21 U.S.C. § 71 — Untitled legal text

Page 5 TITLE 21—FOOD AND DRUGS §§ 71 to 92 sulting product is in imitation or semblance of milk, cream, or skimmed milk, whether or not condensed, evaporated, concentrated, powdered, dried, or desiccated. This definition shall not in- clude any distinctive proprietary food compound not readily mistaken in taste for milk or cream or for evaporated, condensed, or powdered milk, or cream where such compound (1) is prepared and designed for feeding infants and young chil- dren and customarily used on the order of a phy- sician; (2) is packed in individual cans con- taining not more than sixteen and one-half ounces and bearing a label in bold type that the content is to be used only for said purpose; (3) is shipped in interstate or foreign commerce exclu- sively to physicians, wholesale and retail drug- gists, orphan asylums, child-welfare associa- tions, hospitals, and similar institutions and generally disposed of by them. (Mar. 4, 1923, ch. 262, § 1, 42 Stat. 1486.) Statutory Notes and Related Subsidiaries SHORT TITLE Act July 12, 1943, ch. 221, title II, 57 Stat. 499, pro- vided in part that act Mar. 4, 1923, which enacted this chapter, may be cited as the ‘‘Filled Milk Act’’. § 62. Manufacture, shipment, or delivery for ship- ment in interstate or foreign commerce pro- hibited It is declared that filled milk, as defined in section 61 of this title, is an adulterated article of food, injurious to the public health, and its sale constitutes a fraud upon the public. It shall be unlawful for any person to manufacture with- in any Territory or possession, or within the District of Columbia, or to ship or deliver for shipment in interstate or foreign commerce, any filled milk. (Mar. 4, 1923, ch. 262, § 2, 42 Stat. 1487.) § 63. Penalties; acts of agents deemed acts of principals Any person violating any provision of this chapter shall upon conviction thereof be subject to a fine of not more than $1,000 or imprison- ment of not more than one year, or both. When construing and enforcing the provisions of this chapter, the act, omission, or failure of any per- son acting for or employed by any individual, partnership, corporation, or association, within the scope of his employment or office, shall in every case be deemed the act, omission, or fail- ure, of such individual, partnership, corporation, or association, as well as of such person. (Mar. 4, 1923, ch. 262, § 3, 42 Stat. 1487.) Editorial Notes CODIFICATION The original text of this section contained a further provision that no penalty should be enforced for any violation occurring within 30 days after act Mar. 4, 1923 became law and was omitted as temporary and obso- lete. § 64. Regulations for enforcement The Secretary of Health and Human Services is authorized and directed to make and enforce such regulations as may in his judgment be nec- essary to carry out the purposes of this chapter. (Mar. 4, 1923, ch. 262, § 4, as added Aug. 27, 1935, ch. 743, 49 Stat. 885; 1940 Reorg. Plan No. IV, § 12, eff. June 30, 1940, 5 F.R. 2421, 54 Stat. 1237; 1953 Reorg. Plan No. 1, § 5, eff. Apr. 11, 1953, 18 F.R. 2053, 67 Stat. 631; Pub. L. 96–88, title V, § 509(b), Oct. 17, 1979, 93 Stat. 695.) Statutory Notes and Related Subsidiaries CHANGE OF NAME ‘‘Secretary of Health and Human Services’’ sub- stituted in text for ‘‘Secretary of Health, Education, and Welfare’’ pursuant to section 509(b) of Pub. L. 96–88, which is classified to section 3508(b) of Title 20, Edu- cation. Executive Documents TRANSFER OF FUNCTIONS For transfer of functions of Federal Security Admin- istrator to Secretary of Health, Education, and Welfare [now Health and Human Services], and of Food and Drug Administration to Federal Security Agency, see notes set out under section 321 of this title. CHAPTER 4—ANIMALS, MEATS, AND MEAT AND DAIRY PRODUCTS SUBCHAPTER I—EXAMINATION OF ANIMALS, MEATS, AND MEAT AND DAIRY PRODUCTS Sec. 71 to 99. Transferred, Repealed, or Omitted. SUBCHAPTER II—IMPORTATION OF CATTLE AND QUARANTINE 101. Suspension of importation of all animals. 