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U.S. CODE
TITLE 21
FOOD AND DRUGS

Version 2010-02-01


  • ADULTERATED OR MISBRANDED FOODS OR DRUGS
    • FEDERAL FOOD AND DRUGS ACT OF 1906
    • MISCELLANEOUS PROVISIONS
  • TEAS
  • FILLED MILK
  • ANIMALS, MEATS, AND MEAT AND DAIRY PRODUCTS
    • EXAMINATION OF ANIMALS, MEATS, AND MEAT AND DAIRY PRODUCTS
    • IMPORTATION OF CATTLE AND QUARANTINE
    • PREVENTION OF INTRODUCTION AND SPREAD OF CONTAGION
    • IMPORTATION OF MILK AND CREAM
  • VIRUSES, SERUMS, TOXINS, ANTITOXINS, AND ANALOGOUS PRODUCTS
  • BUREAU OF NARCOTICS
  • NARCOTIC DRUGS
    • IMPORTATION OR EXPORTATION
    • MARIHUANA AND HEALTH REPORTING
    • DOMESTIC CONTROL OF PRODUCTION AND DISTRIBUTION OF THE OPIUM POPPY
    • IMPORTATION BY CHINESE SUBJECTS OR TRAFFICKING IN, IN CHINA, BY UNITED STATES CITIZENS
    • MISCELLANEOUS
  • PRACTICE OF PHARMACY AND SALE OF POISONS IN CONSULAR DISTRICTS IN CHINA
  • NARCOTIC FARMS
  • FEDERAL FOOD, DRUG, AND COSMETIC ACT
    • SHORT TITLE
    • DEFINITIONS
    • PROHIBITED ACTS AND PENALTIES
    • FOOD
    • DRUGS AND DEVICES
      • Drugs and Devices
      • Drugs for Rare Diseases or Conditions
      • Electronic Product Radiation Control
      • Dissemination of Treatment Information
      • General Provisions Relating to Drugs and Devices
      • New Animal Drugs for Minor Use and Minor Species
    • COSMETICS
    • GENERAL AUTHORITY
      • General Administrative Provisions
      • Colors
      • Fees
        • freedom of information fees
        • fees relating to drugs
        • fees relating to devices
        • fees relating to animal drugs
        • fees relating to generic new animal drugs
      • Information and Education
      • Environmental Impact Review
      • National Uniformity for Nonprescription Drugs and Preemption for Labeling or Packaging of Cosmetics
      • Safety Reports
      • Serious Adverse Event Reports
      • Reagan-Udall Foundation for the Food and Drug Administration
    • IMPORTS AND EXPORTS
    • TOBACCO PRODUCTS
    • MISCELLANEOUS
  • POULTRY AND POULTRY PRODUCTS INSPECTION
  • MANUFACTURE OF NARCOTIC DRUGS
  • MEAT INSPECTION
    • INSPECTION REQUIREMENTS; ADULTERATION AND MISBRANDING
    • MEAT PROCESSORS AND RELATED INDUSTRIES
    • FEDERAL AND STATE COOPERATION
    • AUXILIARY PROVISIONS
    • INSPECTIONS BY FEDERAL AND STATE AGENCIES
    • MISCELLANEOUS PROVISIONS
  • DRUG ABUSE PREVENTION AND CONTROL
    • CONTROL AND ENFORCEMENT
      • Introductory Provisions
      • Authority To Control; Standards and Schedules
      • Registration of Manufacturers, Distributors, and Dispensers of Controlled Substances
      • Offenses and Penalties
      • Administrative and Enforcement Provisions
      • General Provisions
    • IMPORT AND EXPORT
  • ALCOHOL AND DRUG ABUSE EDUCATIONAL PROGRAMS AND ACTIVITIES
  • EGG PRODUCTS INSPECTION
  • DRUG ABUSE PREVENTION, TREATMENT, AND REHABILITATION
    • GENERAL PROVISIONS
    • DRUG ABUSE POLICY COORDINATION
    • NATIONAL DRUG ABUSE STRATEGY
    • OTHER FEDERAL PROGRAMS
    • NATIONAL INSTITUTE ON DRUG ABUSE
  • NATIONAL DRUG ENFORCEMENT POLICY
  • PRESIDENTS MEDIA COMMISSION ON ALCOHOL AND DRUG ABUSE PREVENTION
  • PESTICIDE MONITORING IMPROVEMENTS
  • NATIONAL DRUG CONTROL PROGRAM
    • OFFICE OF NATIONAL DRUG CONTROL POLICY
    • DRUG-FREE COMMUNITIES
      • Drug-Free Communities Support Program
      • Advisory Commission
  • BIOMATERIALS ACCESS ASSURANCE
  • NATIONAL DRUG CONTROL POLICY
  • NATIONAL YOUTH ANTI-DRUG MEDIA CAMPAIGN
  • INTERNATIONAL NARCOTICS TRAFFICKING
  • MISCELLANEOUS ANTI-DRUG ABUSE PROVISIONS
    • ANTI-DOPING AGENCY
    • NATIONAL METHAMPHETAMINE INFORMATION CLEARINGHOUSE
  • FOOD SAFETY
  • Version 2010-02-01

