§2243 — Title 21 Food and Drugs | U.S. Code

Summary

The Secretary must, within 180 days after January 4, 2011, work with the Secretary of Homeland Security to create and start a plan to better find smuggled food and stop it from entering the United States. If the Secretary finds a smuggled food that could cause serious illness or death, the Secretary must notify the Secretary of Homeland Security within 10 days using the required notification process and describe the food and, if known, the people or companies that tried to import it. The law says the Secretary must believe three things about the food: it is smuggled, exposure could cause serious harm or death, and it has entered U.S. markets and is likely to be eaten. The rule does not limit the Secretary’s other authority to warn the public. Smuggled food means food brought into the United States by fraud or to deceive.

Title 21, §2243

Food and Drugs — Source: USLM XML via OLRC

(a)Not later than 180 days after January 4, 2011, the Secretary shall, in coordination with the Secretary of Homeland Security, develop and implement a strategy to better identify smuggled food and prevent entry of such food into the United States.

(b)Not later than 10 days after the Secretary identifies a smuggled food that the Secretary believes would cause serious adverse health consequences or death to humans or animals, the Secretary shall provide to the Secretary of Homeland Security a notification under section 350f(n) of this title describing the smuggled food and, if available, the names of the individuals or entities that attempted to import such food into the United States.

(c)If the Secretary—

(1)identifies a smuggled food;

(2)reasonably believes exposure to the food would cause serious adverse health consequences or death to humans or animals; and

(3)reasonably believes that the food has entered domestic commerce and is likely to be consumed,

(d)Nothing in this section shall affect the authority of the Secretary to issue public notifications under other circumstances.

(e)In this subsection, the term “smuggled food” means any food that a person introduces into the United States through fraudulent means or with the intent to defraud or mislead.

Editorial Notes

References in Text

The Secretary, referred to in text, probably means the Secretary of Health and Human Services.

§2243 Smuggled Food

Summary

Title 21, §2243

Notes & Related Subsidiaries

Editorial Notes

References in Text

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