Title 21 — Food and Drugs
Chapter 27 — Food Safety Modernization
§ 2243. Smuggled food
Statutory text
In general
Not later than 180 days after , the Secretary shall, in coordination with the Secretary of Homeland Security, develop and implement a strategy to better identify smuggled food and prevent entry of such food into the United States.
Notification to Homeland Security
Not later than 10 days after the Secretary identifies a smuggled food that the Secretary believes would cause serious adverse health consequences or death to humans or animals, the Secretary shall provide to the Secretary of Homeland Security a notification under section 350f(n) of this title describing the smuggled food and, if available, the names of the individuals or entities that attempted to import such food into the United States.
Public notification
If the Secretary—
identifies a smuggled food;
reasonably believes exposure to the food would cause serious adverse health consequences or death to humans or animals; and
reasonably believes that the food has entered domestic commerce and is likely to be consumed,
the Secretary shall promptly issue a press release describing that food and shall use other emergency communication or recall networks, as appropriate, to warn consumers and vendors about the potential threat.
Effect of section
Nothing in this section shall affect the authority of the Secretary to issue public notifications under other circumstances.
Definition
In this subsection, the term “smuggled food” means any food that a person introduces into the United States through fraudulent means or with the intent to defraud or mislead.
Legislative history
Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.
FDA Food Safety Modernization Act
Pub. L. 111–353 title III § 309 · 124 Stat. 3885
Enacted · 21 U.S.C. § 2243
(Pub. L. 111–353, title III, § 309, Jan. 4, 2011, 124 Stat. 3966.)
Source evidence
Code source credit
(Pub. L. 111–353, title III, § 309, Jan. 4, 2011, 124 Stat. 3966.)Enacted provision · exact public law section
SEC. 309. SMUGGLED FOOD. (a) In General.— Not later than 180 days after the enactment of this Act, the Secretary shall, in coordination with the Secretary of Homeland Security, develop and implement a strategy to better identify smuggled food and prevent entry of such food into the United States. (b) Notification to Homeland Security.— Not later than 10 days after the Secretary identifies a smuggled food that the Secretary believes would cause serious adverse health consequences or death to humans or animals, the Secretary shall provide to the Secretary of Homeland Security a notification under section 417(n) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 350f(k)) describing the smuggled food and, if available, the names of the individuals or entities that attempted to import such food into the United States. (c) Public Notification.— If the Secretary— (1) identifies a smuggled food; (2) reasonably believes exposure to the food would cause serious adverse health consequences or death to humans or animals; and (3) reasonably believes that the food has entered domestic commerce and is likely to be consumed, the Secretary shall promptly issue a press release describing that food and shall use other emergency communication or recall networks, as appropriate, to warn consumers and vendors about the potential threat. (d) Effect of Section.— Nothing in this section shall affect the authority of the Secretary to issue public notifications under other circumstances. (e) Definition.— In this subsection, the term “smuggled food” means any food that a person introduces into the United States through fraudulent means or with the intent to defraud or mislead.
1 of 1 references resolved to an enrolled provision
Editorial Notes
References in Text
The Secretary, referred to in text, probably means the Secretary of Health and Human Services.