---
kind: "section"
citation: "21 U.S.C. § 398"
title: "21"
title_heading: "Food and Drugs"
number: "398"
heading: "Notices to States regarding imported food"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/21/398"
units:
  - "Chapter 9 — Federal Food, Drug, and Cosmetic Act"
  - "Subchapter X — Miscellaneous"
---

# §398. Notices to States regarding imported food

- (a) **In general—** If the [Secretary](/usc/21/321.md?p=d) has credible evidence or information indicating that a shipment of imported [food](/usc/21/321.md?p=f) or portion thereof presents a threat of serious adverse health consequences or death to humans or animals, the [Secretary](/usc/21/321.md?p=d) shall provide notice regarding such threat to the [States](/usc/21/321.md?p=a-1) in which the [food](/usc/21/321.md?p=f) is held or will be held, and to the [States](/usc/21/321.md?p=a-1) in which the [manufacturer](/usc/21/360hh.md?p=3), packer, or distributor of the [food](/usc/21/321.md?p=f) is located, to the extent that the [Secretary](/usc/21/321.md?p=d) has knowledge of which [States](/usc/21/321.md?p=a-1) are so involved. In providing notice to a [State](/usc/21/321.md?p=a-1), the [Secretary](/usc/21/321.md?p=d) shall request the [State](/usc/21/321.md?p=a-1) to take such action as the [State](/usc/21/321.md?p=a-1) considers appropriate, if any, to protect the public health regarding the [food](/usc/21/321.md?p=f) involved.
- (b) **Rule of construction—** [Subsection (a)](#a) may not be construed as limiting the authority of the [Secretary](/usc/21/321.md?p=d) with respect to [food](/usc/21/321.md?p=f) under any other provision of this chapter.

## Source credit

(June 25, 1938, ch. 675, § 1008, formerly § 908, as added Pub. L. 107–188, title III, § 310, June 12, 2002, 116 Stat. 673; renumbered § 1008, Pub. L. 111–31, div. A, title I, § 101(b)(2), June 22, 2009, 123 Stat. 1784.)