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United States • Title 21 USC • Part 26

Part 26FOOD SAFETY

This chapter outlines various aspects of food safety regulation in the United States, including findings on the importance of food supply integrity, specific requirements for pet food safety, communication protocols during recalls, state and federal cooperation, enhanced seafood inspection, consultation on genetically engineered seafood, and reporting obligations to Congress.

What this part covers

  • Congress finds the safety and integrity of the U.S. food supply vital to public health, confidence, and the economy.
  • The Secretary of Health and Human Services must establish processing and labeling standards for pet food within two years of September 27, 2007.
  • An early warning and surveillance system for pet food adulteration and outbreaks must be established within one year of September 27, 2007.
  • The Secretary shall ensure efficient and effective communication during human or pet food recalls, including posting information on the FDA website.
  • The Secretary shall work with states to improve food safety programs, offering advisory, technical, and financial assistance.
  • The Secretary is authorized to enhance inspection regimes for aquaculture and seafood.
  • The Commissioner of Food and Drugs shall consult with the National Marine Fisheries Service on environmental risks of genetically engineered seafood.
  • The Secretary shall annually submit a report to Congress detailing imported food products, inspections, violations, and enforcement actions.
  • The Commissioner of Food and Drugs shall annually submit and publish a report on the Administration's pesticide residue monitoring program.

Sections in Part 26

§ 2101

Findings

U.S.C. Title 21 - FOOD AND DRUGS 21 U.S.C. United States Code, 2023 Edition Title 21 - FOOD AND DRUGS CHAPTER 26 - FOOD SAFETY Sec. 2101 - Findings From the U.S. Government Publishing Office, www.gpo.gov §2101. Findings Congress finds that— (1) the safety and integrity of the United States food supply are vital to public health, to public confidence in the food supply, and to the success of the food sector of the Nation's economy; (2) illnesses and deaths of individuals and companion animals caused by contaminated food— (A) have contributed to a loss of public confidence in food safety; and (B) have caused significant economic losses to manufacturers and producers not responsible for contaminated food items; (3) the task of preserving the safety of the food supply of the United States faces tremendous pressures with regard to— (A) emerging pathogens and other contaminants and the ability to detect all forms of contamination; (B) an increasing volume of imported food from a wide variety of countries; and (C) a shortage of adequate resources for monitoring and inspection; (4) according to the Economic Research Service of the Department of Agriculture, the…

§ 2102

Ensuring the safety of pet food

U.S.C. Title 21 - FOOD AND DRUGS 21 U.S.C. United States Code, 2023 Edition Title 21 - FOOD AND DRUGS CHAPTER 26 - FOOD SAFETY Sec. 2102 - Ensuring the safety of pet food From the U.S. Government Publishing Office, www.gpo.gov §2102. Ensuring the safety of pet food (a) Processing and ingredient standards Not later than 2 years after September 27, 2007, the Secretary of Health and Human Services (referred to in this chapter as the "Secretary"), in consultation with the Association of American Feed Control Officials and other relevant stakeholder groups, including veterinary medical associations, animal health organizations, and pet food manufacturers, shall by regulation establish— (1) processing standards for pet food; and (2) updated standards for the labeling of pet food that include nutritional and ingredient information. (b) Early warning surveillance systems and notification during pet food recalls Not later than 1 year after September 27, 2007, the Secretary shall establish an early warning and surveillance system to identify adulteration of the pet food supply and outbreaks of illness associated with pet food. In establishing such system, the Secretary…

