subpart_subject: "Administrative Detention of Food for Human or Animal Consumption"
section_number: "1.379"
section_subject: "How long may FDA detain an article of food?"
cfr_reference: "21 CFR 1.379"
title_name: "Title 21"
title_subject: "Food and Drugs"
parts_covered: "Parts 1 to 99"
revised_date: "Revised as of April 1, 2019"
publication_date: "As of April 1, 2019"
contains_description: "Containing a codification of documents of general applicability and future effect"
publication_info: "Published by the Office of the Federal Register National Archives and Records Administration as a Special Edition of the Federal Register"
---
(a)FDA may detain an article of food for a reasonable period that may not exceed 20 calendar days after the detention order is issued. However, an article may be detained for 10 additional calendar days if a greater period of time is required to institute a seizure or injunction action. The authorized FDA representative may approve the additional 10-calendar day detention period at the time the detention order is issued, or at any time within the 20-calendar day period by amending the detention order.
(b)The entire detention period may not exceed 30 calendar days.
(c)An authorized FDA representative may, in accordance with § 1.384, terminate a detention order before the expiration of the detention period.