PUBLIC LAW 107-188-JUNE 12, 2002 116 STAT. 673 "(2) the Secretary finds that the food presents a threat of serious adverse health consequences or death to humans or animals; and "(3) upon or after notifying the owner or consignee involved that the label is required under section 801, the Secretary informs the owner or consignee that the food presents such a threat.". (c) RULE OF CONSTRUCTION. — With respect to articles of food 21 USC 381 note, that are imported or offered for import into the United States, nothing in this section shall be construed to limit the authority of the Secretary of Health and Human Services or the Secretary of the Treasury to require the marking of refused articles of food under any other provision of law. SEC. 309. PROHIBITION AGAINST PORT SHOPPING. Section 402 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 342) is amended by adding at the end the following: "(h) If it is an article of food imported or offered for import into the United States and the article of food has previously been refused admission under section 801(a), unless the person reoffering the article affirmatively establishes, at the expense of the owner or consignee of the article, that the article complies with the applicable requirements of this Act, as determined by the Secretary.". SEC. 310. NOTICES TO STATES REGARDING IMPORTED FOOD. Chapter IX of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 391 et seq.) is amended by adding at the end the following section: "SEC. 908. NOTICES TO STATES REGARDING IMPORTED FOOD. 21 USC 398. "(a) IN GENERAL. —I f the Secretary has credible evidence or information indicating that a shipment of imported food or portion thereof presents a threat of serious adverse health consequences or death to humans or animals, the Secretary shall provide notice regarding such threat to the States in which the food is held or will be held, and to the States in which the manufacturer, packer, or distributor of the food is located, to the extent that the Secretary has knowledge of which States are so involved. In providing notice to a State, the Secretary shall request the State to take such action as the State considers appropriate, if any, to protect the public health regarding the food involved. "(b) RULE OF CONSTRUCTION.—Subsection (a) may not be construed as limiting the authority of the Secretary with respect to food under any other provision of this Act.". SEC. 311. GRANTS TO STATES FOR INSPECTIONS. Chapter IX of the Federal Food, Drug, and Cosmetic Act, as amended by section 310 of this Act, is amended by adding at the end the following section: "SEC. 909. GRANTS TO STATES FOR INSPECTIONS. 21 USC 399. "(a) IN GENERAL. —The Secretary is authorized to make grsmts to States, territories, and Indian tribes (as defined in section 4(e) of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450b(e))) that undertake examinations, inspections, and investigations, and related activities under section 702. The funds provided under such grants shall only be available for the costs
�
