---
kind: "section"
citation: "21 U.S.C. § 2243"
title: "21"
title_heading: "Food and Drugs"
number: "2243"
heading: "Smuggled food"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/21/2243"
units:
  - "Chapter 27 — Food Safety Modernization"
  - "Subchapter III — Improving the Safety of Imported Food"
---

# §2243. Smuggled food

- (a) **In general—** Not later than 180 days after January 4, 2011, 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—** 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 [section 350f(n) of this title](/usc/21/350f.md?p=n) 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—
  - (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,

  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.

- (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.)

## Notes

### Editorial Notes

### References in Text

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