2023 U.S. Code
Title 21 - Food and Drugs
Chapter 9 - Federal Food, Drug, and Cosmetic Act
Subchapter VIII - Imports and Exports
Sec. 384e - Recognition of foreign government inspections

Download PDF
Citation 21 U.S.C. § 384e (2023)
Section Name §384e. Recognition of foreign government inspections
Section Text (a) Inspection

The Secretary—

(1) may enter into arrangements and agreements with a foreign government or an agency of a foreign government to recognize the inspection of foreign establishments registered under section 360(i) of this title in order to facilitate preapproval or risk-based inspections in accordance with the schedule established in paragraph (2) or (3) of section 360(h) of this title;

(2) may enter into arrangements and agreements with a foreign government or an agency of a foreign government under this section only with a foreign government or an agency of a foreign government that the Secretary has determined as having the capability of conducting inspections that meet the applicable requirements of this chapter; and

(3) shall perform such reviews and audits of drug safety programs, systems, and standards of a foreign government or agency for the foreign government as the Secretary deems necessary to determine that the foreign government or agency of the foreign government is capable of conducting inspections that meet the applicable requirements of this chapter.

(b) Results of inspection

The results of inspections performed by a foreign government or an agency of a foreign government under this section may be used as—

(1) evidence of compliance with section 351(a)(2)(B) of this title or section 381(r) of this title; and

(2) for any other purposes as determined appropriate by the Secretary.

(c) Periodic review (1) In general

Beginning not later than 1 year after December 29, 2022, the Secretary shall periodically assess whether additional arrangements and agreements with a foreign government or an agency of a foreign government, as allowed under this section, are appropriate.

(2) Reports to Congress

Beginning not later than 4 years after December 29, 2022, and every 4 years thereafter, the Secretary shall submit to the Committee on Energy and Commerce of the House of Representatives and the Committee on Health, Education, Labor, and Pensions of the Senate a report describing the findings and conclusions of each review conducted under paragraph (1).

Source Credit

(June 25, 1938, ch. 675, §809, as added Pub. L. 112–144, title VII, §712, July 9, 2012, 126 Stat. 1072; amended Pub. L. 114–255, div. A, title III, §3101(a)(2)(X), Dec. 13, 2016, 130 Stat. 1156; Pub. L. 115–52, title VII, §701(b), Aug. 18, 2017, 131 Stat. 1055; Pub. L. 117–328, div. FF, title III, §3613(c), Dec. 29, 2022, 136 Stat. 5872.)


Editorial Notes EDITORIAL NOTES AMENDMENTS

2022—Subsec. (a)(1). Pub. L. 117–328, §3613(c)(1), inserted "preapproval or" before "risk-based inspections".

Subsec. (c). Pub. L. 117–328, §3613(c)(2), added subsec. (c).

2017—Subsec. (a)(1). Pub. L. 115–52 substituted "paragraph (2) or (3) of section 360(h)" for "section 360(h)(3)".

2016—Subsec. (a)(2). Pub. L. 114–255 substituted "conducting" for "conduction".

Publication Title United States Code, 2018 Edition, Supplement 5, 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 9 - FEDERAL FOOD, DRUG, AND COSMETIC ACT
SUBCHAPTER VIII - IMPORTS AND EXPORTS
Sec. 384e - Recognition of foreign government inspections
Contains section 384e
Date 2023
Laws In Effect As Of Date January 3, 2024
Positive Law No
Disposition standard
Statutes at Large References 126 Stat. 1072
130 Stat. 1156
131 Stat. 1055
136 Stat. 5872
Public Law References Public Law 112-144, Public Law 114-255, Public Law 115-52, Public Law 117-328
Disclaimer: These codes may not be the most recent version. United States may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.