---
kind: "section"
citation: "21 U.S.C. § 2104"
title: "21"
title_heading: "Food and Drugs"
number: "2104"
heading: "State and Federal cooperation"
release: "119-102"
url: "https://uscodex.org/usc/21/2104"
units:
  - "Chapter 26 — Food Safety"
---

# §2104. State and Federal cooperation

- (a) **In general—** The Secretary shall work with the [States](/usc/21/321.md?p=a-1) in undertaking activities and [programs](/usc/21/1523.md?p=8) that assist in improving the safety of [food](/usc/21/346a.md?p=a-1), including fresh and processed produce, so that [State](/usc/21/321.md?p=a-1) [food](/usc/21/346a.md?p=a-1) safety [programs](/usc/21/1523.md?p=8) and activities conducted by the Secretary function in a coordinated and cost-effective manner. With the assistance provided under [subsection (b)](#b), the Secretary shall encourage [States](/usc/21/321.md?p=a-1) to—
  - (1) establish, continue, or strengthen [State](/usc/21/321.md?p=a-1) [food](/usc/21/346a.md?p=a-1) safety [programs](/usc/21/1523.md?p=8), especially with respect to the regulation of retail commercial [food](/usc/21/346a.md?p=a-1) establishments; and
  - (2) establish procedures and requirements for ensuring that processed produce under the jurisdiction of [State](/usc/21/321.md?p=a-1) [food](/usc/21/346a.md?p=a-1) safety [programs](/usc/21/1523.md?p=8) is not unsafe for human consumption.
- (b) **Assistance—** The Secretary may provide to a [State](/usc/21/321.md?p=a-1), for planning, developing, and implementing such a [food](/usc/21/346a.md?p=a-1) safety [program](/usc/21/1523.md?p=8)—
  - (1) advisory assistance;
  - (2) technical assistance, training, and laboratory assistance (including necessary materials and equipment); and
  - (3) financial and other assistance.
- (c) **Service agreements—** The Secretary may, under an agreement entered into with a Federal, [State](/usc/21/321.md?p=a-1), or local agency, use, on a reimbursable basis or otherwise, the personnel, services, and [facilities](/usc/21/350g.md?p=o-2) of the agency to carry out the responsibilities of the agency under this section. An agreement entered into with a [State](/usc/21/321.md?p=a-1) agency under this subsection may provide for training of [State](/usc/21/321.md?p=a-1) employees.

## Source credit

(Pub. L. 110–85, title X, § 1004, Sept. 27, 2007, 121 Stat. 964.)