Title 21 — Food and DrugsRelease 119-73not60

§2104 State and Federal Cooperation

Title 21 › Chapter 26— FOOD SAFETY › § 2104

Last updated Apr 5, 2026|Official source

Summary

The Secretary must work with States to make food safer, including fresh and processed produce, and to keep federal and state efforts coordinated and cost-effective. The Secretary must encourage States to (1) start, keep, or strengthen state food safety programs, especially for retail businesses; and (2) set rules so processed produce under state programs is safe to eat. The Secretary can give States three kinds of help for these programs: (1) advice; (2) technical help, training, and lab support (including materials and equipment); and (3) financial and other aid. The Secretary can also make agreements with federal, state, or local agencies to use their staff, services, and facilities, and those agreements may include training state employees.

Full Legal Text

Title 21, §2104

Food and Drugs — Source: USLM XML via OLRC

(a)The Secretary shall work with the States in undertaking activities and programs that assist in improving the safety of food, including fresh and processed produce, so that State food safety programs and activities conducted by the Secretary function in a coordinated and cost-effective manner. With the assistance provided under subsection (b), the Secretary shall encourage States to—

(1)establish, continue, or strengthen State food safety programs, especially with respect to the regulation of retail commercial food establishments; and

(2)establish procedures and requirements for ensuring that processed produce under the jurisdiction of State food safety programs is not unsafe for human consumption.

(b)The Secretary may provide to a State, for planning, developing, and implementing such a food safety program—

(1)advisory assistance;

(2)technical assistance, training, and laboratory assistance (including necessary materials and equipment); and

(3)financial and other assistance.

(c)The Secretary may, under an agreement entered into with a Federal, State, or local agency, use, on a reimbursable basis or otherwise, the personnel, services, and facilities of the agency to carry out the responsibilities of the agency under this section. An agreement entered into with a State agency under this subsection may provide for training of State employees.

Reference

Citations & Metadata

Citation

21 U.S.C. § 2104

Title 21 — Food and Drugs

Last Updated

Apr 5, 2026

Release point: 119-73not60