About ⓘ
This action has been evaluated across 19 key areas that matter to you. Scores range from 1 (highly disadvantageous) to 5 (highly beneficial).