---
kind: "section"
citation: "21 U.S.C. § 379f"
title: "21"
title_heading: "Food and Drugs"
number: "379f"
heading: "Recovery and retention of fees for freedom of information requests"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/21/379f"
units:
  - "Chapter 9 — Federal Food, Drug, and Cosmetic Act"
  - "Subchapter VII — General Authority"
  - "Part C — Fees"
  - "Subpart 1 — freedom of information fees"
---

# §379f. Recovery and retention of fees for freedom of information requests

- (a) **In general—** The [Secretary](/usc/21/321.md?p=d), acting through the [Commissioner](/usc/21/321.md?p=ee) of [Food](/usc/21/321.md?p=f) and [Drugs](/usc/21/321.md?p=g-1), may—
  - (1) set and charge fees, in accordance with [section 552(a)(4)(A) of title 5](/usc/5/552.md?p=a-4-A), to recover all reasonable costs incurred in processing requests made under [section 552 of title 5](/usc/5/552.md) for records obtained or created under this chapter or any other Federal law for which responsibility for administration has been delegated to the [Commissioner](/usc/21/321.md?p=ee) by the [Secretary](/usc/21/321.md?p=d);
  - (2) retain all fees charged for such requests; and
  - (3) establish an accounting system and procedures to control receipts and expenditures of fees received under this section.
- (b) **Use of fees—** The [Secretary](/usc/21/321.md?p=d) and the [Commissioner](/usc/21/321.md?p=ee) of [Food](/usc/21/321.md?p=f) and [Drugs](/usc/21/321.md?p=g-1) shall not use fees received under this section for any purpose other than funding the processing of requests described in [subsection (a)(1)](#a-1). Such fees shall not be used to reduce the amount of funds made to carry out other provisions of this chapter.
- (c) **Waiver of fees—** Nothing in this section shall supersede the right of a requester to obtain a waiver of fees pursuant to [section 552(a)(4)(A) of title 5](/usc/5/552.md?p=a-4-A).

## Source credit

(June 25, 1938, ch. 675, § 731, formerly § 711, as added Pub. L. 101–635, title II, § 201, Nov. 28, 1990, 104 Stat. 4584; renumbered § 731, Pub. L. 102–571, title I, § 106(6), Oct. 29, 1992, 106 Stat. 4499.)

## Notes

### Editorial Notes

### Codification

Section was formerly classified to section 379c of this title prior to renumbering by Pub. L. 102–571.