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ContentsSUBCHAPTER 330 - STATE OPERATIONAL AUTHORITY331 - STATE OPERATIONAL AUTHORITY 331.01 - FDA Personnel with State Authority 331.02 - Joint Inspections 331.03 - FDA Commissioned State Personnel 332 - STATE MEMORANDA OF UNDERSTANDING 332.01 - Alabama (AL) 332.02 - Arizona (AZ) 332.03 - Arkansas (AR) 332.04 - California (CA) 332.05 - Colorado (CO) 332.06 - Connecticut (CT) 332.07 - Delaware (DE) 332.08 - District of Columbia (DC) 332.09 - Florida (FL) 332.10 - Georgia (GA) 332.11 - Illinois (IL) 332.12 - Iowa (IA) 332.13 - Indiana (IN) 332.14 - Kansas (KS) 332.15 - Kentucky (KY) 332.16 - Louisiana (LA) 332.17 - Maine (ME) 332.18 - Maryland (MD) 332.19 - Michigan (MI) 332.20 - Minnesota (MN) 332.21 - Missouri (MO) 332.22 - Nebraska (NE) 332.23 - New Jersey (NJ) 332.24 - New Mexico (NM) 332.25 - New York (NY) 332.26 - North Carolina (NC) 332.27 - North Dakota (ND) 332.28 - Ohio (OH) 332.29 - Oklahoma (OK) 332.30 - Oregon (OR) 332.31 - Pennsylvania (PA) 332.32 - Puerto Rico (PR) 332.33 - Rhode Island (RI) 332.34 - South Carolina (SC) 332.35 - South Dakota (SD) 332.36 - Tennessee (TN) 332.37 - Texas (TX) 332.38 - Utah (UT) 332.39 - Virginia (VA) 332.40 - Washington (WA) 332.41 - West Virginia (WV) 332.42 - Wisconsin (WI) 332.43 - Wyoming (WY) 332.44 - National Association of State SUBCHAPTER 330 - STATE OPERATIONAL AUTHORITY331 - STATE OPERATIONAL AUTHORITYEstablishment Inspections - All state and local officials have some type of jurisdiction over the food and drug establishments located within their state or local boundaries, regardless of the interstate movement or origin of the products involved. Some states divide the responsibility for food, drugs, etc., among the various agencies within the state. See IOM 333. Samples - All state laws provide authority to collect samples of food, drug, and other products within the state. Embargoes - FDA personnel, except in certain situations involving meat, poultry products, egg products and devices do not have embargo or detention powers (See IOM 311.02, 708, and 750). State laws empower their inspectors to place an immediate embargo on products that are, or are suspected of being, adulterated or misbranded or otherwise in violation of their laws. As a cooperative measure most state agencies will have their inspectors place an embargo at the request of an FDA representative. Do not routinely request such embargo. District assignments may include instructions relative to cooperative embargoes. In all instances, exercise care in requesting embargoes. The cooperating officials must be notified promptly of the final FDA action on the lot so that records may be updated, required releases issued, and inordinately long holding time prevented. Embargoes should be considered not as a mere convenience to the Food and Drug Administration but as an important and effective cooperation measure to be applied only when circumstances indicate such action. Disaster Operations - Following major disasters, FDA regional directors and district directors will arrange for close cooperation with local and state food and drug officials, Health Departments, the Public Health Service and other agencies engaged in comparable work. When requested to do so, FDA district personnel will assist local and state officials during such emergencies. At such times FDA personnel may be temporarily commissioned by local or state authorities and provided the authority to place embargoes (See IOM 945.01). 331.01 - FDA Personnel with State AuthorityCertain states have designated selected FDA employees as special representatives or agents of the particular state agency. In these cases, they have furnished the FDA individuals with official state credentials. The FDA representatives given this authority will receive instructions and training, by their district, in the proper exercise of the powers conferred on them and must operate within the guidelines established by their district to monitor this authority. This is particularly important whenever state embargo powers may be used. 331.02 - Joint InspectionsJoint inspections with state or local inspectors are arranged by the district supervisory personnel. Joint inspections are conducted in the same manner as inspections by FDA alone and findings are discussed with the accompanying inspector. The cooperating inspector may wish to take action against the merchandise or the firm under pertinent local or state laws. 331.03 - FDA Commissioned State PersonnelQualified state regulatory officials may be commissioned to conduct examinations, inspections, investigations, collect samples and to copy and verify records under the Federal Food, Drug, and Cosmetic Act. For additional information, please see Chapter 3 of the Regulatory Procedures Manual (RPM). 332 - STATE MEMORANDA OF UNDERSTANDINGThe FDA has entered into agreements with various state and local agencies covering a variety of issues and work sharing agreements. At the present time not all the states have entered into agreements with FDA. The following is a alphabetical listing of current MOU's for states, the District of Columbia, and the Commonwealth of Puerto Rico. Complete text of the MOU's is in Federal Cooperative Agreements Manual. 332.01 - Alabama (AL)MOU with AL Department of Public Health Regarding Inspections, Investigations, and Analytical Findings Related to Food Firms. (6/23/92) 332.02 - Arizona (AZ)MOU with AZ Department of Health Services Concerning Food, Device and Drug Firms. (9/28/94) 332.03 - Arkansas (AR)MOU with:
