§ 2243 — Smuggled Food

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