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21 U.S.C. § 1401 — Pesticide monitoring and enforcement information
Federal law — U.S. Code and appendices · legal_authorities
**(a) Data management systems**
(1) Not later than 480 days after August 23, 1988, the Secretary of Health and Human Services shall place in effect computerized data management systems for the Food and Drug Administration under which the Administration will—
(A) record, summarize, and evaluate the results of its program for monitoring food products for pesticide residues,
(B) identify gaps in its pesticide monitoring program in the monitoring of (i) pesticides, (ii) food products, and (iii) food from specific countries and from domestic sources,
(C) detect trends in the presence of pesticide residues in food products and identify public health problems emerging from the occurrence of pesticide residues in food products,
(D) focus its testing resources for monitoring pesticide residues in food on detecting those residues which pose a public health concern,
(E) prepare summaries of the information listed in subsection (b), and
(F) provide information to assist the Environmental Protection Agency in carrying out its responsibilities under the Federal Insecticide, Fungicide, and Rodenticide Act [[7 U.S.C. 136](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section136&num=0&edition=prelim) et seq.] and the Federal Food, Drug, and Cosmetic Act [[21 U.S.C. 301](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title21-section301&num=0&edition=prelim) et seq.].
(2) As soon as practicable, the Secretary of Health and Human Services shall develop a means to enable the computerized data management systems placed into effect under paragraph (1) to make the summary described in subsection (c).
(3)
(A) Paragraph (1) does not limit the authority of the Food and Drug Administration to—
(i) use the computerized data management
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Source location: Title 21, Chapter 19, § 1401; chapter-019-pesticide-monitoring-improvements.md
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**(a) Data management systems**
(1) Not later than 480 days after August 23, 1988, the Secretary of Health and Human Services shall place in effect computerized data management systems for the Food and Drug Administration under which the Administration will—
(A) record, summarize, and evaluate the results of its program for monitoring food products for pesticide residues,
(B) identify gaps in its pesticide monitoring program in the monitoring of (i) pesticides, (ii) food products, and (iii) food from specific countries and from domestic sources,
(C) detect trends in the presence of pesticide residues in food products and identify public health problems emerging from the occurrence of pesticide residues in food products,
(D) focus its testing resources for monitoring pesticide residues in food on detecting those residues which pose a public health concern,
(E) prepare summaries of the information listed in subsection (b), and
(F) provide information to assist the Environmental Protection Agency in carrying out its responsibilities under the Federal Insecticide, Fungicide, and Rodenticide Act [[7 U.S.C. 136](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section136&num=0&edition=prelim) et seq.] and the Federal Food, Drug, and Cosmetic Act [[21 U.S.C. 301](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title21-section301&num=0&edition=prelim) et seq.].
(2) As soon as practicable, the Secretary of Health and Human Services shall develop a means to enable the computerized data management systems placed into effect under paragraph (1) to make the summary described in subsection (c).
(3)
(A) Paragraph (1) does not limit the authority of the Food and Drug Administration to—
(i) use the computerized data management systems placed in effect under paragraph (1), or
(ii) develop additional data management systems,
to facilitate the regulation of any substance or product covered under the requirements of the Federal Food, Drug, and Cosmetic Act [[21 U.S.C. 301](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title21-section301&num=0&edition=prelim) et seq.].
(B) In placing into effect the computerized data management systems under paragraph (1) and in carrying out paragraph (2), the Secretary shall comply with applicable regulations governing computer system design and procurement.
**(b) Information** The Food and Drug Administration shall use the computerized data management systems placed into effect under subsection (a)(1) to prepare a summary of—
(1) information on—
(A) the types of imported and domestically produced food products analyzed for compliance with the requirements of the Federal Food, Drug, and Cosmetic Act [[21 U.S.C. 301](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title21-section301&num=0&edition=prelim) et seq.] regarding the presence of pesticide residues,
(B) the number of samples of each such food product analyzed for such compliance by country of origin,
(C) the pesticide residues which may be detected using the testing methods employed,
(D) the pesticide residues in such food detected and the levels detected,
(E) the compliance status of each sample of such food tested and the violation rate for each country-product combination, and
(F) the action taken with respect to each sample of such food found to be in violation of the Federal Food, Drug, and Cosmetic Act [[21 U.S.C. 301](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title21-section301&num=0&edition=prelim) et seq.] and its ultimate disposition, and
(2) information on—
(A) the country of origin of each imported food product referred to in paragraph (1)(A), and
(B) the United States district of entry for each such imported food product.
