21 U.S.C. § 399 — Grants to enhance food safety

submitted 88 years ago by Pub. L. 107-188 to r/title-21-FOOD-AND-DRUGS · 808 words · no verdicts yet

in plain englishAI-generated · not legal advice

The Secretary may award food-safety grants to states, tribes, and nonprofit trainers for inspections and recall response. Recipients must keep funding their own programs and report on their progress. Grants last up to three years and cannot replace other funding.

(a) The Secretary may give grants to eligible groups for food-safety work. This includes examinations, inspections, and investigations under section 372. It includes training inspectors on food manufacturing, processing, and retail standards. It includes building the food-safety lab capacity of the grantee, including for animal-borne diseases. It includes strengthening the grantee's food-safety programs and infrastructure. It includes responding to recall notices and food recalls under this chapter. (b) An "eligible entity" is a state, locality, territory, Indian tribe, or nonprofit food-safety trainer partnered with a college. It must apply to the Secretary. The application must include an assurance the entity plans the funded activities. It must describe those activities and itemize how the grant funds will be spent. It must describe how activities will be monitored. It must include an agreement to report information for the Secretary's evaluations. (c) A recipient keeps receiving funds only if it keeps funding its own food-safety programs. That funding must stay at least at last year's level, adjusted for inflation. This matching money can be cash or in-kind, such as equipment or services. (d) The Secretary may renew a grant yearly for up to three years without a new application, if the matching-fund rule was met. The Secretary may waive that rule if funds were diverted for disasters or other special circumstances. (e) Grants last up to three years per recipient. Funding in later years depends on a successful evaluation after the first year. (f) The Secretary must track how well each grant program performs under the FDA Food Safety Modernization Act. Recipients must report each year on how funds were spent and their progress. The Secretary should factor performance into future funding decisions, and avoid duplicating other required evaluations. (g) Grant money must add to, not replace, other funding sources. (h) Congress authorized funding for fiscal years 2011 through 2015.

facts

- Codified at 21 U.S.C. § 399, titled "Grants to enhance food safety," within the Federal Food, Drug, and Cosmetic Act (ch. 675). - Originally enacted as § 909 by Pub. L. 107–188, § 311 (June 12, 2002, 116 Stat. 673), later renumbered § 1009. - Subsequently amended by Pub. L. 111–31 (June 22, 2009) and Pub. L. 111–353, § 210(a) (Jan. 4, 2011), reflecting 3 total amendments. - The provision spans 808 words and authorizes appropriations for fiscal years 2011 through 2015.

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

(a) In general

The Secretary is authorized to make grants to eligible entities to—

(1)

undertake examinations, inspections, and investigations, and related food safety activities under section 372 of this title;

(2)

train to the standards of the Secretary for the examination, inspection, and investigation of food manufacturing, processing, packing, holding, distribution, and importation, including as such examination, inspection, and investigation relate to retail food establishments;

(3)

build the food safety capacity of the laboratories of such eligible entity, including the detection of zoonotic diseases;

(4)

build the infrastructure and capacity of the food safety programs of such eligible entity to meet the standards as outlined in the grant application; and

(5)

take appropriate action to protect the public health in response to—

(A)

a notification under section 398 of this title, including planning and otherwise preparing to take such action; or

(B)

a recall of food under this chapter.

(b) Eligible entities; application

(1) In general

In this section, the term “eligible entity” means an entity—

(A)

that is—

(i)

a State;

(ii)

a locality;

(iii)

a territory;

(iv)

an Indian tribe (as defined in section 5304(e) of title 25); or

(v)

a nonprofit food safety training entity that collaborates with 1 or more institutions of higher education; and

(B)

that submits an application to the Secretary at such time, in such manner, and including such information as the Secretary may reasonably require.

(2) Contents

Each application submitted under paragraph (1) shall include—

(A)

an assurance that the eligible entity has developed plans to engage in the types of activities described in subsection (a);

(B)

a description of the types of activities to be funded by the grant;

(C)

an itemization of how grant funds received under this section will be expended;

(D)

a description of how grant activities will be monitored; and

(E)

an agreement by the eligible entity to report information required by the Secretary to conduct evaluations under this section.

