21 USC 1401 - Pesticide monitoring and enforcement information

U.S Code last checked for updates: Nov 22, 2024

§ 1401.

Pesticide monitoring and enforcement information

(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 et seq.] and the Federal Food, Drug, and Cosmetic Act [21 U.S.C. 301 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 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 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 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

(d)

Compilation

(Pub. L. 100–418, title IV, § 4702, Aug. 23, 1988, 102 Stat. 1412.)

cite as: 21 USC 1401