102 to 107. Repealed or Omitted. SUBCHAPTER III—PREVENTION OF INTRODUCTION AND SPREAD OF CONTAGION 111 to 113. Repealed or Omitted. 113a. Establishment of research laboratories for foot-and-mouth disease and other animal diseases; research contracts; employment of technicians and scientists; appropriations. 114 to 114h. Repealed. 114i. Pseudorabies eradication. 115 to 135b. Repealed, Omitted, or Transferred. 136. Additional inspection services. 136a. Collection of fees for inspection services. SUBCHAPTER IV—IMPORTATION OF MILK AND CREAM 141. Prohibition of importation without permit. 142. Milk or cream when unfit for importation. 143. Inspection; certified statement in lieu there- of; waiver of requirements of section 142; regulations; suspension and revocation of permits. 144. Unlawful receiving of imported milk or cream. 145. Penalties. 146. Authorization of appropriations. 147. Repeal of inconsistent laws. 148. Powers of State with respect to milk or cream lawfully imported. 149. Definitions. SUBCHAPTER I—EXAMINATION OF ANI- MALS, MEATS, AND MEAT AND DAIRY PRODUCTS §§ 71 to 92. Transferred Editorial Notes CODIFICATION Section 71, act Mar. 4, 1907, ch. 2907, 34 Stat. 1260, which related to inspection of meat and meat food Page 6 TITLE 21—FOOD AND DRUGS § 93 products, examination of cattle before slaughtering, separate slaughtering of diseased animals and examina- tion of carcasses, was transferred to section 603 of this title. Section 72, act Mar. 4, 1907, ch. 2907, 34 Stat. 1260, which related to post mortem examination of car- casses, marking and labeling, destruction of condemned carcasses, and reinspection, was transferred to section 604 of this title. Section 73, act Mar. 4, 1907, ch. 2907, 34 Stat. 1261, which related to examination of carcasses brought into slaughtering or packing establishments and of meat food products issued from and returned thereto, was transferred to section 605 of this title. Section 74, act Mar. 4, 1907, ch. 2907, 34 Stat. 1261, which related to examination and inspection of meat food products, marks of inspection, destruction of con- demned products, and products for export, was trans- ferred to section 606 of this title and was subsequently repealed by Pub. L. 110–234, title XI, § 11016(b)(1)(B), May 22, 2008, 122 Stat. 1369, and Pub. L. 110–246, § 4(a), title XI, § 11016(b)(1)(B), June 18, 2008, 122 Stat. 1664, 2131. Section 75, act Mar. 4, 1907, ch. 2907, 34 Stat. 1262, which related to labeling of receptacles and coverings of meat and meat food products inspected and passed, supervision by inspectors, prohibition of sales under false names, was transferred to section 607 of this title. Section 76, act Mar. 4, 1907, ch. 2907, 34 Stat. 1262, which related to sanitary inspection and regulation of slaughtering and packing establishments, and rejection of meat or meat food products unfit for food, was trans- ferred to section 608 of this title. Section 77, act Mar. 4, 1907, ch. 2907, 34 Stat. 1262, which related to examination of cattle and food prod- ucts thereof slaughtered and prepared during night time, was transferred to section 609 of this title. Section 78, act Mar. 4, 1907, ch. 2907, 34 Stat. 1262, which related to prohibition of transportation of car- casses, meat, or meat food products not properly in- spected and marked, was transferred to section 610 of this title. Section 79, act Mar. 4, 1907, ch. 2907, 34 Stat. 1263, which related to forgery, alteration, and unauthorized use of marks, labels, and certificates, was transferred to section 611 of this title. Section 80, act Mar. 4, 1907, ch. 2907, 34 Stat. 1263, which related to inspection of animals for export, was transferred to section 612 of this title and was subse- quently repealed by Pub. L. 107–171, title X, § 10418(a)(19), May 13, 2002, 116 Stat. 508. Section 81, act Mar. 4, 1907, ch. 2907, 34 Stat. 1263, which related to certificates of condition of animals for export, was transferred to section 613 of this title and was subsequently repealed by Pub. L. 107–171, title X, § 10418(a)(19), May 13, 2002, 116 Stat. 508. Section 82, act Mar. 4, 1907, ch. 2907, 34 Stat. 1263, which related to clearance to