**(c) Volume data** The Food and Drug Administration shall use the computerized data management systems placed into effect under subsection (a)(1) to summarize the volume of each type of food product subject to the requirements of the Federal Food, Drug, and Cosmetic Act [[21 U.S.C. 301](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title21-section301&num=0&edition=prelim) et seq.] which is imported into the United States and which has an entry value which exceeds an amount established by the Secretary of Health and Human Services. The summary shall be made by country of origin and district of entry. Information with respect to volumes of food products to be included in the summary shall, to the extent feasible, be obtained from data bases of other Federal agencies.
**(d) Compilation** Not later than 90 days after the expiration of 1 year after the data management systems are placed into effect under subsection (a) and annually thereafter, the Secretary of Health and Human Services shall compile a summary of the information described in subsection (b) with respect to the previous year. When the Food and Drug Administration is able to make summaries under subsection (c), the Secretary shall include in the compilation under the preceding sentence a compilation of the information described in subsection (c). Compilations under this subsection shall be made available to Federal and State agencies and other interested persons.
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Federal law — U.S. Code and appendices · legal_authorities
This chapter may be cited as the Federal Food, Drug, and Cosmetic Act.
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Federal law — U.S. Code and appendices · legal_authorities
Poultry and poultry products are an important source of the Nation’s total supply of food. They are consumed throughout the Nation and the major portion thereof moves in interstate or foreign commerce. It is essential in the public interest that the health and welfare of consumers be protected by assuring that poultry products distributed to them are wholesome, not adulterated, and properly marked, labeled, and packaged. Unwholesome, adulterated, or misbranded poultry products impair the effective regulation of poultry products in interstate or foreign commerce, are injurious to the public welfare, destroy markets for wholesome, not adulterated, and properly labeled and packaged poultry products, and result in sundry losses to poultry producers and processors of poultry and poultry products, as well as injury to consumers. It is hereby found that all articles and poultry which are regulated under this chapter are either in interstate or foreign commerce or substantially affect such commerce, and that regulation by the Secretary of Agriculture and cooperation by the States and other jurisdictions as contemplated by this chapter are appropriate to prevent and eliminate burdens upon such commerce, to effectively regulate such commerce, and to protect the health and welfare of consumers.
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Federal law — U.S. Code and appendices · legal_authorities
As used in this chapter, except as otherwise specified, the following terms shall have the meanings stated below:
**(a)** The term “Secretary” means the Secretary of Agriculture of the United States or his delegate.
**(b)** The term “firm” means any partnership, association, or other unincorporated business organization.
**(c)** The term “meat broker” means any person, firm, or corporation engaged in the business of buying or selling carcasses, parts of carcasses, meat, or meat food products of cattle, sheep, swine, goats, horses, mules, or other equines on commission, or otherwise negotiating purchases or sales of such articles other than for his own account or as an employee of another person, firm, or corporation.
**(d)** The term “renderer” means any person, firm, or corporation engaged in the business of rendering carcasses or parts or products of the carcasses, of cattle, sheep, swine, goats, horses, mules, or other equines, except rendering conducted under inspection or exemption under this subchapter.
**(e)** The term “animal food manufacturer” means any person, firm, or corporation engaged in the business of manufacturing or processing animal food derived wholly or in part from carcasses, or parts or products of the carcasses, of cattle, sheep, swine, goats, horses, mules, or other equines.
**(f)** The term “State” means any State of the United States and the Commonwealth of Puerto Rico.
**(g)** The term “Territory” means Guam, the Virgin Islands of the United States, American Samoa, and any other territory or possession of the United States, excluding the Canal Zone.
**(h)** The term “commerce” means commerce between any State, any Territory, or the District of Columbia, and any place outside thereof; or within any Territory not organized with a legisl
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Federal law — U.S. Code and appendices · legal_authorities
Eggs and egg products are an important source of the Nation’s total supply of food, and are used in food in various forms. They are consumed throughout the Nation and the major portion thereof moves in interstate or foreign commerce. It is essential, in the public interest, that the health and welfare of consumers be protected by the adoption of measures prescribed herein for assuring that eggs and egg products distributed to them and used in products consumed by them are wholesome, otherwise not adulterated, and properly labeled and packaged. Lack of effective regulation for the handling or disposition of unwholesome, otherwise adulterated, or improperly labeled or packaged egg products and certain qualities of eggs is injurious to the public welfare and destroys markets for wholesome, not adulterated, and properly labeled and packaged eggs and egg products and results in sundry losses to producers and processors, as well as injury to consumers. Unwholesome, otherwise adulterated, or improperly labeled or packaged products can be sold at lower prices and compete unfairly with the wholesome, not adulterated, and properly labeled and packaged products, to the detriment of consumers and the public generally. It is hereby found that all egg products and the qualities of eggs which are regulated under this chapter are either in interstate or foreign commerce, or substantially affect such commerce, and that regulation by the Secretary of Agriculture and the Secretary of Health and Human Services, and cooperation by the States and other jurisdictions, as contemplated by this chapter, are appropriate to prevent and eliminate burdens upon such commerce, to effectively regulate such commerce, and to protect the health and welfare of consumers.
