Title 21Food and DrugsRelease 119-73

§374a Inspections relating to food allergens

Title 21 › Chapter CHAPTER 9— - FEDERAL FOOD, DRUG, AND COSMETIC ACT › Subchapter SUBCHAPTER VII— - GENERAL AUTHORITY › Part Part A— - General Administrative Provisions › § 374a

Last updated Apr 6, 2026|Official source

Summary

The Secretary of Health and Human Services must use the agency’s inspection powers to check places where food is made, processed, packed, or stored. Inspections must verify that businesses follow practices to prevent leftover major food allergens from getting into foods where they don’t belong, and that foods have correct labels showing any major food allergens.

Full Legal Text

Title 21, §374a

Food and Drugs — Source: USLM XML via OLRC

The Secretary of Health and Human Services shall conduct inspections consistent with the authority under section 374 of this title of facilities in which foods are manufactured, processed, packed, or held—
(1)to ensure that the entities operating the facilities comply with practices to reduce or eliminate cross-contact of a food with residues of major food allergens that are not intentional ingredients of the food; and
(2)to ensure that major food allergens are properly labeled on foods.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

Codification Section was enacted as a part of the Food Allergen Labeling and Consumer Protection Act of 2004, and not as part of the Federal Food, Drug, and Cosmetic Act which comprises this chapter.

Reference

Citations & Metadata

Citation

21 U.S.C. § 374a

Title 21Food and Drugs

Last Updated

Apr 6, 2026

Release point: 119-73