Title 21, Food and DrugsRelease 119-110

§2109 Publication of Annual Reports

Title 21 › CHAPTER 26 — FOOD SAFETY › § 2109

Last updated Sep 22, 2026|Official source

Summary

The FDA Commissioner must send Congress and post on the FDA website a yearly report about the agency’s pesticide residue testing. The report must include analysis like the FDA’s 2003 Pesticide Program report (released June 2005); identify products or countries that need extra study and explain plans for those studies (the first report must include the Ginseng Dietary Supplements Special Survey results and analysis described on page 13 of the 2003 report); give how many interstate and imported shipments of each tested food were sampled and whether the sampling is statistically sound (with confidence intervals or other stats and plans to increase sampling if needed); and describe if some goods are being imported under the wrong name and what will be done to stop that. Reports for fiscal years 2004–2006 may be combined into one report by June 1, 2008. After that, each annual report must be finished by June 1 and cover data from two years earlier. The FDA Commissioner must make a memorandum of understanding with the Food Safety and Inspection Service, the Department of Commerce, and the Agricultural Marketing Service so testing data 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)In general

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)Initial reports

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)Memorandum of understanding

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 21, Food and Drugs

Last Updated

Sep 22, 2026

Release point: 119-110