21 U.S.C. § 2202 — National Agriculture and Food Defense Strategy

submitted 15 years ago by Pub. L. 111-353 to r/title-21-FOOD-AND-DRUGS · 774 words · no verdicts yet

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This law tells the Secretaries of Health and Human Services and Agriculture to write a food-defense plan. The plan must cover four goals: preparedness, detection, response, and recovery. It must be updated every four years and shared with the public.

(a) The Secretaries of Health and Human Services and Agriculture must write a food-defense plan within 1 year of January 4, 2011. The law calls this the National Agriculture and Food Defense Strategy. They must do this with the Secretary of Homeland Security. They must send the plan to Congress and post it on their departments' websites. The plan must include steps to carry it out and a shared research agenda that backs its goals. Every four years, the two Secretaries must update and resend the plan. The plan must also match other named national emergency and infrastructure plans. (b) The plan must show how the three departments will meet, and track progress toward, several goals. A preparedness goal covers finding and fixing weak spots in the food system, and better training and talk between agencies. It also covers testing response plans, building risk tools, and raising public awareness. A detection goal covers finding tainted food early and watching for the spread of disease. An emergency response goal covers looking into outbreaks fast, stopping more illness, and training response teams at all levels of government. It also covers running drills and giving the public clear, steady information. A recovery goal covers helping private businesses start back up, testing recovery plans, and clearing away tainted goods and sick plants or animals. It also covers fixing up areas hit by an emergency. The Secretary must also find ways to measure progress and report on it in the plan. (c) For national security reasons, the three Secretaries may decide how and in what form the plan is shared on their departments' websites.

facts

- Codified at 21 U.S.C. § 2202, titled "National Agriculture and Food Defense Strategy." - Enacted by Pub. L. 111–353, title I, § 108, on January 4, 2011 (124 Stat. 3910). - Contains a single source-credit reference, with no subsequent amendments noted beyond the original enactment (amendmentCount: 1). - The provision comprises 774 words, organized into three subsections (a)-(c).

the actual law source: uscode.house.gov ↗public domain

(a) Development and submission of strategy

(1) In general

Not later than 1 year after January 4, 2011, the Secretary of Health and Human Services and the Secretary of Agriculture, in coordination with the Secretary of Homeland Security, shall prepare and transmit to the relevant committees of Congress, and make publicly available on the Internet Web sites of the Department of Health and Human Services and the Department of Agriculture, the National Agriculture and Food Defense Strategy.

(2) Implementation plan

The strategy shall include an implementation plan for use by the Secretaries described under paragraph (1) in carrying out the strategy.

(3) Research

The strategy shall include a coordinated research agenda for use by the Secretaries described under paragraph (1) in conducting research to support the goals and activities described in paragraphs (1) and (2) of subsection (b).

(4) Revisions

Not later than 4 years after the date on which the strategy is submitted to the relevant committees of Congress under paragraph (1), and not less frequently than every 4 years thereafter, the Secretary of Health and Human Services and the Secretary of Agriculture, in coordination with the Secretary of Homeland Security, shall revise and submit to the relevant committees of Congress the strategy.

(5) Consistency with existing plans

The strategy described in paragraph (1) shall be consistent with—

(A)

the National Incident Management System;

(B)

the National Response Framework;

(C)

the National Infrastructure Protection Plan;

(D)

the National Preparedness Goals; and

(E)

other relevant national strategies.

(b) Components

(1) In general

The strategy shall include a description of the process to be used by the Department of Health and Human Services, the Department of Agriculture, and the Department of Homeland Security—

(A)

to achieve each goal described in paragraph (2); and

(B)

to evaluate the progress made by Federal, State, local, and tribal governments towards the achievement of each goal described in paragraph (2).

