HR 8431
Third-Party Certification and Inspection Modernization Act of 2026
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Bill overview
This bill, the Third-Party Certification and Inspection Modernization Act of 2026, aims to update the process for verifying food safety by expanding the role of accredited third-party auditors. It clarifies definitions related to audits and certifications, allowing the Secretary of Health and Human Services to rely more heavily on these audits when determining food eligibility for import and assessing facility compliance. The bill also establishes a system for recognizing accreditation bodies that certify eligible entities.
Key provisions
- Expands the definition of ‘eligible entity’ to include foreign and domestic facilities subject to registration.
- Clarifies the role of regulatory audits in determining food certification eligibility and facility certification.
- Allows the Secretary to use third-party certifications to determine food safety and facility eligibility for import programs.
- Establishes a system for recognizing accreditation bodies that certify third-party auditors.
- Requires facilities to disclose whether they hold third-party food safety certifications.
- Modifies the process for determining food certification for import.
- Directs the Secretary to consider third-party audit results when prioritizing inspections.
- Updates the process for determining facility certification for import.
Who is affected
- Food Manufacturers
- Food Importers
- Food Distributors
- Foreign Food Producers
- Accreditation Bodies
Sponsors
Official sponsors from legislative records.
Primary sponsor
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119th CONGRESS — 2d Session
H. R. 8431
IN THE HOUSE OF REPRESENTATIVES
A BILL
To amend the Federal Food, Drug, and Cosmetic Act to expand a program under which third-parties are accredited to conduct food safety audits, and for other purposes.
This Act may be cited as the Third-Party Certification and Inspection Modernization Act of 2026
.
by amending subsection (a)(6) to read as follows:
by amending subsection (a)(7) to read as follows:
to determine whether such entity is in compliance with the provisions of this Act; and
the results of which determine—
whether an article of food manufactured, processed, packed, or held by such entity is eligible to receive a food certification under section 801(q);
whether a facility is eligible to receive a facility certification under section 806 for purposes of participating in the program under section 806; or
whether a facility is eligible to receive a food or facility certification for other purposes described in subsection (c)(2)(B)(iii).
in subparagraph (A), by striking food certification, described in section 801(q), or facility certification under section 806(a), as appropriate, to accompany each food shipment for import into the United States from an eligible entity,
and inserting food certification or facility certification for purposes described in subparagraph (B), as appropriate,
; and
by amending subparagraph (B) to read as follows:
The Secretary shall use certification provided by accredited third-party auditors to determine whether a facility is eligible to be a facility from which food may be offered for import under the voluntary qualified importer program under section 806.
The Secretary may consider the results of regulatory audits and food or facility certifications provided by accredited third-party auditors under this section in analyzing risks and prioritizing inspections and other regulatory activities as appropriate for the protection of public health.
in paragraphs (1)(B) and (2)(A), by striking (or, in the case of direct accreditation under subsection (b)(1)(A)(ii), the Secretary)
;
in paragraph (2)(C)(i), by striking food certification under section 801(q) or a facility certification described under subparagraph (B)
and inserting food certification or a facility certification described under this section
;
in paragraph (6)—
in subparagraph(A)(i), by striking food certified under section 801(q) or from a facility certified under paragraph (2)(B)
and inserting food or facility certified under this section
; and
in subparagraph (C)(ii), by striking requirements under section 801(q) of certifying the food, or the requirements under paragraph (2)(B) of certifying the entity
and inserting requirements for certifying the food or facility under this section
; and
in paragraph (7)(B)(i), by striking through direct accreditation under subsection (b)(1)(A)(ii) or
.
in paragraph (1), by striking or
at the end;
in paragraph (2), by striking the period at the end and inserting ; or
; and
by adding the following:; and
Section 421(a)(1) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 350j(a)(1)) is amended—
by redesignating subparagraph (F) as subparagraph (G); and