Title 21, Food and DrugsRelease 119-110

§398 Notices to States Regarding Imported Food

Title 21 › CHAPTER 9 — FEDERAL FOOD, DRUG, AND COSMETIC ACT › SUBCHAPTER X — MISCELLANEOUS › § 398

Last updated Sep 22, 2026|Official source

Summary

When the Secretary has reliable information that an imported food shipment might cause serious illness or death to people or animals, the Secretary must notify the States where the food is or will be held and the States where the food’s maker, packer, or distributor is located, as far as the Secretary knows. The Secretary will ask those States to take any steps they think are needed to protect public health. Notifying States in this way does not limit the Secretary’s other legal powers over food.

Full Legal Text

Title 21, §398

Food and Drugs, Source: USLM XML via OLRC

(a)In general

If the Secretary has credible evidence or information indicating that a shipment of imported food or portion thereof presents a threat of serious adverse health consequences or death to humans or animals, the Secretary shall provide notice regarding such threat to the States in which the food is held or will be held, and to the States in which the manufacturer, packer, or distributor of the food is located, to the extent that the Secretary has knowledge of which States are so involved. In providing notice to a State, the Secretary shall request the State to take such action as the State considers appropriate, if any, to protect the public health regarding the food involved.

(b)Rule of construction

Subsection (a) may not be construed as limiting the authority of the Secretary with respect to food under any other provision of this chapter.

Reference

Citations & Metadata

Citation

21 U.S.C. § 398

Title 21, Food and Drugs

Last Updated

Sep 22, 2026

Release point: 119-110