21 U.S.C. § 374a — Inspections relating to food allergens

This section directs the Secretary of Health and Human Services to inspect food facilities. These are places where food is manufactured, processed, packed, or held. The Secretary inspects these facilities using the inspection power already given under section 374 of this title. The inspections serve two purposes. First, they check that facility operators follow practices that reduce or eliminate "cross-contact." Cross-contact means a food picking up traces of a major food allergen that is not meant to be one of its ingredients. Second, the inspections check that major food allergens are properly listed on food labels. The section does not name the "major food allergens" it refers to, or say what "properly labeled" requires; those terms are not defined here. It also does not describe what happens if a facility fails an inspection or is found out of compliance. It simply directs the Secretary to conduct the inspections for these two purposes, relying on the Secretary's existing inspection authority.

The record. According to the source credit, this section was enacted by Public Law 108-282, title II, § 205, on August 2, 2004, and appears in the United States Statutes at Large at 118 Stat. 909. The source credit reflects one amendment action associated with this codification. Historical context. Public Law 108-282 is commonly known as the Food Allergen Labeling and Consumer Protection Act of 2004 (FALCPA). The Act is generally understood to have been enacted in response to growing public health concerns about food allergies, particularly the risk that undeclared allergenic ingredients—or cross-contact with allergens during manufacturing—could pose serious or life-threatening reactions to consumers. Its commonly cited purpose was to require clearer labeling of major food allergens in packaged foods and to strengthen oversight of food production practices to prevent inadvertent allergen contamination. Within that broader framework, this section directs the Secretary of Health and Human Services to conduct facility inspections aimed at ensuring compliance with allergen cross-contact controls and proper labeling. The general legislative purpose of FALCPA supports the inclusion of an inspection and enforcement mechanism, but the specific record does not establish additional detail—such as committee deliberation or debate—regarding why this particular inspection authority was structured as it appears here. Readers seeking that level of detail should consult the legislative history directly.