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21 USC § 2243 - Smuggled food

---
identifier: "/us/usc/t21/s2243"
source: "usc"
legal_status: "official_prima_facie"
title: "21 USC § 2243 - Smuggled food"
title_number: 21
title_name: "FOOD AND DRUGS"
section_number: "2243"
section_name: "Smuggled food"
chapter_number: 27
chapter_name: "FOOD SAFETY MODERNIZATION"
subchapter_number: "III"
subchapter_name: "IMPROVING THE SAFETY OF IMPORTED FOOD"
positive_law: false
currency: "119-84"
last_updated: "2026-04-17"
format_version: "1.1.0"
generator: "[email protected]"
source_credit: "(Pub. L. 111–353, title III, § 309, Jan. 4, 2011, 124 Stat. 3966.)"
---

# § 2243. Smuggled food

**(a)** **In general** January 4, 2011

Not later than 180 days after , the Secretary shall, in coordination with the Secretary of Homeland Security, develop and implement a strategy to better identify smuggled food and prevent entry of such food into the United States.

**(b)** **Notification to Homeland Security** section 350f(n) of this title

Not later than 10 days after the Secretary identifies a smuggled food that the Secretary believes would cause serious adverse health consequences or death to humans or animals, the Secretary shall provide to the Secretary of Homeland Security a notification under  describing the smuggled food and, if available, the names of the individuals or entities that attempted to import such food into the United States.

**(c)** **Public notification** If the Secretary—

the Secretary shall promptly issue a press release describing that food and shall use other emergency communication or recall networks, as appropriate, to warn consumers and vendors about the potential threat.

**(1)** identifies a smuggled food;

**(2)** reasonably believes exposure to the food would cause serious adverse health consequences or death to humans or animals; and

**(3)** reasonably believes that the food has entered domestic commerce and is likely to be consumed,

**(d)** **Effect of section** Nothing in this section shall affect the authority of the Secretary to issue public notifications under other circumstances.

**(e)** **Definition** In this subsection, the term “smuggled food” means any food that a person introduces into the United States through fraudulent means or with the intent to defraud or mislead.

---

**Source Credit**: (Pub. L. 111–353, title III, § 309, Jan. 4, 2011, 124 Stat. 3966.)

## Editorial Notes

### References in Text

The Secretary, referred to in text, probably means the Secretary of Health and Human Services.