§ 2103

Ensuring efficient and effective communications during a recall

U.S.C. Title 21 - FOOD AND DRUGS 21 U.S.C. United States Code, 2023 Edition Title 21 - FOOD AND DRUGS CHAPTER 26 - FOOD SAFETY Sec. 2103 - Ensuring efficient and effective communications during a recall From the U.S. Government Publishing Office, www.gpo.gov §2103. Ensuring efficient and effective communications during a recall The Secretary shall, during an ongoing recall of human or pet food regulated by the Secretary— (1) work with companies, relevant professional associations, and other organizations to collect and aggregate information pertaining to the recall; (2) use existing networks of communication, including electronic forms of information dissemination, to enhance the quality and speed of communication with the public; and (3) post information regarding recalled human and pet foods on the Internet Web site of the Food and Drug Administration in a single location, which shall include a searchable database of recalled human foods and a searchable database of recalled pet foods, that is easily accessed and understood by the public. (Pub. L. 110–85, title X, §1003, Sept. 27, 2007, 121 Stat. 963.)

§ 2104

State and Federal cooperation

U.S.C. Title 21 - FOOD AND DRUGS 21 U.S.C. United States Code, 2023 Edition Title 21 - FOOD AND DRUGS CHAPTER 26 - FOOD SAFETY Sec. 2104 - State and Federal cooperation From the U.S. Government Publishing Office, www.gpo.gov §2104. State and Federal cooperation (a) In general The Secretary shall work with the States in undertaking activities and programs that assist in improving the safety of food, including fresh and processed produce, so that State food safety programs and activities conducted by the Secretary function in a coordinated and cost-effective manner. With the assistance provided under subsection (b), the Secretary shall encourage States to— (1) establish, continue, or strengthen State food safety programs, especially with respect to the regulation of retail commercial food establishments; and (2) establish procedures and requirements for ensuring that processed produce under the jurisdiction of State food safety programs is not unsafe for human consumption. (b) Assistance The Secretary may provide to a State, for planning, developing, and implementing such a food safety program— (1) advisory assistance; (2) technical assistance, training, and…

§ 2105

Enhanced aquaculture and seafood inspection

U.S.C. Title 21 - FOOD AND DRUGS 21 U.S.C. United States Code, 2023 Edition Title 21 - FOOD AND DRUGS CHAPTER 26 - FOOD SAFETY Sec. 2105 - Enhanced aquaculture and seafood inspection From the U.S. Government Publishing Office, www.gpo.gov §2105. Enhanced aquaculture and seafood inspection (a) Findings Congress finds the following: (1) In 2007, there has been an overwhelming increase in the volume of aquaculture and seafood that has been found to contain substances that are not approved for use in food in the United States. (2) As of May 2007, inspection programs are not able to satisfactorily accomplish the goals of ensuring the food safety of the United States. (3) To protect the health and safety of consumers in the United States, the ability of the Secretary to perform inspection functions must be enhanced. (b) Heightened inspections The Secretary is authorized to enhance, as necessary, the inspection regime of the Food and Drug Administration for aquaculture and seafood, consistent with obligations of the United States under international agreements and United States law. (c) Report to Congress Not later than 180 days after September 27, 2007, the Secretary shall submit…

§ 2106

Consultation regarding genetically engineered seafood products

U.S.C. Title 21 - FOOD AND DRUGS 21 U.S.C. United States Code, 2023 Edition Title 21 - FOOD AND DRUGS CHAPTER 26 - FOOD SAFETY Sec. 2106 - Consultation regarding genetically engineered seafood products From the U.S. Government Publishing Office, www.gpo.gov §2106. Consultation regarding genetically engineered seafood products The Commissioner of Food and Drugs shall consult with the Assistant Administrator of the National Marine Fisheries Service of the National Oceanic and Atmospheric Administration to produce a report on any environmental risks associated with genetically engineered seafood products, including the impact on wild fish stocks. (Pub. L. 110–85, title X, §1007, Sept. 27, 2007, 121 Stat. 969.)

