H.R. 8431: Third-Party Certification and Inspection Modernization Act of 2026

This bill, known as the Third-Party Certification and Inspection Modernization Act of 2026, proposes updates to the existing framework for food safety audits in the United States by expanding the role of third-party auditors. Here’s a summary of the key provisions:

Expansion of Third-Party Auditors

The bill allows both foreign and domestic entities involved in the food supply chain to be audited by accredited third-party auditors. This change aims to ensure that these entities comply with food safety standards set by federal regulations.

Definitions

The bill revises definitions in the Federal Food, Drug, and Cosmetic Act:

• Eligible Entity: Refers to any entity in the food supply chain that opts for third-party audits.
• Regulatory Audit: Defines audits conducted to check compliance with food safety laws and determines eligibility for food and facility certifications.

Removal of Limitations on Certifications

The legislation removes existing limitations on the use of food and facility certifications, allowing them to be used not just for imports but for broader regulatory purposes. The Secretary of Health and Human Services is directed to utilize these certifications from accredited third parties to ascertain whether food products meet safety requirements and to identify facilities eligible under a voluntary qualified importer program.

Accreditation Bodies

Within two years post-enactment, the Secretary of Health and Human Services is to establish a system to recognize the accreditation bodies that assess third-party auditors, thus improving oversight and standardization in food safety audits.

Inspection and Risk Analysis

The Secretary may utilize the results from third-party audits and certifications to inform risk analysis and prioritize inspection activities, thereby enhancing public health safety measures related to food products.

New Requirements for Facility Certification

The bill mandates that information about certifications from third-party auditors be considered when assessing facilities engaged in food manufacturing, processing, and packaging, thus adding a layer of accountability to the food supply chain.

Technical and Conforming Amendments

Various technical amendments are proposed to ensure that the language and processes outlined in the Federal Food, Drug, and Cosmetic Act align with the updates provided by this new legislation. This includes the definition and requirements for food safety standards and certifications.

Relevant Companies

None found