Kaine Applauds Senate Passage of His Bipartisan Legislation to Make Food Supply Chain Safer

WASHINGTON, D.C. - Today, U.S. Senator Tim Kaine (D-VA), a member of the Senate Health, Education, Labor and Pensions (HELP) Committee, applauded the Senate passage of the Making America's Food Safer Act, bipartisan legislation he led alongside HELP Chairman Bill Cassidy (R-LA) and Senator Tommy Tuberville (R-AL) to improve the safety of the U.S. food supply chain. The HELP Committee advanced this legislation in July.

"No one should be in a grocery store aisle having to wonder whether the food in their cart is going to make them ill. Protecting Americans from contaminated food, faulty products, and other dangerous items is one of the most basic regulatory responsibilities the government has," said Kaine. "This bipartisan legislation will make the food supply chain more efficient, improve coordination between the federal government and state and local entities about food safety-all the more important in the context of recent outbreaks of foodborne illness-and help keep dangerous products off U.S. shelves. I am grateful to my Senate colleagues for supporting this common-sense, bipartisan legislation."

Specifically, the Making America's Food Safer Act would:

• Expand the third-party certificate program to allow both foreign and domestic entities involved in the food supply chain to be audited by accredited third-party auditors. Previously, only foreign entities were eligible for third-party auditing. This broadening of eligibility will relieve administrative burden on the U.S. Food and Drug Administration (FDA) and improve efficiency while preserving safety.
• Provide the FDA with the authority to share food safety information with state and local regulatory agencies. Previously, the FDA was barred from sharing certain data, including surveillance data on foodborne illness outbreaks, laboratory fundings, facility inspection records, recall information, and consumer complaints, due to proprietary restrictions. Historically, coordination between the FDA and state/local regulators have helped protect public health, including in 2024 when data sharing between the FDA and North Carolina state health authorities led to the successful recall of lead-contaminated applesauce nationwide.
• Expand the authority of the U.S. Secretary of Health and Human Services (HHS) to order the destruction of any FDA-regulated product that presents a significant public health risk, such as contaminated foods and illegal vaping/e-cigarette products. The FDA already has this authority for items like medical devices and prescription drugs. By expanding HHS' authority to destroy dangerous items, this legislation would help close a loophole known as "port shopping"-i.e., subsequent attempts to bring dangerous goods into the U.S. after they have already been rejected through another port.

Full text of the legislation can be found here.

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