21 U.S.C. § 2243: Smuggled food

Summary

Within 180 days after January 4, 2011, the Secretary and the Secretary of Homeland Security must create and start a plan to better detect and stop smuggled food from entering the United States. If smuggled food that could cause serious illness or death to humans or animals is found, the Secretary must notify Homeland Security within 10 days under section 350f(n) and give importer names if known, and if the food is likely in U.S. commerce and likely to be consumed the Secretary must quickly issue a press release and other emergency warnings. This does not limit other public warnings. "Smuggled food" means food brought into the U.S. by fraud or to mislead.

Title 21, §2243

Food and Drugs, Source: USLM XML via OLRC

(a)In general

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)Notification to Homeland Security

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)Public notification

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,

the Secretary shall promptly issue a press release describing that food and shall use other emergency communication or recall networks, as appropriate, to warn consumers and vendors about the potential threat.

(d)Effect of section (e) Definition

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

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

Citations & Metadata