Collapse to view only § 1403. Pesticide analytical methods
- § 1401. Pesticide monitoring and enforcement information
- § 1402. Foreign pesticide information
- § 1403. Pesticide analytical methods
§ 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) InformationThe 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.)
§ 1402. Foreign pesticide information
(a) Cooperative agreements
(b) Information activities
(1) The cooperative agreements entered into under subsection (a) 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), 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) 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); 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
(Pub. L. 100–418, title IV, § 4703, Aug. 23, 1988, 102 Stat. 1413.)
§ 1403. Pesticide analytical methodsThe Secretary of Health and Human Services shall, in consultation with the Administrator of the Environmental Protection Agency—
(1) develop a detailed long-range plan and timetable for research that is necessary for the development of and validation of—
(A) new and improved analytical methods capable of detecting at one time the presence of multiple pesticide residues in food, and
(B) rapid pesticide analytical methods, and
(2) conduct a review to determine whether the use of rapid pesticide analytical methods by the Secretary would enable the Secretary to improve the cost-effectiveness of monitoring and enforcement activities under the Federal Food, Drug, and Cosmetic Act [21 U.S.C. 301 et seq.], including increasing the number of pesticide residues which can be detected and the number of tests for pesticide residues which can be conducted in a cost-effective manner.
The Secretary shall report the plan developed under paragraph (1), the resources necessary to carry out the research described in such paragraph, recommendations for the implementation of such research, and the result of the review conducted under paragraph (2) not later than the expiration of 240 days after August 23, 1988, to the Committee on Agriculture, Nutrition, and Forestry and the Committee on Labor and Human Resources of the Senate and the House of Representatives.
(Pub. L. 100–418, title IV, § 4704, Aug. 23, 1988, 102 Stat. 1414.)