Browse Arkansas Code titles and sections
21 U.S.C. § 398 — Notices to States regarding imported food
Federal law — U.S. Code and appendices · legal_authorities
**(a) In general** 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.
**(b) Rule of construction** Subsection (a) may not be construed as limiting the authority of the Secretary with respect to food under any other provision of this chapter.
Source: Supplied U.S. Code snapshot — release unconfirmed · 21 U.S.C. § 398
Stored review status: release_metadata_unconfirmed. A text match is a research starting point; applicability is not established.
Original supplied file — preserved unchanged
Download original Markdown file
File SHA-256: c26691aa9ffcd0e2fdc7c0fc8b126e56d45a4cdf8fbe51a3b957ea1296ca070a. The original may include catalog metadata, neighboring provisions, or embedded records outside this collection's scope. Search shows only the selected federal record. Historical editions and unverified snapshots are not a statement of current law.
Authority boundary: historical or unconfirmed source not current law verified.
Open the recorded source website ↗
Record provenance
Stable record: federal_law:legal_authorities:record_usc_47eb2699b65dbba6e2039a13
Source file: Laws/federal/codes/united-states-code/title-21/section-398-notices-to-states-regarding-imported-food--9e12ab280c.md
Pages: Not recorded – Not recorded
Passage SHA-256: a9db428a4042c30d22710c3543c411f31961cffc8a59e32192b17957157d19fb
Source location: Title 21, Chapter 9, § 398; chapter-009-federal-food-drug-and-cosmetic-act.md
Stored source content
**(a) In general** 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.
**(b) Rule of construction** Subsection (a) may not be construed as limiting the authority of the Secretary with respect to food under any other provision of this chapter.
Cross-references
Connections may be documented source relationships, shared citations or nearby passages. Each explains its basis; a connection alone does not establish applicability to your situation.
Federal law — U.S. Code and appendices · legal_authorities
**(a) Notification** If the Secretary determines that—
(1) a tobacco product which is introduced or delivered for introduction into interstate commerce for commercial distribution presents an unreasonable risk of substantial harm to the public health; and
(2) notification under this subsection is necessary to eliminate the unreasonable risk of such harm and no more practicable means is available under the provisions of this subchapter (other than this section) to eliminate such risk,
the Secretary may issue such order as may be necessary to assure that adequate notification is provided in an appropriate form, by the persons and means best suited under the circumstances involved, to all persons who should properly receive such notification in order to eliminate such risk. The Secretary may order notification by any appropriate means, including public service announcements. Before issuing an order under this subsection, the Secretary shall consult with the persons who are to give notice under the order.
**(b) No exemption from other liability** Compliance with an order issued under this section shall not relieve any person from liability under Federal or State law. In awarding damages for economic loss in an action brought for the enforcement of any such liability, the value to the plaintiff in such action of any remedy provided under such order shall be taken into account.
**(c) Recall authority**
(1) **In general** — If the Secretary finds that there is a reasonable probability that a tobacco product contains a manufacturing or other defect not ordinarily contained in tobacco products on the market that would cause serious, adverse health consequences or death, the Secretary shall issue an order requiring the appropriate person (including the manufacturers, importe
Source: Supplied U.S. Code snapshot — release unconfirmed · 21 U.S.C. § 387h
Stored review status: release_metadata_unconfirmed. Incoming connection: Explicit cross-reference supplied in source Markdown; currentness and applicability require review.
Federal law — U.S. Code and appendices · legal_authorities
**(a) In general** The Secretary is authorized to make grants to eligible entities to—
(1) undertake examinations, inspections, and investigations, and related food safety activities under [section 372 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title21-section372&num=0&edition=prelim);
(2) train to the standards of the Secretary for the examination, inspection, and investigation of food manufacturing, processing, packing, holding, distribution, and importation, including as such examination, inspection, and investigation relate to retail food establishments;
(3) build the food safety capacity of the laboratories of such eligible entity, including the detection of zoonotic diseases;
(4) build the infrastructure and capacity of the food safety programs of such eligible entity to meet the standards as outlined in the grant application; and
(5) take appropriate action to protect the public health in response to—
(A) a notification under [section 398 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title21-section398&num=0&edition=prelim), including planning and otherwise preparing to take such action; or
(B) a recall of food under this chapter.
**(b) Eligible entities; application**
(1) **In general** — In this section, the term “eligible entity” means an entity—
(A) that is—
(i) a State;
(ii) a locality;
(iii) a territory;
(iv) an Indian tribe (as defined in [section 5304(e) of title 25](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section5304/e&num=0&edition=prelim)); or
(v) a nonprofit food safety training entity that collaborates with 1 or more institutions of higher education; and
(B) that submits an application to the Secretary at such time,
Source: Supplied U.S. Code snapshot — release unconfirmed · 21 U.S.C. § 399
Stored review status: release_metadata_unconfirmed. Incoming connection: Explicit cross-reference supplied in source Markdown; currentness and applicability require review.
Federal law — U.S. Code and appendices · legal_authorities
Page 708
TITLE 21—FOOD AND DRUGS
§ 398
div. A, title I, § 101(b)(2), June 22, 2009, 123 Stat.
1784.)
Editorial Notes
REFERENCES IN TEXT
The Public Health Service Act, referred to in subsec.
(b)(2), is act July 1, 1944, ch. 373, 58 Stat. 682, which is
classified generally to chapter 6A (§ 201 et seq.) of Title
42, The Public Health and Welfare. For complete classi-
fication of this Act to the Code, see Short Title note
set out under section 201 of Title 42 and Tables.
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE
Section effective 90 days after Nov. 21, 1997, except as
otherwise provided, see section 501 of Pub. L. 105–115,
set out as an Effective Date of 1997 Amendment note
under section 321 of this title.
§ 398. Notices to States regarding imported food
(a) In general
If the Secretary has credible evidence or infor-
mation indicating that a shipment of imported
food or portion thereof presents a threat of seri-
ous adverse health consequences or death to hu-
mans or animals, the Secretary shall provide no-
tice 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 appro-
priate, if any, to protect the public health re-
garding the food involved.
(b) Rule of construction
Subsection (a) may not be construed as lim-
iting the authority of the Secretary with respect
to food under any other provision of this chap-
ter.
(June 25, 1938, ch. 675, § 1008, formerly § 908, as
added Pub. L. 107–188, title III, § 310, June 12,
2002, 116 St
Source: Supplied 2024 U.S. Code historical extraction · 21 U.S.C. § 398
Stored review status: historical_2024_not_currentness_verified. Same stored citation; legal effect and authority still require review.