(2) Goals

The strategy shall include a description of the process to be used by the Department of Health and Human Services, the Department of Agriculture, and the Department of Homeland Security to achieve the following goals:

(A) Preparedness goal

Enhance the preparedness of the agriculture and food system by—

(i)

conducting vulnerability assessments of the agriculture and food system;

(ii)

mitigating vulnerabilities of the system;

(iii)

improving communication and training relating to the system;

(iv)

developing and conducting exercises to test decontamination and disposal plans;

(v)

developing modeling tools to improve event consequence assessment and decision support; and

(vi)

preparing risk communication tools and enhancing public awareness through outreach.

(B) Detection goal

Improve agriculture and food system detection capabilities by—

(i)

identifying contamination in food products at the earliest possible time; and

(ii)

conducting surveillance to prevent the spread of diseases.

Ensure an efficient response to agriculture and food emergencies by—

(i)

immediately investigating animal disease outbreaks and suspected food contamination;

(ii)

preventing additional human illnesses;

(iii)

organizing, training, and equipping animal, plant, and food emergency response teams of—

(I)

the Federal Government; and

(II)

State, local, and tribal governments;

(iv)

designing, developing, and evaluating training and exercises carried out under agriculture and food defense plans; and

(v)

ensuring consistent and organized risk communication to the public by—

(I)

the Federal Government;

(II)

State, local, and tribal governments; and

(III)

the private sector.

(D) Recovery goal

Secure agriculture and food production after an agriculture or food emergency by—

(i)

working with the private sector to develop business recovery plans to rapidly resume agriculture, food production, and international trade;

(ii)

conducting exercises of the plans described in subparagraph (C) with the goal of long-term recovery results;

(iii)

rapidly removing, and effectively disposing of—

(I)

contaminated agriculture and food products; and

(II)

infected plants and animals; and

(iv)

decontaminating and restoring areas affected by an agriculture or food emergency.

(3) Evaluation

The Secretary, in coordination with the Secretary of Agriculture and the Secretary of Homeland Security, shall—

(A)

develop metrics to measure progress for the evaluation process described in paragraph (1)(B); and

(B)

report on the progress measured in subparagraph (A) as part of the National Agriculture and Food Defense strategy described in subsection (a)(1).

In the interest of national security, the Secretary of Health and Human Services and the Secretary of Agriculture, in coordination with the Secretary of Homeland Security, may determine the manner and format in which the National Agriculture and Food Defense strategy established under this section is made publicly available on the Internet Web sites of the Department of Health and Human Services, the Department of Homeland Security, and the Department of Agriculture, as described in subsection (a)(1).

Source credit: (Pub. L. 111–353, title I, § 108, Jan. 4, 2011, 124 Stat. 3910.)

history & why it existsrecord from the source credit

2011Enacted · Pub. L. 111-353 · 124 Stat. 3910

The source credit identifies this section as originating in Public Law 111–353, title I, § 108, enacted January 4, 2011, and published at 124 Stat. 3910. The credit reflects a single enacting citation, with no separate amendment entries listed beyond the original enactment, indicating that the section as codified derives from this one legislative action. Public Law 111–353 is commonly known as the FDA Food Safety Modernization Act (FSMA). The Act is generally understood to have been enacted in response to a series of high-profile foodborne illness outbreaks and contamination incidents in the preceding years, which raised concerns in Congress about gaps in the nation's food-safety and agricultural-defense infrastructure. FSMA is widely described as shifting federal food-safety policy toward prevention-based strategies rather than reactive responses to contamination events, and as strengthening coordination among federal agencies and with state, local, and tribal partners. Within that broader legislative context, provisions establishing coordinated national strategies—such as the one codified here—are consistent with FSMA's general emphasis on interagency planning, preparedness, and structured evaluation of food-defense capabilities. However, the record does not establish the specific legislative intent behind this particular section, including why Congress chose the particular structure, goals, or timelines set out in the text. Any more detailed account of the drafting history, committee deliberations, or specific policy debates behind § 108 would go beyond what the available record supports.

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