332.04 - California (CA)MOU with:
332.05 - Colorado (CO)MOU with CO Department of Health and CO Department of Law Regarding Inspections of Food, Drug, Cosmetic, and Medical Device Firms. (4/22/92) 332.06 - Connecticut (CT)MOU with CT Department of Consumer Protection Regarding the Coordination of Joint Efforts in Monitoring Pesticide and Industrial Chemical Residues In Foods. (5/16/90) 332.07 - Delaware (DE)MOU with:
332.08 - District of Columbia (DC)MOU with DC, Department of Consumer and Regulatory Affairs Concerning Public Health Emergencies, Coordination of Consumer Complaint Investigations, Joint Training Efforts, Analytical Assistance, and Mutual Exchange of Inspectional Information. (3/26/96) 332.09 - Florida (FL)MOU with:
332.10 - Georgia (GA)MOU with GA Department of Agriculture and USDA/FSIS Regarding Regulatory Investigations Involving Drug, Pesticide, and Toxic Chemical Residues in Animal Feeds and in Meat Tissues. (10/11/90) 332.11 - Illinois (IL)MOU with:
332.12 - Iowa (IA)MOU with:
332.13 - Indiana (IN)MOU with Commercial Feed Regulatory Agencies of the states of Illinois, Indiana, Michigan, Minnesota, North Dakota, South Dakota, and Wisconsin Relating to Animal Feed and the Impact of Animal Feed on Food (5/24/93) 332.14 - Kansas (KS)MOU with KS Department of Health and Environment Concerning Inspection, Investigation, and Analytical Findings Related to Food and Drug Firms (revised 5/12/95) 332.15 - Kentucky (KY)
332.16 - Louisiana (LA)MOU with LA Department of Agriculture and Forestry Relating to Food Firms (6/28/94) 332.17 - Maine (ME)MOU with ME Department of Agriculture, Food and Rural Resources Regarding the Coordination of Joint Efforts in Monitoring Pesticide and Industrial Chemical Residues in Foods (3/22/90) 332.18 - Maryland (MD)MOU with:
332.19 - Michigan (MI)MOU with:
332.20 - Minnesota (MN)MOU with:
332.21 - Missouri (MO)MOU with:
332.22 - Nebraska (NE)MOU with NE Department of Agriculture Concerning Inspection, Investigations, and Analytical Findings Related to Foods and Animal Feeds Firms (revised 5/23/95) 332.23 - New Jersey (NJ)MOU with NJ Department of Health Regarding Inspection of Drug Firms, Investigations of Drug Related Health Frauds, Analysis of Drug Samples, and Recalls (2/3/86) 332.24 - New Mexico (NM)MOU with NM Department of Health and Environment and NM Department of Agriculture Regarding Coordination of Information and Work-Sharing in Monitoring Pesticide Residues and Mycotoxins in Food and Animal Feed Commodities (revised 4/12/94) 332.25 - New York (NY)Agreement with NY Department of Agriculture and Markets Regarding Coordination of Communications and Work-Sharing to Ensure Prompt and Effective Food- Related Consumer Protection Services (6/20/90) 332.26 - North Carolina (NC)MOU with NC Department of Agriculture of Food and Drug Firms (10/02/92) 332.27 - North Dakota (ND)MOU with Commercial Feed Regulatory Agencies of the states of Illinois, Indiana, Michigan, Minnesota, North Dakota, South Dakota, and Wisconsin Relating to Animal Feed and the Impact of Animal Feed on Food (5/24/93) 332.28 - Ohio (OH)MOU with OH Department of Health Regarding Sharing of Information About Levels of Pesticides in Grade A Milk, Milk Products, Grade A Goat Milk, and Goat Milk Products (1/18/90) 332.29 - Oklahoma (OK)MOU with:
332.30 - Oregon (OR)MOU with OR Dept. of Agriculture Relating to Food Firms (Being Superceded by Partnership Agreement) 332.31 - Pennsylvania (PA)MOU with:
332.32 - Puerto Rico (PR)MOU with the Commonwealth of Puerto Rico Dept. of Consumer Affairs (DACO) Concerning Cooperative Education Initiatives, Mutual Planning, Sharing Reports of Inspections, Investigations, and Analytical Findings (10/1/93) 332.33 - Rhode Island (RI)MOU with RI Department of Health Regarding the Coordination of Joint Efforts in Monitoring Pesticide and Industrial Chemical Residues in Foods (9/26/90) 332.34 - South Carolina (SC)MOU with:
332.35 - South Dakota (SD)MOU with Commercial Feed Regulatory Agencies of the states of Illinois, Indiana, Michigan, Minnesota, North Dakota, South Dakota, and Wisconsin Relating to Animal Feed and the Impact of Animal Feed on Food (5/24/93) 332.36 - Tennessee (TN)MOU with TN Department of Agriculture Regarding Inspections of Food, Animal Feed, Cosmetic, Medical Device, and Drug Firms (8/25/92) 332.37 - Texas (TX)MOU with:
332.38 - Utah (UT)MOU with UT Department of Agriculture Regarding the Inspection of Food Firms (4/16/92) 332.39 - Virginia (VA)MOU with:
332.40 - Washington (WA)MOU with:
332.41 - West Virginia (WV)MOU with:
332.42 - Wisconsin (WI)MOU with:
332.43 - Wyoming (WY)MOU with WY Department of Agriculture Regarding the Inspection of Food, Drug, and Medical Device Firms (3/20/92) 332.44 - National Association of StateDepartments of Agriculture (NSDA) MOU with NSDA in Order to Provide a Coordinated Structure for the Conduct of Public Education Programs Regarding the Safety and Wholesomeness of the United States Food Supply (3/4/91)
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