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21 U.S.C. § 398

Notices to States regarding imported food

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

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21 U.S.C. § 398, Notices to States regarding imported food, United States, version 1 as recorded 2026-07-09, yourstate.us, https://yourstate.us/provision/454502
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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. Subsection (a) may not be construed as limiting the authority of the Secretary with respect to food under any other provision of this chapter.

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. 107-188(H.R. 3448)2002-06-12
    Public Health Security and Bioterrorism Preparedness and Response Act of 2002
  • 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.