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Federal law — U.S. Code and appendices · legal_authorities
For purposes of this subchapter—
**(a) Active ingredient** The term “active ingredient” means—
(1) in the case of a pesticide other than a plant regulator, defoliant, desiccant, or nitrogen stabilizer, an ingredient which will prevent, destroy, repel, or mitigate any pest;
(2) in the case of a plant regulator, an ingredient which, through physiological action, will accelerate or retard the rate of growth or rate of maturation or otherwise alter the behavior of ornamental or crop plants or the product thereof;
(3) in the case of a defoliant, an ingredient which will cause the leaves or foliage to drop from a plant;
(4) in the case of a desiccant, an ingredient which will artificially accelerate the drying of plant tissue; and
(5) in the case of a nitrogen stabilizer, an ingredient which will prevent or hinder the process of nitrification, denitrification, ammonia volatilization, or urease production through action affecting soil bacteria.
**(b) Administrator** The term “Administrator” means the Administrator of the Environmental Protection Agency.
**(c) Adulterated** The term “adulterated” applies to any pesticide if—
(1) its strength or purity falls below the professed standard of quality as expressed on its labeling under which it is sold;
(2) any substance has been substituted wholly or in part for the pesticide; or
(3) any valuable constituent of the pesticide has been wholly or in part abstracted.
**(d) Animal** The term “animal” means all vertebrate and invertebrate species, including but not limited to man and other mammals, birds, fish, and shellfish.
**(e) Certified applicator, etc.**
(1) **Certified applicator** — The term “certified applicator” means any individual who is certified under [section 136i of this title](https://uscode.house.gov/view.
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Federal law — U.S. Code and appendices · legal_authorities
Congress finds that—
(1) United States agricultural exports have declined by more than 36 percent since 1981, from $43,800,000,000 in 1981 to $27,900,000,000 in 1987;
(2) the United States share of the world market for agricultural commodities and products has dropped by 20 percent during the last 6 years;
(3) for the first time in 15 years, the United States incurred monthly agricultural trade deficits in 1986;
(4) the loss of $1,000,000,000 in United States agricultural exports causes the loss of 35,000 agricultural jobs and the loss of 60,000 nonagricultural jobs;
(5) the loss of agricultural exports threatens family farms and the economic well-being of rural communities in the United States;
(6) factors contributing to the loss of United States agricultural exports include changes in world agricultural markets such as—
(A) the addition of new exporting nations;
(B) innovations in agricultural technology;
(C) increased use of export subsidies designed to lower the price of commodities on the world market;
(D) the existence of barriers to agricultural trade;
(E) the slowdown in the growth of world food demand in the 1980’s due to cyclical economic factors, including currency fluctuations and a debt-related slowdown in the economic growth of agricultural markets in certain developing countries; and
(F) the rapid buildup of surplus stocks as a consequence of favorable weather for agricultural production during the 1980’s;
(7) increasing the volume and value of exports is important to the financial well-being of the farm sector in the United States and to increasing farm income in the United States;
(8) in order to increase agricultural exports and improve prices for farmers and ranchers in the United States, it is necessary that all agricultura
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Federal law — U.S. Code and appendices · legal_authorities
Page 935
TITLE 21—FOOD AND DRUGS
§ 1401
the Commission were first appointed unless the Presi-
dent extended the authority of the Commission by Ex-
ecutive order.
Statutory Notes and Related Subsidiaries
SHORT TITLE
Pub. L. 99–570, title VIII, § 8001, Oct. 27, 1986, 100 Stat.
3207–161, provided that title VIII of Pub. L. 99–570,
which enacted this chapter, was to be cited as the
‘‘President’s Media Commission on Alcohol and Drug
Abuse Prevention Act’’.
CHAPTER 19—PESTICIDE MONITORING
IMPROVEMENTS
Sec.
1401.
Pesticide monitoring and enforcement infor-
mation.
1402.
Foreign pesticide information.
1403.
Pesticide analytical methods.
§ 1401. Pesticide monitoring and enforcement in-
formation
(a) Data management systems
(1) Not later than 480 days after August 23,
1988, the Secretary of Health and Human Serv-
ices shall place in effect computerized data man-
agement systems for the Food and Drug Admin-
istration under which the Administration will—
(A) record, summarize, and evaluate the re-
sults of its program for monitoring food prod-
ucts for pesticide residues,
(B) identify gaps in its pesticide monitoring
program in the monitoring of (i) pesticides, (ii)
food products, and (iii) food from specific
countries and from domestic sources,
(C) detect trends in the presence of pesticide
residues in food products and identify public
health problems emerging from the occurrence
of pesticide residues in food products,
(D) focus its testing resources for moni-
toring pesticide residues in food on detecting
those residues which pose a public health con-
cern,
(E) prepare summaries of the information
listed in subsection (b), and
(F) provide information to assist the Envi-
ronmental Protection Agency in carrying out
its responsibilities under the Fede
Source: Supplied 2024 U.S. Code historical extraction · 21 U.S.C. § 1401
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Federal law — U.S. Code and appendices · legal_authorities
Page 30
TITLE 21—FOOD AND DRUGS
§ 301
Sec.
