§384c — Title 21 Food and Drugs | U.S. Code

Summary

The Secretary can make agreements with foreign governments to help inspect foreign food facilities that are registered. The Secretary must use resources to inspect foreign facilities, suppliers, and kinds of food, focusing on those the Secretary says are high risk to protect the U.S. food supply. Food will be refused entry into the United States if it comes from a foreign factory, warehouse, or other place whose owner, operator, agent in charge, or government refuses to let U.S. inspectors or people the Secretary appoints inspect when asked. An owner/operator/agent is treated as refusing if they do not allow an inspection within 24 hours after the request, or within another time both sides agree on.

Title 21, §384c

Food and Drugs — Source: USLM XML via OLRC

(a)The Secretary—

(1)may enter into arrangements and agreements with foreign governments to facilitate the inspection of foreign facilities registered under section 350d of this title; and

(2)shall direct resources to inspections of foreign facilities, suppliers, and food types, especially such facilities, suppliers, and food types that present a high risk (as identified by the Secretary), to help ensure the safety and security of the food supply of the United States.

(b)Notwithstanding any other provision of law, food shall be refused admission into the United States if it is from a foreign factory, warehouse, or other establishment of which the owner, operator, or agent in charge, or the government of the foreign country, refuses to permit entry of United States inspectors or other individuals duly designated by the Secretary, upon request, to inspect such factory, warehouse, or other establishment. For purposes of this subsection, such an owner, operator, or agent in charge shall be considered to have refused an inspection if such owner, operator, or agent in charge does not permit an inspection of a factory, warehouse, or other establishment during the 24-hour period after such request is submitted, or after such other time period, as agreed upon by the Secretary and the foreign factory, warehouse, or other establishment.

Notes & Related Subsidiaries

Statutory Notes and Related Subsidiaries

Construction

Nothing in this section to be construed to apply to certain alcohol-related facilities, to alter jurisdiction and authorities established under certain other Acts, or in a manner inconsistent with international agreements to which the United States is a party, see section 2206, 2251, and 2252 of this title.

§384c Inspection of foreign food facilities

Summary

Title 21, §384c

Notes & Related Subsidiaries

Statutory Notes and Related Subsidiaries

Construction

Citations & Metadata