2016 US Code
Title 21 - Food and Drugs
Chapter 27 - Food Safety Modernization
Subchapter III - Improving the Safety of Imported Food
Sec. 2243 - Smuggled food

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Citation 21 U.S.C. § 2243 (2016)
Section Name §2243. Smuggled food
Section Text (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

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

(e) Definition

In this subsection, the term "smuggled food" means any food that a person introduces into the United States through fraudulent means or with the intent to defraud or mislead.

Source Credit

(Pub. L. 111–353, title III, §309, Jan. 4, 2011, 124 Stat. 3966.)

Editorial Notes REFERENCES IN TEXT

The Secretary, referred to in text, probably means the Secretary of Health and Human Services.

Publication Title United States Code, 2012 Edition, Supplement 4, Title 21 - FOOD AND DRUGS
Category Bills and Statutes
Collection United States Code
SuDoc Class Number Y 1.2/5:
Contained Within Title 21 - FOOD AND DRUGS
CHAPTER 27 - FOOD SAFETY MODERNIZATION
SUBCHAPTER III - IMPROVING THE SAFETY OF IMPORTED FOOD
Sec. 2243 - Smuggled food
Contains section 2243
Date 2016
Laws In Effect As Of Date January 6, 2017
Positive Law No
Disposition standard
Statutes at Large Reference 124 Stat. 3966
Public Law References Public Law 111-353
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