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21 U.S.C. § 2241 — Inspection by the Secretary of Commerce
Federal law — U.S. Code and appendices · legal_authorities
(1) **In general** — The Secretary of Commerce, in coordination with the Secretary of Health and Human Services, may send 1 or more inspectors to a country or facility of an exporter from which seafood imported into the United States originates. The inspectors shall assess practices and processes used in connection with the farming, cultivation, harvesting, preparation for market, or transportation of such seafood and may provide technical assistance related to such activities.
(2) **Inspection report**
(A) *In general* — The Secretary of Health and Human Services, in coordination with the Secretary of Commerce, shall—
(i) prepare an inspection report for each inspection conducted under paragraph (1);
(ii) provide the report to the country or exporter that is the subject of the report; and
(iii) provide a 30-day period during which the country or exporter may provide a rebuttal or other comments on the findings of the report to the Secretary of Health and Human Services.
(B) *Distribution and use of report* — The Secretary of Health and Human Services shall consider the inspection reports described in subparagraph (A) in distributing inspection resources under [section 350j of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title21-section350j&num=0&edition=prelim).
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Source file: Laws/federal/codes/united-states-code/title-21/section-2241-inspection-by-the-secretary-of-commerce--b7be2bc3b4.md
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Source location: Title 21, Chapter 27, § 2241; chapter-027-food-safety-modernization.md
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(1) **In general** — The Secretary of Commerce, in coordination with the Secretary of Health and Human Services, may send 1 or more inspectors to a country or facility of an exporter from which seafood imported into the United States originates. The inspectors shall assess practices and processes used in connection with the farming, cultivation, harvesting, preparation for market, or transportation of such seafood and may provide technical assistance related to such activities.
(2) **Inspection report**
(A) *In general* — The Secretary of Health and Human Services, in coordination with the Secretary of Commerce, shall—
(i) prepare an inspection report for each inspection conducted under paragraph (1);
(ii) provide the report to the country or exporter that is the subject of the report; and
(iii) provide a 30-day period during which the country or exporter may provide a rebuttal or other comments on the findings of the report to the Secretary of Health and Human Services.
(B) *Distribution and use of report* — The Secretary of Health and Human Services shall consider the inspection reports described in subparagraph (A) in distributing inspection resources under [section 350j of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title21-section350j&num=0&edition=prelim).
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Identification and inspection of facilities**
(1) **Identification** — The Secretary shall identify high-risk facilities and shall allocate resources to inspect facilities according to the known safety risks of the facilities, which shall be based on the following factors:
(A) The known safety risks of the food manufactured, processed, packed, or held at the facility.
(B) The compliance history of a facility, including with regard to food recalls, outbreaks of foodborne illness, and violations of food safety standards.
(C) The rigor and effectiveness of the facility’s hazard analysis and risk-based preventive controls.
(D) Whether the food manufactured, processed, packed, or held at the facility meets the criteria for priority under [section 381(h)(1) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title21-section381/h/1&num=0&edition=prelim).
(E) Whether the food or the facility that manufactured, processed, packed, or held such food has received a certification as described in section 381(q) or 384b of this title, as appropriate.
(F) Any other criteria deemed necessary and appropriate by the Secretary for purposes of allocating inspection resources.
(2) **Inspections**
(A) *In general* — Beginning on January 4, 2011, the Secretary shall increase the frequency of inspection of all facilities.
(B) *Domestic high-risk facilities* — The Secretary shall increase the frequency of inspection of domestic facilities identified under paragraph (1) as high-risk facilities such that each such facility is inspected—
(i) not less often than once in the 5-year period following January 4, 2011; and
(ii) not less often than once every 3 years thereafter.
(C) *Domestic non-high-risk facilities* — The Secretary sha
Source: Supplied U.S. Code snapshot — release unconfirmed · 21 U.S.C. § 350j
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Federal law — U.S. Code and appendices · legal_authorities
Page 1019
TITLE 21—FOOD AND DRUGS
§ 2241
(D) Improve the effectiveness of Federal,
State, and local partnerships to coordinate
food safety and defense resources and reduce
the incidence of foodborne illness.
(E) Share information on a timely basis
among public health and food regulatory
agencies, with the food industry, with health
care providers, and with the public.
(F) Strengthen the capacity of State and
local agencies to achieve the goals described
in section 2202 of this title.
(2) Review
In developing of the strategies required by
paragraph (1), the Secretary shall, not later
than 1 year after January 4, 2011, complete a
review of State and local capacities, and needs
for enhancement, which may include a survey
with respect to—
(A) staffing levels and expertise available
to perform food safety and defense functions;
(B) laboratory capacity to support surveil-
lance, outbreak response, inspection, and en-
forcement activities;
(C) information systems to support data
management and sharing of food safety and
defense information among State and local
agencies and with counterparts at the Fed-
eral level; and
(D) other State and local activities and
needs as determined appropriate by the Sec-
retary.
(Pub. L. 111–353, title II, § 205, Jan. 4, 2011, 124
Stat. 3937.)
Editorial Notes
REFERENCES IN TEXT
This Act, referred to in subsec. (a), is Pub. L. 111–353,
Jan. 4, 2011, 124 Stat. 3885, known as the FDA Food
Safety Modernization Act, which enacted this chapter
and sections 350g to 350l–1, 379j–31, 384a to 384d, 399c, and
399d of this title, section 7625 of Title 7, Agriculture,
and section 280g–16 of Title 42, The Public Health and
Welfare, amended sections 331, 333, 334, 350b to 350d,
350f, 374, 381, 393, and 399 of this title and
Source: Supplied 2024 U.S. Code historical extraction · 21 U.S.C. § 2241
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