H.R. 8861 – Destruction of Hazardous Imports Act

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Updated January 20, 2026 at 5:36 PM UTC

The Destruction of Hazardous Imports Act amends the Federal Food, Drug, and Cosmetic Act to give the Secretary of Health and Human Services broader power to destroy imported items that pose a significant public‑health risk. It expands the types of articles that can be destroyed beyond drugs and devices to include any other hazardous articles, and makes it illegal to move or sell such items once the Secretary has ordered their destruction. The changes take effect 180 days after the law is enacted, and HHS must issue implementing regulations within 90 days, consistent with international agreements.

Key Provisions

Amends Section 801(a) to allow the Secretary to destroy any refused article that presents a significant public‑health concern, expanding the scope to “drug, device, or other article.”
Adds a new prohibited act making it unlawful to move, introduce, or deliver for interstate commerce any article the Secretary has decided to destroy.
Specifies that the amendments apply starting 180 days after enactment of the Act.
Requires the Secretary, through the Commissioner of Food and Drugs, to finalize necessary regulatory revisions within 90 days of enactment and ensure they align with applicable international agreements.

Legislative Activity

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1 earlier action

HouseIntro Referral Latest Action

Referred to the House Committee on Energy and Commerce.

Energy and Commerce Committee

June 27, 2024

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HouseIntro Referral

Introduced in House

June 27, 2024

HouseIntro Referral

Referred to the House Committee on Energy and Commerce.

Energy and Commerce Committee

June 27, 2024

Floor Debate

1 member

What members said about H.R. 8861 on the floor

1 Democrat

Rep. Eleanor Holmes NortonD-DC · May 30, 2023

Mr. Speaker, today, I introduce the District of Columbia Clemency Home Rule Act, which would give the District of Columbia exclusive authority to grant clemency for D.C. crimes. Currently, the…

Bill Text

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Introduced in HouseIssued June 27, 2024

I

118th CONGRESS

2d Session

H. R. 8861

IN THE HOUSE OF REPRESENTATIVES

June 27, 2024

Mr. Higgins of Louisiana (for himself and Mr. Carter of Louisiana) introduced the following bill; which was referred to the Committee on Energy and Commerce

A BILL

To amend the Federal Food, Drug, and Cosmetic Act to extend the destruction authority of the Secretary of Health and Human Services to articles that present a significant public health concern, and for other purposes.

1.

Short title

This Act may be cited as the Destruction of Hazardous Imports Act.

2.

Destruction of certain refused articles

(a)

In general

Section 801(a) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 381(a)) is amended—

(1)

in the seventh sentence, by striking as described under subsection (b). and inserting as described under subsection (b), or any article refused admission under this section, if the Secretary of Health and Human Services determines that such article presents a significant public health concern.; and

(2)

in the eighth, ninth, and tenth sentences, by striking drug or device each place it appears and inserting drug, device, or other article.

.

(b)

Prohibited acts

Section 301 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 331) is amended by adding at the end the following:

(jjj)

The unauthorized movement, or introduction or delivery for introduction into interstate commerce, including export, of an article that the Secretary has decided to destroy under the seventh sentence of section 801(a).

.

(c)

Applicability

The amendments made by subsections (a) and (b) shall apply to articles beginning on the date that is 180 days after the date of enactment of this Act.

(d)

Regulations

The Secretary of Health and Human Services, acting through the Commissioner of Food and Drugs, shall—

(1)

not later than 90 days after the date of enactment of this Act, finalize such revisions to regulations as may be necessary to implement the amendments made by subsections (a) and (b); and

(2)

ensure that such regulations are consistent with any applicable international agreements.