21 U.S.C. § 399c — Improving the training of State, local, territorial, and tribal food safety officials

submitted 88 years ago by Pub. L. 111-353 to r/title-21-FOOD-AND-DRUGS · 513 words · no verdicts yet

in plain englishAI-generated · not legal advice

The Secretary must train state, local, territorial, and tribal food safety officials. The Secretary can partner with these agencies to conduct food safety inspections and testing. A grant program funds food safety training for farmers and small food processors through 2015.

(a) The Secretary must set standards for training food safety officials. This applies to state, local, territorial, and tribal officials. The Secretary must run training programs for them. Training covers science and inspection skills. It covers product and process specialization. It covers best practices and administrative integrity. It covers sampling and lab methods. It covers building enforcement cases after inspections. (b) The Secretary may contract with state, local, territorial, or tribal agencies. These agreements let their officers conduct food safety examinations, testing, and investigations. The agreements must include adequate training. They may include reimbursement terms. This does not limit the Secretary's separate inspection authority. (c) The Secretary must coordinate with the National Institute of Food and Agriculture's extension service. This helps producers and small processors adjust to new practices under the FDA Food Safety Modernization Act. (d) Within 180 days of enactment, the Secretary must partner with the Secretary of Agriculture. Together they create a competitive grant program. This program gives food safety training and technical help to farm owners and operators. It also helps small food processors and small fruit and vegetable wholesalers. The grant program follows existing rules for agricultural extension grants. (e) Congress authorizes whatever funding is needed to carry out this section. This funding covers fiscal years 2011 through 2015.

facts

- Codified at 21 U.S.C. § 399c, titled "Improving the training of State, local, territorial, and tribal food safety officials." - Enacted as part of the Federal Food, Drug, and Cosmetic Act (June 25, 1938, ch. 675), originally added as § 1011 by Pub. L. 111–353, § 209(a), on January 4, 2011. - Later renumbered as § 1012 by Pub. L. 114–255, div. A, title III, § 3073(b)(2), on December 13, 2016. - The provision contains 513 words and has undergone 2 amendments per its source-credit history. - Authorizes appropriations for fiscal years 2011 through 2015 to carry out the section's food safety training programs.

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

(a) Training

The Secretary shall set standards and administer training and education programs for the employees of State, local, territorial, and tribal food safety officials relating to the regulatory responsibilities and policies established by this chapter, including programs for—

(1)

scientific training;

(2)

training to improve the skill of officers and employees authorized to conduct inspections under sections 372 and 374 of this title;

(3)

training to achieve advanced product or process specialization in such inspections;

(4)

training that addresses best practices;

(5)

training in administrative process and procedure and integrity issues;

(6)

training in appropriate sampling and laboratory analysis methodology; and

(7)

training in building enforcement actions following inspections, examinations, testing, and investigations.

(b) Partnerships with State and local officials

(1) In general

The Secretary, pursuant to a contract or memorandum of understanding between the Secretary and the head of a State, local, territorial, or tribal department or agency, is authorized and encouraged to conduct examinations, testing, and investigations for the purposes of determining compliance with the food safety provisions of this chapter through the officers and employees of such State, local, territorial, or tribal department or agency.

(2) Content

A contract or memorandum described under paragraph (1) shall include provisions to ensure adequate training of such officers and employees to conduct such examinations, testing, and investigations. The contract or memorandum shall contain provisions regarding reimbursement. Such provisions may, at the sole discretion of the head of the other department or agency, require reimbursement, in whole or in part, from the Secretary for the examinations, testing, or investigations performed pursuant to this section by the officers or employees of the State, territorial, or tribal department or agency.

(3) Effect

Nothing in this subsection shall be construed to limit the authority of the Secretary under section 372 of this title.

The Secretary shall ensure coordination with the extension activities of the National Institute of Food and Agriculture of the Department of Agriculture in advising producers and small processors transitioning into new practices required as a result of the enactment of the FDA Food Safety Modernization Act and assisting regulated industry with compliance with such Act.

(d) National Food Safety Training, Education, Extension, Outreach and Technical Assistance Program

(1) In general

In order to improve food safety and reduce the incidence of foodborne illness, the Secretary shall, not later than 180 days after January 4, 2011, enter into one or more memoranda of understanding, or enter into other cooperative agreements, with the Secretary of Agriculture to establish a competitive grant program within the National Institute for Food and Agriculture to provide food safety training, education, extension, outreach, and technical assistance to—

(A)

owners and operators of farms;

(B)

small food processors; and

(C)

small fruit and vegetable merchant wholesalers.

(2) Implementation

The competitive grant program established under paragraph (1) shall be carried out in accordance with section 7625 of title 7.

(e) Authorization of appropriations

There are authorized to be appropriated such sums as may be necessary to carry out this section for fiscal years 2011 through 2015.

Source credit: (June 25, 1938, ch. 675, § 1012, formerly § 1011, as added Pub. L. 111–353, title II, § 209(a), Jan. 4, 2011, 124 Stat. 3945; renumbered § 1012, Pub. L. 114–255, div. A, title III, § 3073(b)(2), Dec. 13, 2016, 130 Stat. 1137.)

history & why it existsrecord from the source credit

1938Enacted · Pub. L. 111-353 · 124 Stat. 3945
2016Amended · Pub. L. 114-255 · 130 Stat. 1137

The source credit places this section within the Federal Food, Drug, and Cosmetic Act of June 25, 1938 (ch. 675). The specific provision, however, was not part of the original 1938 enactment; it was added as section 1011 by Public Law 111–353, title II, section 209(a), on January 4, 2011, and later renumbered as section 1012 by Public Law 114–255 in December 2016. The source credit thus reflects a single substantive amendment (the 2011 addition) and one subsequent technical renumbering, rather than repeated substantive revision. Public Law 111–353 is commonly known as the FDA Food Safety Modernization Act (FSMA). The Act is generally understood to have been enacted in response to a series of high-profile foodborne illness outbreaks in the years preceding 2011, which prompted concern that the federal food safety system was primarily reactive rather than preventive. The commonly cited purpose of FSMA was to shift regulatory emphasis toward prevention of contamination, strengthen inspection and compliance capacity, and improve coordination between federal, state, local, territorial, and tribal food safety authorities. Within that broader context, provisions addressing training and partnerships with subnational food safety officials, such as this section, are consistent with FSMA's general aim of building a more integrated national food safety system. The record here does not, however, establish the specific legislative reasoning behind this provision's particular design.

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