21 U.S.C. § 2109 — Publication of annual reports

(a) In general. Each year, the Commissioner of Food and Drugs must submit to Congress and publish on the Food and Drug Administration’s website a report about the results of the Administration’s pesticide-residue monitoring program. The report must include—(1) information and analysis similar to the report titled “Food and Drug Administration Pesticide Program Residue Monitoring 2003,” released in June 2005; (2) based on analysis of earlier samples, identification of products or import countries needing special attention and additional study, compared with equivalent products made, distributed, or sold in the United States. The report must include details of plans for those studies and, in the first report and later reports when necessary, the results and analysis of the Ginseng Dietary Supplements Special Survey described on page 13 of that 2003 report; (3) information about the relative number of interstate and imported shipments of each tested commodity that were sampled. It must recommend whether the sampling is statistically significant and provides confidence intervals or other related statistical information, whether more samples are needed, and the details of plans to increase sampling; and (4) a description of whether commodities are being improperly imported as another commodity, including additional steps planned to prevent that smuggling. (b) Initial reports. The annual reports for fiscal years 2004 through 2006 may be combined into one report no later than June 1, 2008, for publication under subsection (a). After that, each report must be completed by June 1 of each year and cover data collected for the year two years before the year of publication. (c) Memorandum of understanding. The Commissioner of Food and Drugs, the Administrator of the Food Safety and Inspection Service, the Department of Commerce, and the head of the Agricultural Marketing Service must enter into a memorandum of understanding allowing the reports under subsection (a) to include data from testing by the Food Safety and Inspection Service and the Agricultural Marketing Service on meat, poultry, eggs, and certain raw agricultural products, respectively.