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

This section expands FDA's accredited third-party certification program—originally for foreign food facilities under the Food Safety Modernization Act—to include domestic entities in the food supply chain and broadens uses of third-party food and facility certifications. Specifically, it (1) revises the definition of "eligible entity" to encompass foreign or domestic facilities registered under HACCP requirements that opt for third-party audits; (2) defines "regulatory audit" as an audit determining compliance with the FD&C Act to support food certifications for import under section 801(q), facility certifications for the voluntary qualified importer program under section 806, or other risk-analysis purposes; (3) removes prior limitations on certification uses to allow FDA to apply them for imported foods, the voluntary importer program, and prioritizing inspections and regulatory activities to protect public health; and (4) adds to foreign facility inspection prioritization factors under section 421(a)(1) whether a facility holds third-party certification aligned with FDA preventive controls for human food safety. (Thus, third-party certifications may now inform FDA risk assessments and inspections for both foreign and domestic facilities.)