FDA Food Safety Bill Sets $15,000 Reinspection Fee, Raises Annual Collection Caps

This bill, the FSMA Fee Technical Corrections Act, is all about adjusting the financial gears that keep our food supply safe. It directly amends how the Food and Drug Administration (FDA) calculates and collects fees related to food safety oversight, specifically focusing on reinspections, recall orders, and importers. Starting in fiscal year 2026, the base fee for reinspections and recall orders is set at a hefty $15,000, with adjustments for inflation every year after.

The Cost of Getting Caught

Think of the $15,000 fee as the price tag for a mandatory regulatory do-over. If a food facility or importer fails an initial inspection and then requires a reinspection—meaning the FDA has to come back because problems were found—that $15,000 bill lands on their desk. For a large corporation, this might be a cost of doing business, but for smaller operations, that’s a significant hit. The bill also clarifies what a reinspection means for importers: it’s an inspection under the Foreign Supplier Verification Program (FSVP) that follows a previous inspection where issues were identified. In short: fix it right the first time, or pay up.

Relief for the Little Guys

Here’s where the bill throws a lifeline to genuine small businesses. If you qualify as a small business, you get a substantial break: the fee is reduced to one-third of the standard amount. The definition of “small” is clear but specific: for food facilities, it means fewer than 500 full-time equivalent employees. For food importers, the threshold is based on average annual sales and import value—under $1 million for human food and under $2.5 million for animal food. The FDA is required to publish guidance within 270 days on how these businesses can actually request this reduction, which is a necessary step to ensure the discount is accessible and not buried in red tape.

More Money, More Oversight

One of the most significant changes involves the FDA’s ability to fund its programs. The bill substantially increases the total amount the agency can collect annually from these fees. The cap for reinspection fees jumps from $20 million to $25 million, and the cap for recall order fees rises from $25 million to $30 million. This means the FDA has the capacity to collect $10 million more per year across these two categories. Crucially, the bill mandates that this collected money can only be used for the specific costs of overseeing domestic and foreign food facilities and importers, preventing the funds from being diverted elsewhere.

The VIP Lane Gets Pricier

The bill also addresses the Voluntary Qualified Importer Program (VQIP), which allows importers who meet high standards to speed up the entry of their goods into the U.S. Under the new rules, the VQIP fee must be set to cover 100% of the program’s costs. This means the importers who use the VQIP will bear the full financial responsibility for running that program, a change that could make the VQIP more expensive but also ensures its sustainability. The FDA must account for the number of importers planning to join and any previous year’s leftover revenue when setting the annual fee, adding a layer of financial accountability.