vessels carrying cattle for export with proper certificate of inspection, was transferred to section 614 of this title and was subse- quently repealed by Pub. L. 107–171, title X, § 10418(a)(19), May 13, 2002, 116 Stat. 508. Section 83, act Mar. 4, 1907, ch. 2907, 34 Stat. 1263, which related to inspection of carcasses, the meat of which is intended for export, was transferred to section 615 of this title. Section 84, act Mar. 4, 1907, ch. 2907, 34 Stat. 1263, which related to certificates of condition of carcasses, the meat of which is intended for export, was trans- ferred to section 616 of this title. Section 85, act Mar. 4, 1907, ch. 2907, 34 Stat. 1263, which related to clearance to vessels carrying meat for export with proper certificate of inspection, was trans- ferred to section 617 of this title. Section 86, act Mar. 4, 1907, ch. 2907, 34 Stat. 1263, which related to official certificates of inspection and delivery of copies thereof to different parties, was transferred to section 618 of this title. Section 87, act Mar. 4, 1907, ch. 2907, 34 Stat. 1264, which related to prohibition of transportation or sale of meat or meat food products without complying with provisions of inspection law, was transferred to section 619 of this title. Section 88, act Mar. 4, 1907, ch. 2907, 34 Stat. 1264, which related to offenses and penalties, was transferred to section 620 of this title. Section 89, act Mar. 4, 1907, ch. 2907, 34 Stat. 1264, which related to appointment of inspectors, their du- ties, and rule making authority of the Secretary of Ag- riculture, was transferred to section 621 of this title. Section 90, act Mar. 4, 1907, ch. 2907, 34 Stat. 1264, which related to penalties for bribery, was transferred to section 622 of this title. Section 91, acts Mar. 4, 1907, ch. 2907, 34 Stat. 1265; June 29, 1938, ch. 810, 52 Stat. 1235, which related to definitions, exceptions to inspection requirements in case of farmers and retailers, and penalties for sale of meat and meat food products unfit for food, was trans- ferred to section 623 of this title. Section 92, act Mar. 4, 1907, ch. 2907, 34 Stat. 1265, which was a proviso following the first sentence of sec- tion 91 of this title, was restored to that section and has been transferred to section 623 of this title. § 93. Repealed. May 29, 1928, ch. 901, § 1(92), 45 Stat. 993 Section, act Mar. 4, 1907, ch. 2907, 34 Stat. 1265, re- lated to statement in annual estimates as to persons employed, their compensation and expenses. §§ 94 to 95. Transferred Editorial Notes CODIFICATION Section 94, act June 30, 1914, ch. 131, 38 Stat. 420, which related to inspection of reindeer, was transferred to section 692 of this title. Section 94a, act May 23, 1908, ch. 192, 35 Stat. 254, which related to inspection of dairy products for ex- port, was transferred to section 693 of this title. Section 95, acts June 30, 1906, ch. 3913, 34 Stat. 679; June 26, 1934, ch. 756, § 2, 48 Stat. 1225, which related to authorization of appropriations for expenses of inspec- tion, was transferred to section 694 of this title. § 96. Repealed. Pub. L. 90–201, § 18, Dec. 15, 1967, 81 Stat. 600 Section, act July 24, 1919, ch. 26, 41 Stat. 241, provided for marking horse meat transported in interstate com- merce. See section 619 of this title. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF REPEAL Repeal effective Dec. 15, 1967, see section 20 of Pub. L. 90–201, set out as an Effective Date note under section 601 of this title. §§ 97 to 97d. Omitted Editorial Notes CODIFICATION Sections 97 to 97d, act July 30, 1947, ch. 356, title I, § 1, 61 Stat. 531, 532, set up a meat inspection fund and pro- vided for payment for meat inspection service by the persons or organizations who were furnished such in- spection on and after July 1, 1947. These provisions ceased to be effective on July 1, 1948, under section 98 of this title which requires the cost of such inspection to be borne by the United States. The unobligated bal- ance in the meat inspection fund was carried to the general fund of the Treasury by act June 19, 1948, ch. 543, § 1, 62 Stat. 515.