21 U.S.C. § 398 — Notices to States regarding imported food

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 Stat. 673; renumbered § 1008, Pub. L. 111–31, div. A, title I, § 101(b)(2), June 22, 2009, 123 Stat. 1784.) § 399. Grants to enhance food safety (a) In general The Secretary is authorized to make grants to eligible entities to— (1) undertake examinations, inspections, and investigations, and related food safety activi- ties under section 372 of this title; (2) train to the standards of the Secretary for the examination, inspection, and investiga- tion of food manufacturing, processing, pack- ing, holding, distribution, and importation, in- cluding as such examination, inspection, and investigation relate to retail food establish- ments; (3) build the food safety capacity of the lab- oratories of such eligible entity, including the detection of zoonotic diseases; (4) build the infrastructure and capacity of the food safety programs of such eligible enti- ty 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, including planning and otherwise pre- paring 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); or (v) a nonprofit food safety training enti- ty that collaborates with 1 or more insti- tutions of higher education; and (B) that submits an application to the Sec- retary at such time, in such manner, and in- cluding such information as the Secretary may reasonably require. (2) Contents Each application submitted under paragraph (1) shall include— (A) an assurance that the eligible entity has developed plans to engage in the types of activities described in subsection (a); (B) a description of the types of activities to be funded by the grant; (C) an itemization of how grant funds re- ceived under this section will be expended; (D) a description of how grant activities will be monitored; and (E) an agreement by the eligible entity to report information required by the Sec- retary to conduct evaluations under this sec- tion. (c) Limitations The funds provided under subsection (a) shall be available to an eligible entity that receives a grant under this section only to the extent such entity funds the food safety programs of such entity independently of any grant under this section in each year of the grant at a level equal to the level of such funding in the previous year, increased by the Consumer Price Index. Such non-Federal matching funds may be provided di- rectly or through donations from public or pri- vate entities and may be in cash or in-kind, fair- ly evaluated, including plant, equipment, or services. (d) Additional authority The Secretary may— (1) award a grant under this section in each subsequent fiscal year without reapplication for a period of not more than 3 years, provided the requirements of subsection (c) are met for the previous fiscal year; and (2) award a grant under this section in a fis- cal year for which the requirement of sub- section (c) has not been met only if such re- quirement was not met because such funding was diverted for response to 1 or more natural disasters or in other extenuating cir- cumstances that the Secretary may determine appropriate.