The funds provided under subsection (a) shall be available to an eligible entity that receives a grant under this section only to the extent such entity funds the food safety programs of such entity independently of any grant under this section in each year of the grant at a level equal to the level of such funding in the previous year, increased by the Consumer Price Index. Such non-Federal matching funds may be provided directly or through donations from public or private entities and may be in cash or in-kind, fairly evaluated, including plant, equipment, or services.

(d) Additional authority

The Secretary may—

(1)

award a grant under this section in each subsequent fiscal year without reapplication for a period of not more than 3 years, provided the requirements of subsection (c) are met for the previous fiscal year; and

(2)

award a grant under this section in a fiscal year for which the requirement of subsection (c) has not been met only if such requirement was not met because such funding was diverted for response to 1 or more natural disasters or in other extenuating circumstances that the Secretary may determine appropriate.

(e) Duration of awards

The Secretary may award grants to an individual grant recipient under this section for periods of not more than 3 years. In the event the Secretary conducts a program evaluation, funding in the second year or third year of the grant, where applicable, shall be contingent on a successful program evaluation by the Secretary after the first year.

(f) Progress and evaluation

(1) In general

The Secretary shall measure the status and success of each grant program authorized under the FDA Food Safety Modernization Act (and any amendment made by such Act), including the grant program under this section. A recipient of a grant described in the preceding sentence shall, at the end of each grant year, provide the Secretary with information on how grant funds were spent and the status of the efforts by such recipient to enhance food safety. To the extent practicable, the Secretary shall take the performance of such a grant recipient into account when determining whether to continue funding for such recipient.

(2) No duplication

In carrying out paragraph (1), the Secretary shall not duplicate the efforts of the Secretary under other provisions of this chapter or the FDA Food Safety Modernization Act that require measurement and review of the activities of grant recipients under either this chapter or such Act.

(g) Supplement not supplant

Grant funds received under this section shall be used to supplement, and not supplant, non-Federal funds and any other Federal funds available to carry out the activities described in this section.

(h) Authorization of appropriations

For the purpose of making grants under this section, there are authorized to be appropriated such sums as may be necessary for fiscal years 2011 through 2015.

Source credit: (June 25, 1938, ch. 675, § 1009, formerly § 909, as added Pub. L. 107–188, title III, § 311, June 12, 2002, 116 Stat. 673; renumbered § 1009 and amended Pub. L. 111–31, div. A, title I, §§ 101(b)(2), 103(n), June 22, 2009, 123 Stat. 1784, 1838; Pub. L. 111–353, title II, § 210(a), Jan. 4, 2011, 124 Stat. 3948.)

history & why it existsrecord from the source credit

1938Enacted · Pub. L. 107-188 · 116 Stat. 673
2009Amended · Pub. L. 111-31 · 123 Stat. 1784, 1838
2011Amended · Pub. L. 111-353 · 124 Stat. 3948

The source credit shows this section originates in the Federal Food, Drug, and Cosmetic Act of June 25, 1938 (ch. 675), as a foundational statute later expanded by numbered sections. The specific text now appearing at 21 U.S.C. § 399 was added as section 909 by Public Law 107–188, title III, § 311, enacted June 12, 2002. It was subsequently renumbered as section 1009 and amended by Public Law 111–31 in 2009, and further amended by Public Law 111–353, title II, § 210(a), on January 4, 2011. The source credit thus documents three distinct legislative actions: the original 2002 enactment and two later amendments, one of which involved renumbering. Historical context. Public Law 107–188 is the Public Health Security and Bioterrorism Preparedness and Response Act of 2002, generally understood as a response to heightened concerns about bioterrorism and public health security following the events of 2001, including anthrax attacks that raised alarm about the vulnerability of the food supply. The Act is commonly described as strengthening the federal government's capacity to prevent, detect, and respond to threats to food and drug safety. The later 2011 amendment coincides with Public Law 111–353, the FDA Food Safety Modernization Act, which is widely understood as a broad modernization of the food safety regulatory framework, shifting emphasis toward prevention and strengthening federal-state coordination, including through grant programs. Beyond this general understanding, the record does not establish the specific legislative intent behind the particular provisions of this section.

all 0 arguments · sorted by: best

no arguments yet — make the first case