§399c — Title 21 Food and Drugs | U.S. Code

Summary

Federal health officials must set training rules and run education programs for state, local, territorial, and tribal food safety workers. The training covers science, inspection skills (including advanced product or process specialization), best practices, administrative procedures and integrity, sampling and lab testing methods, and how to prepare enforcement actions after inspections, tests, or investigations. The federal official can make contracts or memoranda with those agencies so their officers can perform exams, tests, and investigations for food-safety compliance. Those agreements must make sure the officers are trained and must state how reimbursement will work. The agreements do not limit the Secretary’s other inspection powers. The Secretary must coordinate with the Agriculture Department’s National Institute of Food and Agriculture to help producers and small processors adopt practices required by the FDA Food Safety Modernization Act. Not later than 180 days after January 4, 2011, the Secretary must make agreements with the Agriculture Secretary to set up a competitive grant program at that Institute to give training, outreach, and technical help to farm owners, small food processors, and small fruit and vegetable merchant wholesalers. The grant program must follow section 7625 of title 7. Funding was authorized as needed for fiscal years 2011 through 2015.

Title 21, §399c

Food and Drugs — Source: USLM XML via OLRC

(a)The Secretary shall set standards and administer training and education programs for the employees of State, local, territorial, and tribal food safety officials relating to the regulatory responsibilities and policies established by this chapter, including programs for—

(1)scientific training;

(2)training to improve the skill of officers and employees authorized to conduct inspections under section 372 and 374 of this title;

(3)training to achieve advanced product or process specialization in such inspections;

(4)training that addresses best practices;

(5)training in administrative process and procedure and integrity issues;

(6)training in appropriate sampling and laboratory analysis methodology; and

(7)training in building enforcement actions following inspections, examinations, testing, and investigations.

(b)(1)The Secretary, pursuant to a contract or memorandum of understanding between the Secretary and the head of a State, local, territorial, or tribal department or agency, is authorized and encouraged to conduct examinations, testing, and investigations for the purposes of determining compliance with the food safety provisions of this chapter through the officers and employees of such State, local, territorial, or tribal department or agency.

(2)A contract or memorandum described under paragraph (1) shall include provisions to ensure adequate training of such officers and employees to conduct such examinations, testing, and investigations. The contract or memorandum shall contain provisions regarding reimbursement. Such provisions may, at the sole discretion of the head of the other department or agency, require reimbursement, in whole or in part, from the Secretary for the examinations, testing, or investigations performed pursuant to this section by the officers or employees of the State, territorial, or tribal department or agency.

(3)Nothing in this subsection shall be construed to limit the authority of the Secretary under section 372 of this title.

(c)The Secretary shall ensure coordination with the extension activities of the National Institute of Food and Agriculture of the Department of Agriculture in advising producers and small processors transitioning into new practices required as a result of the enactment of the FDA Food Safety Modernization Act and assisting regulated industry with compliance with such Act.

(d)(1)In order to improve food safety and reduce the incidence of foodborne illness, the Secretary shall, not later than 180 days after January 4, 2011, enter into one or more memoranda of understanding, or enter into other cooperative agreements, with the Secretary of Agriculture to establish a competitive grant program within the National Institute for Food and Agriculture to provide food safety training, education, extension, outreach, and technical assistance to—

(A)owners and operators of farms;

(B)small food processors; and

(C)small fruit and vegetable merchant wholesalers.

(2)The competitive grant program established under paragraph (1) shall be carried out in accordance with section 7625 of title 7.

(e)There are authorized to be appropriated such sums as may be necessary to carry out this section for fiscal years 2011 through 2015.

Notes & Related Subsidiaries

Editorial Notes

References in Text

The FDA Food Safety Modernization Act, referred to in subsec. (c), is Pub. L. 111–353, Jan. 4, 2011, 124 Stat. 3885, which enacted chapter 27 (§ 2201 et seq.) and sections 350g to 350l–1, 379j–31, 384a to 384d, 399c, and 399d of this title, section 7625 of Title 7, Agriculture, and section 280g–16 of Title 42, The Public Health and Welfare, amended section 331, 333, 334, 350b to 350d, 350f, 374, 381, 393, and 399 of this title and section 247b–20 of Title 42, and enacted provisions set out as notes under section 331, 334, 342, 350b, 350d, 350e, 350g to 350j, 350l, and 381 of this title. For complete classification of this Act to the Code, see

Short Title

note set out under section 2201 of this title and Tables.

Prior Provisions

A prior section 1012 of act June 25, 1938, was renumbered section 1013 and is classified to section 399d of this title.

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.

§399c Improving the training of State, local, territorial, and tribal food safety officials