21 U.S.C. § 384c — Inspection of foreign food facilities

submitted 88 years ago by Pub. L. 111-353 to r/title-21-FOOD-AND-DRUGS · 219 words · no verdicts yet

in plain englishAI-generated · not legal advice

The Secretary may work with foreign governments to inspect registered foreign food facilities, focusing on high-risk ones. Food is refused entry into the United States if the facility's owner or government blocks a U.S. inspection. Not allowing entry within 24 hours of a request counts as a refusal.

(a) The Secretary may make deals with other countries. These deals help inspect foreign food facilities that are registered under this law. The Secretary must also send inspectors to facilities, suppliers, and foods that carry high risk. This helps keep the U.S. food supply safe. The Secretary decides which ones count as high risk.

(b) Food from a foreign factory, warehouse, or other place can be turned away from the United States. This happens if the owner, the person in charge, or the foreign government will not let U.S. inspectors check the place on request. Not allowing a check within 24 hours counts as a refusal. The Secretary and the foreign place can agree to a longer wait time instead.

facts

- Codified at 21 U.S.C. § 384c, titled "Inspection of foreign food facilities," part of the Federal Food, Drug, and Cosmetic Act (ch. 675, § 807). - Added by Pub. L. 111–353, title III, § 306(a), enacted January 4, 2011 (124 Stat. 3958). - Contains 219 words across two subsections: (a) Inspection and (b) Effect of inability to inspect. - Has one source-credit reference documenting its addition to the Code. - Originating base statute dates to June 25, 1938 (ch. 675), with the section itself added later via the 2011 amendment.

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

(a) Inspection

The Secretary—

(1)

may enter into arrangements and agreements with foreign governments to facilitate the inspection of foreign facilities registered under section 350d of this title; and

(2)

shall direct resources to inspections of foreign facilities, suppliers, and food types, especially such facilities, suppliers, and food types that present a high risk (as identified by the Secretary), to help ensure the safety and security of the food supply of the United States.

(b) Effect of inability to inspect

Notwithstanding any other provision of law, food shall be refused admission into the United States if it is from a foreign factory, warehouse, or other establishment of which the owner, operator, or agent in charge, or the government of the foreign country, refuses to permit entry of United States inspectors or other individuals duly designated by the Secretary, upon request, to inspect such factory, warehouse, or other establishment. For purposes of this subsection, such an owner, operator, or agent in charge shall be considered to have refused an inspection if such owner, operator, or agent in charge does not permit an inspection of a factory, warehouse, or other establishment during the 24-hour period after such request is submitted, or after such other time period, as agreed upon by the Secretary and the foreign factory, warehouse, or other establishment.

Source credit: (June 25, 1938, ch. 675, § 807, as added Pub. L. 111–353, title III, § 306(a), Jan. 4, 2011, 124 Stat. 3958.)

history & why it existsrecord from the source credit

1938Enacted · Pub. L. 111-353 · 124 Stat. 3958

The record. The source credit indicates that this section was added as § 807 of the Federal Food, Drug, and Cosmetic Act, originally enacted June 25, 1938 (ch. 675). The provision itself, however, was not part of the 1938 enactment; it was added later by Pub. L. 111–353, title III, § 306(a), enacted January 4, 2011, and is reported at 124 Stat. 3958. The source credit reflects no subsequent amendments to this section since its addition. Historical context. Pub. L. 111–353 is the FDA Food Safety Modernization Act (FSMA), which is generally understood to have been enacted in response to a series of high-profile domestic and imported food-contamination incidents in the years preceding 2011. The Act is commonly described as shifting the federal food-safety framework toward prevention rather than reaction, and toward greater oversight of the increasingly globalized food supply chain, including facilities located outside the United States. Within that broader understanding, provisions addressing inspection of foreign food facilities are consistent with FSMA's general aim of extending inspection authority and import-safety controls to overseas suppliers. Beyond this general legislative purpose, the record does not establish the specific committee deliberations, findings, or intent behind this particular section, and no further conclusions should be drawn about Congress's reasoning for its precise terms.

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