
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 21USC1401]

 
                        TITLE 21--FOOD AND DRUGS
 
              CHAPTER 19--PESTICIDE MONITORING IMPROVEMENTS
 
Sec. 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) of this section, 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) of this section.
    (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) of this 
section 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

    The Food and Drug Administration shall use the computerized data 
management systems placed into effect under subsection (a)(1) of this 
section 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 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) of this 
section and annually thereafter, the Secretary of Health and Human 
Services shall compile a summary of the information described in 
subsection (b) of this section with respect to the previous year. When 
the Food and Drug Administration is able to make summaries under 
subsection (c) of this section, the Secretary shall include in the 
compilation under the preceding sentence a compilation of the 
information described in subsection (c) of this section. Compilations 
under this subsection shall be made available to Federal and State 
agencies and other interested persons.

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

                       References in Text

    The Federal Insecticide, Fungicide, and Rodenticide Act, referred to 
in subsec. (a)(1)(F), is act June 25, 1947, ch. 125, as amended 
generally by Pub. L. 92-516, Oct. 21, 1972, 86 Stat. 973, which is 
classified generally to subchapter II (Sec. 136 et seq.) of chapter 6 of 
Title 7, Agriculture. For complete classification of this Act to the 
Code, see Short Title note set out under section 136 of Title 7 and 
Tables.
    The Federal Food, Drug, and Cosmetic Act, referred to in subsecs. 
(a) to (c), is act June 25, 1938, ch. 675, 52 Stat. 1040, as amended, 
which is classified generally to chapter 9 (Sec. 301 et seq.) of this 
title. For complete classification of this Act to the Code, see section 
301 of this title and Tables.


                               Short Title

    Section 4701 of Pub. L. 100-418 provided that: ``This subtitle 
[subtitle G (Secs. 4701-4704) of title IV of Pub. L. 100-418, enacting 
this chapter] may be cited as the `Pesticide Monitoring Improvements Act 
of 1988'.''


         Imported Meat, Poultry Products, Eggs, and Egg Products

    Section 4506 of Pub. L. 100-418 provided that:
    ``(a) Report.--Not later than 90 days after the date of the 
enactment of this Act [Aug. 23, 1988], the Secretary of Agriculture 
shall submit a report to Congress--
        ``(1) specifying the planned distribution, in fiscal years 1988 
    and 1989, of the resources of the Department of Agriculture 
    available for sampling imported covered products to ensure 
    compliance with the requirements of the Federal Meat Inspection Act 
    (21 U.S.C. 601 et seq.), the Poultry Products Inspection Act (21 
    U.S.C. 451 et seq.), and the Egg Products Inspection Act (21 U.S.C. 
    1031 et seq.) that govern the level of residues of pesticides, 
    drugs, and other products permitted in or on such products;
        ``(2) describing current methods used by the Secretary to 
    enforce the requirements of such Acts with respect to the level of 
    residues of pesticides, drugs, and other products permitted in or on 
    such products;
        ``(3) responding to the audit report of the Inspector General of 
    the Department of Agriculture, Number 38002--2--hy, dated January 
    14, 1987;
        ``(4) providing a summary with respect to the importation of 
    covered products during fiscal years 1987 and 1988 that specifies--
            ``(A) the number of samples of each such product taken 
        during each such fiscal year in carrying out the requirements 
        described in paragraph (1); and
            ``(B) for each violation of such requirements during each 
        such fiscal year--
                ``(i) the covered products with respect to which such 
            violation occurred;
                ``(ii) the residue in or on such product in violation of 
            such requirements;
                ``(iii) the country exporting such product;
                ``(iv) the actions taken in response to such violation 
            and the reasons for such actions; and
                ``(v) the level of testing conducted by the countries 
            exporting such products;
        ``(5) describing any research conducted by the Secretary to 
    develop improved methods to detect residues subject to such 
    requirements in or on covered products; and
        ``(6) providing any recommendations the Secretary considers 
    appropriate for legislation to add or modify penalties for 
    violations of laws, regulations, and other enforcement requirements 
    governing the level of residues that are permitted in or on imported 
    covered products.
    ``(b) Revision.--Not later than November 15, 1989, the Secretary of 
Agriculture shall revise, as necessary, the report prepared under 
subsection (a) and submit the revision to Congress.
    ``(c) Definition.--As used in this section, the term `covered 
products' means meat, poultry products, eggs, and egg products.''
