21 U.S.C. § 2243 — Smuggled food

submitted 15 years ago by Pub. L. 111-353 to r/title-21-FOOD-AND-DRUGS · 250 words · no verdicts yet

in plain englishAI-generated · not legal advice

The Secretary had to work with Homeland Security to spot and stop smuggled food from entering the country. If smuggled food could seriously harm or kill, the Secretary must notify Homeland Security within ten days. If it has already reached the public, the Secretary must issue a warning. "Smuggled food" means food brought in through fraud.

(a) In general. Within 180 days after January 4, 2011, the Secretary had to work with the Secretary of Homeland Security to build and start a strategy. Its goal: better spot smuggled food and stop it from entering the United States. (b) Notification to Homeland Security. Suppose the Secretary identifies a smuggled food that could seriously harm or kill people or animals. Then the Secretary must notify the Secretary of Homeland Security within ten days. That notice must describe the food and, if known, name whoever tried to import it. (c) Public notification. Suppose the Secretary identifies a smuggled food. Suppose the Secretary also reasonably believes it could seriously harm or kill people or animals. And suppose the Secretary reasonably believes it has already entered commerce and will likely be eaten. Then the Secretary must promptly issue a press release describing it. The Secretary must also use other emergency communication or recall networks as needed to warn consumers and sellers. (d) Effect of section. This section does not limit the Secretary's power to issue public notices in other situations. (e) Definition. "Smuggled food" means any food someone brings into the United States through fraud, or with intent to defraud or mislead.

facts

- Codified at 21 U.S.C. § 2243, titled "Smuggled food," within Title 21 of the U.S. Code. - Enacted by Pub. L. 111–353, title III, § 309, on January 4, 2011 (124 Stat. 3966). - Comprises 250 words across five subsections (a)–(e), covering strategy development, notification, public alerts, and definitions. - Contains a single source-credit reference citing its original enacting law. - Records one amendment count since enactment.

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

(a) In general

Not later than 180 days after January 4, 2011, the Secretary shall, in coordination with the Secretary of Homeland Security, develop and implement a strategy to better identify smuggled food and prevent entry of such food into the United States.

(b) Notification to Homeland Security

Not later than 10 days after the Secretary identifies a smuggled food that the Secretary believes would cause serious adverse health consequences or death to humans or animals, the Secretary shall provide to the Secretary of Homeland Security a notification under section 350f(n) of this title describing the smuggled food and, if available, the names of the individuals or entities that attempted to import such food into the United States.

If the Secretary—

(1)

identifies a smuggled food;

(2)

reasonably believes exposure to the food would cause serious adverse health consequences or death to humans or animals; and

(3)

reasonably believes that the food has entered domestic commerce and is likely to be consumed,

the Secretary shall promptly issue a press release describing that food and shall use other emergency communication or recall networks, as appropriate, to warn consumers and vendors about the potential threat.

(d) Effect of section

Nothing in this section shall affect the authority of the Secretary to issue public notifications under other circumstances.

(e) Definition

In this subsection, the term “smuggled food” means any food that a person introduces into the United States through fraudulent means or with the intent to defraud or mislead.

Source credit: (Pub. L. 111–353, title III, § 309, Jan. 4, 2011, 124 Stat. 3966.)

history & why it existsrecord from the source credit

2011Enacted · Pub. L. 111-353 · 124 Stat. 3966

The record. The source credit indicates that this section was enacted as part of Public Law 111-353, title III, § 309, dated January 4, 2011, and published at 124 Stat. 3966. The source credit does not reflect any amendments beyond the original enactment, indicating the text has remained substantially as originally passed. Historical context. Public Law 111-353 is commonly known as the FDA Food Safety Modernization Act (FSMA), a major overhaul of the federal food safety regulatory framework. The Act is generally understood to have been a legislative response to a series of high-profile foodborne illness outbreaks and gaps identified in the FDA's ability to prevent contamination, rather than simply respond to it after the fact. FSMA is commonly described as shifting the FDA's approach from reactive to preventive, including expanded authority over imported food, given the increasing share of the U.S. food supply sourced from abroad. Within that broader context, this section's focus on "smuggled food" reflects the Act's general concern with strengthening oversight of food entering the country through irregular channels, and with coordinating between food-safety and border-security agencies. However, the specific record provided does not establish the particular findings, debates, or legislative intent behind this individual provision. Beyond the general purposes commonly attributed to FSMA as a whole, the reasons Congress chose to address smuggled food specifically, in this form, are not documented in the materials available here, and no more specific claim should be inferred.

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