398.
Notices to States regarding imported food.
399.
Grants to enhance food safety.
399a.
Office of the Chief Scientist.
399b.
Office of Women’s Health.
399c.
Improving the training of State, local, terri-
torial, and tribal food safety officials.
399d.
Employee protections.
399e.
Nanotechnology.
399f.
Ensuring
adequate
information
regarding
pharmaceuticals for all populations, par-
ticularly underrepresented subpopulations,
including racial subgroups.
399g.
Food and Drug Administration Intercenter
Institutes.
399h.
National Centers of Excellence in Advanced
and Continuous Pharmaceutical Manufac-
turing.
399i.
Food and Drug Administration Working Cap-
ital Fund.
SUBCHAPTER I—SHORT TITLE
§ 301. Short title
This chapter may be cited as the Federal
Food, Drug, and Cosmetic Act.
(June 25, 1938, ch. 675, § 1, 52 Stat. 1040.)
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE; POSTPONEMENT IN CERTAIN CASES
Act June 23, 1939, ch. 242, §§ 1, 2, 53 Stat. 853, 854, pro-
vided that:
‘‘[SEC. 1] (a) The effective date of the following provi-
sions of the Federal Food, Drug, and Cosmetic Act is
hereby postponed until January 1, 1940: Sections 402(c)
[342(c) of this title]; 403(e)(1) [343(e)(1) of this title];
403(g), (h), (i), (j), and (k) [343(g) to (k) of this title];
501(a), (4) [351(a)(4) of this title]; 502(b), (d), (e), (f), (g),
and (h) [352(b), (d) to (h) of this title]; 601(e) [361(e) of
this title]; and 602(b) [362(b) of this title].
‘‘(b) The Secretary of Agriculture shall promulgate
regulations further postponing to July 1, 1940[,] the ef-
fective date of the provisions of sections 403(e)(1)
[343(e)(1) of this title]; 403(g), (h), (i), (j), and (k) [343(g)
to (k)]; 502(b), (d), (
Source: Supplied 2024 U.S. Code historical extraction · 21 U.S.C. § 301
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Federal law — U.S. Code and appendices · legal_authorities
Page 202
TITLE 7—AGRICULTURE
§§ 135 to 135k
with respect to any violations, liabilities incurred, or
appeals taken prior to such date of repeal or to sales,
shipments, or deliveries of insecticides and fungicides
exempted by the Secretary.
SUBCHAPTER II—ENVIRONMENTAL
PESTICIDE CONTROL
§§ 135 to 135k. Omitted
Editorial Notes
CODIFICATION
Sections 135 to 135k, acts June 25, 1947, ch. 125, §§ 2–13,
61 Stat. 163–172; Aug. 7, 1959, Pub. L. 86–139, § 2, 73 Stat.
286; May 12, 1964, Pub. L. 88–305, §§ 1–6, 78 Stat. 190–193;
Oct. 15, 1970, Pub. L. 91–452, title II, § 204, 84 Stat. 928;
Dec. 30, 1970, Pub. L. 91–601, § 6(b), formerly § 7(b), 84
Stat. 1673, renumbered, Aug. 13, 1981, Pub. L. 97–35, title
XII, § 1205(c), 95 Stat. 716, which related to economic
poison control, were superseded by the amendments
made to act June 25, 1947, by Pub. L. 92–516, Oct. 21,
1972, 86 Stat. 975. See section 4 of Pub. L. 92–516, set out
as a note under section 136 of this title. The provisions
of act June 25, 1947, as amended by Pub. L. 92–516, are
set out in section 136 et seq. of this title.
Section 135 provided definitions for the purposes of
this subchapter.
Section 135a related to prohibited acts.
Section 135b related to registration of economic poi-
sons.
Section 135c related to access, inspection, and use in
criminal prosecutions of books and records.
Section 135d related to rules and regulations, exam-
ination of economic poisons or devices, notification to
violators, certification to United States attorney, duty
of attorney, and publication of judgments.
Section 135e related to exemptions from penalties.
Section 135f provided for penalties.
Section 135g related to seizure, disposal, and award of
costs against claimant.
Section 135h related to refusal of
Source: Supplied 2024 U.S. Code historical extraction · 7 U.S.C. § 136
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