Title 21Food and DrugsRelease 119-73

§2109 Publication of annual reports

Title 21 › Chapter CHAPTER 26— - FOOD SAFETY › § 2109

Last updated Apr 6, 2026|Official source

Summary

The FDA Commissioner must send Congress and post on the FDA website a yearly report on the agency’s pesticide residue testing. The report must include information like the “Food and Drug Administration Pesticide Program Residue Monitoring 2003” report released in June of 2005; identify products or countries (for imports) that need extra study and plans for those studies, and include the results and analysis of the Ginseng Dietary Supplements Special Survey noted on page 13 of that 2003 report; give how many interstate and imported shipments of each tested commodity were sampled and whether the sampling is statistically strong (confidence intervals and recommendations on more samples and plans to increase them); and describe if some goods are being imported under the wrong name and what steps will be taken to stop that. Reports for fiscal years 2004 through 2006 may be combined into one report by June 1, 2008. After that, each report is due by June 1 and must cover data collected two years earlier. The FDA Commissioner, the Administrator of the Food Safety and Inspection Service, the Department of Commerce, and the head of the Agricultural Marketing Service must make a written agreement so testing data from FSIS and AMS on meat, poultry, eggs, and certain raw agricultural products can be included.

Full Legal Text

Title 21, §2109

Food and Drugs — Source: USLM XML via OLRC

(a)The Commissioner of Food and Drugs shall annually submit to Congress and publish on the Internet Web site of the Food and Drug Administration, a report concerning the results of the Administration’s pesticide residue monitoring program, that includes—
(1)information and analysis similar to that contained in the report entitled “Food and Drug Administration Pesticide Program Residue Monitoring 2003” as released in June of 2005;
(2)based on an analysis of previous samples, an identification of products or countries (for imports) that require special attention and additional study based on a comparison with equivalent products manufactured, distributed, or sold in the United States (including details on the plans for such additional studies), including in the initial report (and subsequent reports as determined necessary) the results and analysis of the Ginseng Dietary Supplements Special Survey as described on page 13 of the report entitled “Food and Drug Administration Pesticide Program Residue Monitoring 2003”;
(3)information on the relative number of interstate and imported shipments of each tested commodity that were sampled, including recommendations on whether sampling is statistically significant, provides confidence intervals or other related statistical information, and whether the number of samples should be increased and the details of any plans to provide for such increase; and
(4)a description of whether certain commodities are being improperly imported as another commodity, including a description of additional steps that are being planned to prevent such smuggling.
(b)Annual reports under subsection (a) for fiscal years 2004 through 2006 may be combined into a single report, by not later than June 1, 2008, for purposes of publication under subsection (a). Thereafter such reports shall be completed by June 1 of each year for the data collected for the year that was 2-years prior to the year in which the report is published.
(c)The Commissioner of Food and Drugs, the Administrator of the Food Safety and Inspection Service, the Department of Commerce, and the head of the Agricultural Marketing Service shall enter into a memorandum of understanding to permit inclusion of data in the reports under subsection (a) relating to testing carried out by the Food Safety and Inspection Service and the Agricultural Marketing Service on meat, poultry, eggs, and certain raw agricultural products, respectively.

Reference

Citations & Metadata

Citation

21 U.S.C. § 2109

Title 21Food and Drugs

Last Updated

Apr 6, 2026

Release point: 119-73