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21 U.S.C. § 350cMaintenance and inspection of records

submitted 88 years ago by Pub. L. 107-188 to r/title-21-FOOD-AND-DRUGS · 722 words · no verdicts yet

in plain englishAI-generated · not legal advice

This law lets FDA officials inspect and copy a food company's records during serious safety threats. The Secretary can also require companies to keep tracking records. Farms, restaurants, trade secrets, and other agencies' exclusive authority are protected from this section.

(a) Records inspection: (1) Adulterated food: If the Secretary reasonably believes a food — and any similar food likely affected the same way — is adulterated and threatens serious harm or death to humans or animals, then anyone (except farms and restaurants) who makes, processes, packages, distributes, receives, holds, or imports that food must, when a designated FDA officer shows proper credentials and written notice, let that officer see and copy the records needed to check this, at reasonable times and in a reasonable way. (2) Use of or exposure to food of concern: The same access rule applies if the Secretary reasonably believes that using or being exposed to the food (or a similar food) will probably cause serious harm or death to humans or animals. (3) Application: This record-access requirement covers all records — paper or electronic, wherever kept — about making, processing, packaging, distributing, receiving, holding, or importing the food. (b) Regulations concerning recordkeeping: The Secretary, coordinating with other federal food-safety agencies as appropriate, may issue rules requiring these same companies (not farms or restaurants) to create and keep records — for no more than two years — showing where their food came from and where it went, so the Secretary can trace serious health threats. The Secretary must consider a business's size when writing these rules. (c) Protection of sensitive information: The Secretary must take reasonable steps to stop trade secrets or confidential information obtained under this section from being disclosed without permission. (d) Limitations: Nothing in this section may be read to: (1) limit the Secretary's power to inspect records or require recordkeeping under any other law; (2) let the Secretary regulate a food that falls exclusively under the Secretary of Agriculture's authority under the Federal Meat Inspection Act, Poultry Products Inspection Act, or Egg Products Inspection Act; (3) change the effect of the public-records law (5 U.S.C. § 552) or the trade-secrets law (18 U.S.C. § 1905); or (4) apply to recipes, financial data, pricing data, personnel data, or research data, or to sales data other than data about how much was shipped.
the actual law source: uscode.house.gov ↗public domain
(a) Records inspection
(1) Adulterated food

If the Secretary has a reasonable belief that an article of food, and any other article of food that the Secretary reasonably believes is likely to be affected in a similar manner, is adulterated and presents a threat of serious adverse health consequences or death to humans or animals, each person (excluding farms and restaurants) who manufactures, processes, packs, distributes, receives, holds, or imports such article shall, at the request of an officer or employee duly designated by the Secretary, permit such officer or employee, upon presentation of appropriate credentials and a written notice to such person, at reasonable times and within reasonable limits and in a reasonable manner, to have access to and copy all records relating to such article, and to any other article of food that the Secretary reasonably believes is likely to be affected in a similar manner, that are needed to assist the Secretary in determining whether the food is adulterated and presents a threat of serious adverse health consequences or death to humans or animals.

(2) Use of or exposure to food of concern

If the Secretary believes that there is a reasonable probability that the use of or exposure to an article of food, and any other article of food that the Secretary reasonably believes is likely to be affected in a similar manner, will cause serious adverse health consequences or death to humans or animals, each person (excluding farms and restaurants) who manufactures, processes, packs, distributes, receives, holds, or imports such article shall, at the request of an officer or employee duly designated by the Secretary, permit such officer or employee, upon presentation of appropriate credentials and a written notice to such person, at reasonable times and within reasonable limits and in a reasonable manner, to have access to and copy all records relating to such article and to any other article of food that the Secretary reasonably believes is likely to be affected in a similar manner, that are needed to assist the Secretary in determining whether there is a reasonable probability that the use of or exposure to the food will cause serious adverse health consequences or death to humans or animals.

(3) Application

The requirement under paragraphs (1) and (2) applies to all records relating to the manufacture, processing, packing, distribution, receipt, holding, or importation of such article maintained by or on behalf of such person in any format (including paper and electronic formats) and at any location.

(b) Regulations concerning recordkeeping

The Secretary, in consultation and coordination, as appropriate, with other Federal departments and agencies with responsibilities for regulating food safety, may by regulation establish requirements regarding the establishment and maintenance, for not longer than two years, of records by persons (excluding farms and restaurants) who manufacture, process, pack, transport, distribute, receive, hold, or import food, which records are needed by the Secretary for inspection to allow the Secretary to identify the immediate previous sources and the immediate subsequent recipients of food, including its packaging, in order to address credible threats of serious adverse health consequences or death to humans or animals. The Secretary shall take into account the size of a business in promulgating regulations under this section.

(c) Protection of sensitive information

The Secretary shall take appropriate measures to ensure that there are in effect effective procedures to prevent the unauthorized disclosure of any trade secret or confidential information that is obtained by the Secretary pursuant to this section.

(d) Limitations

This section shall not be construed—

(1)

to limit the authority of the Secretary to inspect records or to require establishment and maintenance of records under any other provision of this chapter;

(2)

to authorize the Secretary to impose any requirements with respect to a food to the extent that it is within the exclusive jurisdiction of the Secretary of Agriculture pursuant to the Federal Meat Inspection Act (21 U.S.C. 601 et seq.), the Poultry Products Inspection Act (21 U.S.C. 451 et seq.), or the Egg Products Inspection Act (21 U.S.C. 1031 et seq.);

(3)

to have any legal effect on section 552 of title 5 or section 1905 of title 18; or

(4)

to extend to recipes for food, financial data, pricing data, personnel data, research data, or sales data (other than shipment data regarding sales).

Source credit: (June 25, 1938, ch. 675, § 414, as added Pub. L. 107–188, title III, § 306(a), June 12, 2002, 116 Stat. 669; amended Pub. L. 111–353, title I, § 101(a), Jan. 4, 2011, 124 Stat. 3886.)

history & why it existsrecord from the source credit
  • 1938Enacted · Pub. L. 107-188 · 116 Stat. 669
  • 2011Amended · Pub. L. 111-353 · 124 Stat. 3886

A history note hasn’t been published yet. The record shows enactment by Pub. L. 107-188 on 1938-06-25.

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