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LegalText 21 U.S.C. § 384e Recognition of foreign government inspections us united_states_code code_section 21 FOOD AND DRUGS 9 FEDERAL FOOD, DRUG, AND COSMETIC ACT 384e 21 U.S.C. § 384e current 119-100 2026-06-26 official https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc21@119-100.zip /us/usc/t21/s384e data/legal/raw/us/code/title-21/usc21.xml c9dbbddeff5ce232db18be63f961743d865075204d114af9299c7406e6487f1c 3dbd7a61c8616baefb8459bd8dac3b93242106deb416308c8d4dd5a9143176d1 bf55c29414100e3a2361f962a85e4e913ae9f734f94ccbfe6922738c4314ec6e 2026-07-04 official
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21 U.S.C. § 384e - Recognition of foreign government inspections

Text

(a) Inspection The Secretary—

(1) may enter into arrangements and agreements with a foreign government or an agency of a foreign government to recognize the inspection of foreign establishments registered under section 360(i) of this title in order to facilitate preapproval or risk-based inspections in accordance with the schedule established in paragraph (2) or (3) of section 360(h) of this title;

(2) may enter into arrangements and agreements with a foreign government or an agency of a foreign government under this section only with a foreign government or an agency of a foreign government that the Secretary has determined as having the capability of conducting inspections that meet the applicable requirements of this chapter; and

(3) shall perform such reviews and audits of drug safety programs, systems, and standards of a foreign government or agency for the foreign government as the Secretary deems necessary to determine that the foreign government or agency of the foreign government is capable of conducting inspections that meet the applicable requirements of this chapter.

(b) Results of inspection The results of inspections performed by a foreign government or an agency of a foreign government under this section may be used as—

(1) evidence of compliance with section 351(a)(2)(B) of this title or section 381(r) of this title; and

(2) for any other purposes as determined appropriate by the Secretary.

(c) Periodic review (1) In general Beginning not later than 1 year after December 29, 2022, the Secretary shall periodically assess whether additional arrangements and agreements with a foreign government or an agency of a foreign government, as allowed under this section, are appropriate.

(2) Reports to Congress Beginning not later than 4 years after December 29, 2022, and every 4 years thereafter, the Secretary shall submit to the Committee on Energy and Commerce of the House of Representatives and the Committee on Health, Education, Labor, and Pensions of the Senate a report describing the findings and conclusions of each review conducted under paragraph (1).

(June 25, 1938, ch. 675, § 809, as added Pub. L. 112144, title VII, § 712, July 9, 2012, 126 Stat. 1072; amended Pub. L. 114255, div. A, title III, § 3101(a)(2)(X), Dec. 13, 2016, 130 Stat. 1156; Pub. L. 11552, title VII, § 701(b), Aug. 18, 2017, 131 Stat. 1055; Pub. L. 117328, div. FF, title III, § 3613(c), Dec. 29, 2022, 136 Stat. 5872.)

Notes

Editorial Notes

Amendments2022—Subsec. (a)(1). Pub. L. 117328, § 3613(c)(1), inserted “preapproval or” before “risk-based inspections”. Subsec. (c). Pub. L. 117328, § 3613(c)(2), added subsec. (c). 2017—Subsec. (a)(1). Pub. L. 11552 substituted “paragraph (2) or (3) of section 360(h)” for “section 360(h)(3)”. 2016—Subsec. (a)(2). Pub. L. 114255 substituted “conducting” for “conduction”.