21 USC 350d(a)(4): Food Registration Documents

About This Project

This project uses data compiled by the Sunshine in Government initiative, a coalition of journalism and transparency groups. SGI compiled data from federal agency annual FOIA reports to track how often b(3) exemptions were used. SGI also standardized the exemptions since some agencies used slightly different citations of the same laws. In some cases, agencies listed general laws without specifying a section under which information was withheld. This project does not include information from agencies that use no b(3) exemptions in 2008 or 2009. ProPublica compiled information about FOIA denials.

                        TITLE 21--FOOD AND DRUGS
                           SUBCHAPTER IV--FOOD
Sec. 350d. Registration of food facilities

(a) Registration

                           (1) In general

        The Secretary shall by regulation require that any facility 
    engaged in manufacturing, processing, packing, or holding food for 
    consumption in the United States be registered with the Secretary. 
    To be registered--
            (A) for a domestic facility, the owner, operator, or agent 
        in charge of the facility shall submit a registration to the 
        Secretary; and
            (B) for a foreign facility, the owner, operator, or agent in 
        charge of the facility shall submit a registration to the 
        Secretary and shall include with the registration the name of 
        the United States agent for the facility.

                          (2) Registration

        An entity (referred to in this section as the ``registrant'') 
    shall submit a registration under paragraph (1) to the Secretary 
    containing information necessary to notify the Secretary of the name 
    and address of each facility at which, and all trade names under 
    which, the registrant conducts business and, when determined 
    necessary by the Secretary through guidance, the general food 
    category (as identified under section 170.3 of title 21, Code of 
    Federal Regulations) of any food manufactured, processed, packed, or 
    held at such facility. The registrant shall notify the Secretary in 
    a timely manner of changes to such information.

                            (3) Procedure

        Upon receipt of a completed registration described in paragraph 
    (1), the Secretary shall
    notify the registrant of the receipt of such registration and assign 
    a registration number to each registered facility.

(4) List The Secretary shall compile and maintain an up-to-date list of facilities that are registered under this section. Such list and any registration documents submitted pursuant to this subsection shall not be subject to disclosure under section 552 of title 5. Information derived from such list or registration documents shall not be subject to disclosure under section 552 of title 5 to the extent that it discloses the identity or location of a specific registered person. (b) Facility For purposes of this section: (1) The term ``facility'' includes any factory, warehouse, or establishment (including a factory, warehouse, or establishment of an importer) that manufactures, processes, packs, or holds food. Such term does not include farms; restaurants; other retail food establishments; nonprofit food establishments in which food is prepared for or served directly to the consumer; or fishing vessels (except such vessels engaged in processing as defined in section 123.3(k) of title 21, Code of Federal Regulations). (2) The term ``domestic facility'' means a facility located in any of the States or Territories. (3)(A) The term ``foreign facility'' means a facility that manufacturers, processes, packs, or holds food, but only if food from such facility is exported to the United States without further processing or packaging outside the United States. (B) A food may not be considered to have undergone further processing or packaging for purposes of subparagraph (A) solely on the basis that labeling was added or that any similar activity of a de minimis nature was carried out with respect to the food. (c) Rule of construction Nothing in this section shall be construed to authorize the Secretary to require an application, review, or licensing process. (June 25, 1938, ch. 675, Sec. 415, as added Pub. L. 107-188, title III, Sec. 305(a), June 12, 2002, 116 Stat. 667.) Regulations Pub. L. 107-188, title III, Sec. 305(e), June 12, 2002, 116 Stat. 669, provided that: ``Not later than 18 months after the date of the enactment of this Act [June 12, 2002], the Secretary of Health and Human Services shall promulgate proposed and final regulations for the requirement of registration under section 415 of the Federal Food, Drug, and Cosmetic Act [21 U.S.C. 350d] (as added by subsection (a) of this section). Such requirement of registration takes effect-- ``(1) upon the effective date of such final regulations; or ``(2) upon the expiration of such 18-month period if the final regulations have not been made effective as of the expiration of such period, subject to compliance with the final regulations when the final regulations are made effective.'' Electronic Filing Pub. L. 107-188, title III, Sec. 305(d), June 12, 2002, 116 Stat. 668, provided that: ``For the purpose of reducing paperwork and reporting burdens, the Secretary of Health and Human Services may provide for, and encourage the use of, electronic methods of submitting to the Secretary registrations required pursuant to this section [enacting this section, amending sections 331 and 381 of this title, and enacting provisions set out as a note under this section]. In providing for the electronic submission of such registrations, the Secretary shall ensure adequate authentication protocols are used to enable identification of the registrant and validation of the data as appropriate.''