
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: 21USC1402]

 
                        TITLE 21--FOOD AND DRUGS
 
              CHAPTER 19--PESTICIDE MONITORING IMPROVEMENTS
 
Sec. 1402. Foreign pesticide information


(a) Cooperative agreements

    The Secretary of Health and Human Services shall enter into 
cooperative agreements with the governments of the countries which are 
the major sources of food imports into the United States subject to 
pesticide residue monitoring by the Food and Drug Administration for the 
purpose of improving the ability of the Food and Drug Administration to 
assure compliance with the pesticide tolerance requirements of the 
Federal Food, Drug, and Cosmetic Act [21 U.S.C. 301 et seq.] with regard 
to imported food.

(b) Information activities

    (1) The cooperative agreements entered into under subsection (a) of 
this section with governments of foreign countries shall specify the 
action to be taken by the parties to the agreements to accomplish the 
purpose described in subsection (a) of this section, including the means 
by which the governments of the foreign countries will provide to the 
Secretary of Health and Human Services current information identifying 
each of the pesticides used in the production, transportation, and 
storage of food products imported from production regions of such 
countries into the United States.
    (2) In the case of a foreign country with which the Secretary is 
unable to enter into an agreement under subsection (a) of this section 
or for which the information provided under paragraph (1) is 
insufficient to assure an effective pesticide monitoring program, the 
Secretary shall, to the extent practicable, obtain the information 
described in paragraph (1) with respect to such country from other 
Federal or international agencies or private sources.
    (3) The Secretary of Health and Human Services shall assure that 
appropriate offices of the Food and Drug Administration which are 
engaged in the monitoring of imported food for pesticide residues 
receive the information obtained under paragraph (1) or (2).
    (4) The Secretary of Health and Human Services shall make available 
any information obtained under paragraph (1) or (2) to State agencies 
engaged in the monitoring of imported food for pesticide residues other 
than information obtained from private sources the disclosure of which 
to such agencies is restricted.

(c) Coordination with other agencies

    The Secretary of Health and Human Services shall--
        (1) notify in writing the Department of Agriculture, the 
    Environmental Protection Agency, and the Department of State at the 
    initiation of negotiations with a foreign country to develop a 
    cooperative agreement under subsection (a) of this section; and
        (2) coordinate the activities of the Department of Health and 
    Human Services with the activities of those departments and 
    agencies, as appropriate, during the course of such negotiations.

(d) Report

    Not later than one year after August 23, 1988, the Secretary of 
Health and Human Services shall report to the Committee on Agriculture, 
Nutrition, and Forestry and the Committee on Labor and Human Resources 
of the Senate and the House of Representatives on the activities 
undertaken by the Secretary to implement this section. The report shall 
be made available to appropriate Federal and State agencies and to 
interested persons.

(Pub. L. 100-418, title IV, Sec. 4703, Aug. 23, 1988, 102 Stat. 1413.)

                       References in Text

    The Federal Food, Drug, and Cosmetic Act, referred to in subsec. 
(a), 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.
