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21 U.S.C. § 393

Food and Drug Administration

United States · Title 21 — FOOD AND DRUGS · Status: effective

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21 U.S.C. § 393, Food and Drug Administration, United States, version 1 as recorded 2026-07-09, yourstate.us, https://yourstate.us/provision/454496
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Full text

There is established in the Department of Health and Human Services the Food and Drug Administration (hereinafter in this section referred to as the “Administration”). The Administration shall— with respect to such products, protect the public health by ensuring that— The Secretary shall implement programs and policies that will foster collaboration between the Administration, the National Institutes of Health, and other science-based Federal agencies, to enhance the scientific and technical expertise available to the Secretary in the conduct of the duties of the Secretary with respect to the development, clinical investigation, evaluation, and postmarket monitoring of emerging medical therapies, including complementary therapies, and advances in nutrition and food science. There shall be in the Administration a Commissioner of Food and Drugs (hereinafter in this section referred to as the “Commissioner”) who shall be appointed by the President by and with the advice and consent of the Senate. The Secretary, through the Commissioner, shall be responsible for executing this chapter and for— The Secretary through the Commissioner of Food and Drugs may, without regard to the provisions of title 5 governing appointments in the competitive service and without regard to the provisions of chapter 51 and subchapter III of chapter 53 of such title relating to classification and General Schedule pay rates, establish such technical and scientific review groups as are needed to carry out the functions of the Administration, including functions under this chapter, and appoint and pay the members of such groups, except that officers and employees of the United States shall not receive additional compensation for service as members of such groups. Not later than 1 year after November 21, 1997, the Secretary, after consultation with appropriate scientific and academic experts, health care professionals, representatives of patient and consumer advocacy groups, and the regulated industry, shall develop and publish in the Federal Register a plan bringing the Secretary into compliance with each of the obligations of the Secretary under this chapter. The Secretary shall review the plan biannually and shall revise the plan as necessary, in consultation with such persons. The plan required by paragraph (1) shall establish objectives and mechanisms to achieve such objectives, including objectives related to— The Secretary shall annually prepare and publish in the Federal Register and solicit public comment on a report that— Not later than February 1 of each year, the Secretary shall submit to Congress a report, including efforts to coordinate and cooperate with other Federal agencies with responsibilities for food inspections, regarding— information about food facilities including— information about food imports including— information on the foreign offices of the Food and Drug Administration including— The Secretary shall make the reports required under subsection (h) available to the public on the Internet Web site of the Food and Drug Administration.

Legislative history

The public laws that enacted or amended this section. Tallies are for the whole bill as it passed each chamber — often an omnibus covering far more than this provision — not a vote on this section alone.

  • Enacted byPub. L. 100-607(S. 2889)1988-11-04
    Health Omnibus Extension of 1988
    House: no recorded tallySenate: no recorded tally
  • Amended byPub. L. 100-690(H.R. 5210)1988-11-18
    Anti-Drug Abuse Act of 1988
    House: no recorded tallySenate: no recorded tally
  • Amended byPub. L. 105-115(S. 830)1997-11-21
    Food and Drug Administration Modernization Act of 1997
    House: no recorded tallySenate: 98–2
  • Amended byPub. L. 111-31(H.R. 1256)2009-06-22
    To protect the public health by providing the Food and Drug Administration with certain authority to regulate tobacco products, to amend title 5, United States Code, to make certain modifications in the Thrift Savings Plan, the Civil Service Retirement System, and the Federal Employees' Retirement System, and for other purposes.
  • Amended byPub. L. 111-353(H.R. 2751)2011-01-04
    FDA Food Safety Modernization Act
    House: 215–144Senate: no recorded tally