§1402 — Title 21 Food and Drugs | U.S. Code

Summary

The Secretary of Health and Human Services must make agreements with governments of the countries that send most of the food the U.S. checks for pesticide residues. The goal is to help the FDA make sure imported food meets U.S. pesticide limits. The agreements must say what each side will do and require foreign governments to give up-to-date lists of pesticides used when food is grown, moved, or stored. If a country will not agree or the information is not enough, the Secretary must try to get the same pesticide information from other federal or international agencies or from private sources. The Secretary must give the information to the FDA offices that test imports and share it with state agencies, except for private-source data that legally cannot be shared. Before starting talks with a foreign country, the Secretary must notify and work with the Department of Agriculture, the Environmental Protection Agency, and the Department of State. Not later than one year after August 23, 1988, the Secretary must report to the Senate Committees on Agriculture, Nutrition, and Forestry and on Labor and Human Resources and to the matching committees in the House of Representatives about what was done, and must make that report available to federal and state agencies and interested people.

Title 21, §1402

Food and Drugs — Source: USLM XML via OLRC

(a)The Secretary of Health and Human Services shall enter into cooperative agreements with the governments of the countries which are the major sources of food imports into the United States subject to pesticide residue monitoring by the Food and Drug Administration for the purpose of improving the ability of the Food and Drug Administration to assure compliance with the pesticide tolerance requirements of the Federal Food, Drug, and Cosmetic Act [21 U.S.C. 301 et seq.] with regard to imported food.

(b)(1)The cooperative agreements entered into under subsection (a) with governments of foreign countries shall specify the action to be taken by the parties to the agreements to accomplish the purpose described in subsection (a), including the means by which the governments of the foreign countries will provide to the Secretary of Health and Human Services current information identifying each of the pesticides used in the production, transportation, and storage of food products imported from production regions of such countries into the United States.

(2)In the case of a foreign country with which the Secretary is unable to enter into an agreement under subsection (a) or for which the information provided under paragraph (1) is insufficient to assure an effective pesticide monitoring program, the Secretary shall, to the extent practicable, obtain the information described in paragraph (1) with respect to such country from other Federal or international agencies or private sources.

(3)The Secretary of Health and Human Services shall assure that appropriate offices of the Food and Drug Administration which are engaged in the monitoring of imported food for pesticide residues receive the information obtained under paragraph (1) or (2).

(4)The Secretary of Health and Human Services shall make available any information obtained under paragraph (1) or (2) to State agencies engaged in the monitoring of imported food for pesticide residues other than information obtained from private sources the disclosure of which to such agencies is restricted.

(c)The Secretary of Health and Human Services shall—

(1)notify in writing the Department of Agriculture, the Environmental Protection Agency, and the Department of State at the initiation of negotiations with a foreign country to develop a cooperative agreement under subsection (a); and

(2)coordinate the activities of the Department of Health and Human Services with the activities of those departments and agencies, as appropriate, during the course of such negotiations.

(d)Not later than one year after August 23, 1988, the Secretary of Health and Human Services shall report to the Committee on Agriculture, Nutrition, and Forestry and the Committee on Labor and Human Resources of the Senate and the House of Representatives on the activities undertaken by the Secretary to implement this section. The report shall be made available to appropriate Federal and State agencies and to interested persons.

Notes & Related Subsidiaries

Editorial Notes

References in Text

The Federal Food, Drug, and Cosmetic Act, referred to in subsec. (a), is act June 25, 1938, ch. 675, 52 Stat. 1040, which is classified generally to chapter 9 (§ 301 et seq.) of this title. For complete classification of this Act to the Code, see section 301 of this title and Tables.

Statutory Notes and Related Subsidiaries

Change of Name

Committee on Labor and Human Resources of Senate changed to Committee on Health, Education, Labor, and Pensions of Senate by Senate Resolution No. 20, One Hundred Sixth Congress, Jan. 19, 1999.

§1402 Foreign pesticide information