§ 2107

Sense of Congress

U.S.C. Title 21 - FOOD AND DRUGS 21 U.S.C. United States Code, 2023 Edition Title 21 - FOOD AND DRUGS CHAPTER 26 - FOOD SAFETY Sec. 2107 - Sense of Congress From the U.S. Government Publishing Office, www.gpo.gov §2107. Sense of Congress It is the sense of Congress that— (1) it is vital for Congress to provide the Food and Drug Administration with additional resources, authorities, and direction with respect to ensuring the safety of the food supply of the United States; (2) additional inspectors are required to improve the Food and Drug Administration's ability to safeguard the food supply of the United States; (3) because of the increasing volume of international trade in food products the Secretary should make it a priority to enter into agreements with the trading partners of the United States with respect to food safety; and (4) Congress should work to develop a comprehensive response to the issue of food safety. (Pub. L. 110–85, title X, §1008, Sept. 27, 2007, 121 Stat. 970.)

§ 2108

Annual report to Congress

U.S.C. Title 21 - FOOD AND DRUGS 21 U.S.C. United States Code, 2023 Edition Title 21 - FOOD AND DRUGS CHAPTER 26 - FOOD SAFETY Sec. 2108 - Annual report to Congress From the U.S. Government Publishing Office, www.gpo.gov §2108. Annual report to Congress The Secretary shall, on an annual basis, submit to the Committee on Health, Education, Labor, and Pensions and the Committee on Appropriations of the Senate and the Committee on Energy and Commerce and the Committee on Appropriations of the House of Representatives a report that includes, with respect to the preceding 1-year period— (1) the number and amount of food products regulated by the Food and Drug Administration imported into the United States, aggregated by country and type of food; (2) a listing of the number of Food and Drug Administration inspectors of imported food products referenced in paragraph (1) and the number of Food and Drug Administration inspections performed on such products; and (3) aggregated data on the findings of such inspections, including data related to violations of the Federal Food, Drug, and Cosmetic Act [21 U.S.C. 301 et seq.], and enforcement actions used to follow-up on such findings…

§ 2109

Publication of annual reports

U.S.C. Title 21 - FOOD AND DRUGS 21 U.S.C. United States Code, 2023 Edition Title 21 - FOOD AND DRUGS CHAPTER 26 - FOOD SAFETY Sec. 2109 - Publication of annual reports From the U.S. Government Publishing Office, www.gpo.gov §2109. Publication of annual reports (a) In general The Commissioner of Food and Drugs shall annually submit to Congress and publish on the Internet Web site of the Food and Drug Administration, a report concerning the results of the Administration's pesticide residue monitoring program, that includes— (1) information and analysis similar to that contained in the report entitled "Food and Drug Administration Pesticide Program Residue Monitoring 2003" as released in June of 2005; (2) based on an analysis of previous samples, an identification of products or countries (for imports) that require special attention and additional study based on a comparison with equivalent products manufactured, distributed, or sold in the United States (including details on the plans for such additional studies), including in the initial report (and subsequent reports as determined necessary) the results and analysis of the Ginseng Dietary Supplements Special Survey as…

§ 2110

Rule of construction

U.S.C. Title 21 - FOOD AND DRUGS 21 U.S.C. United States Code, 2023 Edition Title 21 - FOOD AND DRUGS CHAPTER 26 - FOOD SAFETY Sec. 2110 - Rule of construction From the U.S. Government Publishing Office, www.gpo.gov §2110. Rule of construction Nothing in this chapter (or an amendment made by this chapter) shall be construed to affect— (1) the regulation of dietary supplements under the Dietary Supplement Health and Education Act of 1994 (Public Law 103–417); or (2) the adverse event reporting system for dietary supplements created under the Dietary Supplement and Nonprescription Drug Consumer Protection Act (Public Law 109–462). (Pub. L. 110–85, title X, §1011, Sept. 27, 2007, 121 Stat. 971.) Editorial Notes References in Text This chapter, referred to in text, was in the original "this title", meaning title X of Pub. L. 110–85, Sept. 27, 2007, 121 Stat. 962, which enacted this chapter and section 350f of this title, amended sections 321 and 331 of this title, and enacted provisions set out as notes under this section and section 350f of this title. For complete classification of title X to the Code, see Tables. The Dietary Supplement Health…

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