21 U.S.C. § 398 — Notices to States regarding imported food
submitted 88 years ago by Pub. L. 107-188 to r/title-21-FOOD-AND-DRUGS · 146 words · no verdicts yet
If imported food threatens serious illness or death, the Secretary must notify the affected states. States decide what action, if any, to take to protect public health. This notice requirement does not limit the Secretary's other powers over food.
(a) The Secretary* must notify states when imported food* poses a threat. This applies if the Secretary has credible evidence that a shipment, or part of it, threatens serious illness or death to people or animals. The notice goes to states where the food is or will be held. It also goes to states where the food's manufacturer, packer, or distributor is located. This applies as far as the Secretary knows which states those are. When giving this notice, the Secretary asks each state to take whatever action it thinks is appropriate. The goal is to protect public health regarding that food. The choice of what to do, if anything, is left to the state.
(b) This notice requirement does not limit any other power the Secretary already has over food. That power comes from the rest of this chapter. The Secretary can still use other legal tools alongside, or instead of, sending this notice.
facts
If the Secretary* has credible evidence or information indicating that a shipment of imported food* or portion thereof presents a threat of serious adverse health consequences or death to humans or animals, the Secretary shall provide notice regarding such threat to the States in which the food is held or will be held, and to the States in which the manufacturer, packer, or distributor of the food is located, to the extent that the Secretary has knowledge of which States are so involved. In providing notice to a State, the Secretary shall request the State to take such action as the State considers appropriate, if any, to protect the public health regarding the food involved.
Subsection (a) may not be construed as limiting the authority of the Secretary with respect to food under any other provision of this chapter.
Source credit: (June 25, 1938, ch. 675, § 1008, formerly § 908, as added Pub. L. 107–188, title III, § 310, June 12, 2002, 116 Stat. 673; renumbered § 1008, Pub. L. 111–31, div. A, title I, § 101(b)(2), June 22, 2009, 123 Stat. 1784.)
- 1938Enacted · Pub. L. 107-188 · 116 Stat. 673
- 2009Amended · Pub. L. 111-31 · 123 Stat. 1784
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