The House Energy and Commerce Committee recently advanced the bipartisan Destruction of Hazardous Imports Act (H.R. 2715) by a unanimous 43–0 vote. If enacted, the legislation would authorize FDA to destroy imported food products that have been refused entry and determined to pose a significant public health concern. Supporters argue the bill would help prevent “port shopping,” or reintroducing products through a different port after FDA has identified safety concerns.

While the legislation was largely driven by concerns related to imported seafood products, it raises an interesting question for the fresh produce industry. Given the highly perishable nature and short shelf life of many produce commodities, we do not typically think of fresh produce being “port shopped.” However, one question that has been raised is whether this type of authority could help prevent rejected products from being diverted to frozen or other minimally processed applications before entering commerce. If you have questions, comments, or perspectives on how this proposal could affect the fresh produce industry, please reach out to us.

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