CHAPTER 1

ADULTERATED OR MISBRANDED FOODS OR DRUGS

1 - SUBCHAPTER I

FEDERAL FOOD AND DRUGS ACT OF 1906

Repealed

Section 1, act June 30, 1906, ch. 3915, § 1, 34 Stat. 768, made it unlawful to manufacture adulterated or misbranded foods or drugs in Territories or District of Columbia and provided penalty for violations. See sections 331 and 333 of this title.

Section 2, act June 30, 1906, ch. 3915, § 2, 34 Stat. 768, prohibited introduction, shipment, delivery or sale of adulterated or misbranded foods or drugs in interstate or foreign commerce, provided penalty for violations and exempted exports conforming to specifications of foreign purchaser and not in conflict with laws of foreign country importing the same. See sections 331, 333 and 381 of this title.

Section 3, acts June 30, 1906, ch. 3915, § 3, 34 Stat. 768; Mar. 4, 1913, ch. 141, § 1, 37 Stat. 736, authorized Secretaries of the Treasury, Agriculture, and Commerce to make uniform rules and regulations for enforcement of food and drug laws, including collection and examination of specimens. See section 371 of this title.

Section 4, act June 30, 1906, ch. 3915, § 12, 34 Stat. 772, provided that act or omission of officer, agent, and so forth, of corporation, shall be deemed act or omission of corporation.

Section 5, act June 30, 1906, ch. 3915, § 12, 34 Stat. 772, defined "territory" and "person". See section 321 of this title and section 1 of Title 1, General Provisions.



Transferred





Repealed

Section 7, act June 30, 1906, ch. 3915, § 6, 34 Stat. 769, defined "drug" and "food". See section 321 of this title.

Section 8, act June 30, 1906, ch. 3915, § 7, 34 Stat. 769, deemed drugs to be adulterated when sold having a difference from recognized standards, except where there is an explanatory statement on or in container, and when sold below professed standard; confectioneries, when containing mineral substances, poisonous color or flavors, other deleterious ingredients, liquors or narcotics; food, when concerned with injurious mixtures, use of substitutes, abstraction of valuable constituents, concealment of damage or inferiority, deleterious ingredients, preservatives in shipment conditionally excepted, animal or vegetable substances unfit for food and products of animals diseased or having died otherwise than by slaughter. See sections 342 and 351 of this title.

Section 9, act June 30, 1906, ch. 3915, § 8, 34 Stat. 771, defined "misbranded" and provided for its application to drugs and food. See sections 343 and 352 of this title.

Section 10, acts June 30, 1906, ch. 3915, § 8, 34 Stat. 771; Aug. 23, 1912, ch. 352, 37 Stat. 416; Mar. 3, 1913, ch. 117, 37 Stat. 732; July 24, 1919, ch. 26, 41 Stat. 271; July 8, 1930, ch. 874, 46 Stat. 1019, deemed drugs to be misbranded when there is an imitation or use of name of other article, when there is removal and substitution of contents of package or failure to state on label quantity or proportion of narcotics therein, and when there is a false statement of curative or therapeutic effect; and food, when there is an imitation or use of name of other article, when there is a false label or brand removal and substitution of contents of package, or failure to state or label quantity or proportion of narcotics therein, when the packages are not marked with weight, with certain variations and exemptions permitted, when there are false or misleading statements on package or label as to ingredients or substances; and food, when mixtures or compounds under distinctive names, the articles are labeled, branded as compounds, imitations, or blends; construed the term "blend" and related to disclosure of trade formulas of proprietary foods, and canned food. See sections 321b, 341, 343 and 352 of this title.

Section 11, acts June 30, 1906, ch. 3915, § 4, 34 Stat. 769; Jan. 18, 1927, ch. 39, 44 Stat. 1003, provided for examination of specimens, notice of adulteration or misbranding, hearing, certification of violations to United States district attorney and notice of judgment.

Section 12, act June 30, 1906, ch. 3915, § 5, 34 Stat. 769, provided for prosecution by district attorneys for enforcement of penalties.

Section 13, act June 30, 1906, ch. 3915, § 9, 34 Stat. 771, provided for a seller's guaranty as protection to dealer. See section 333 of this title.

Section 14, act June 30, 1906, ch. 3915, § 10, 34 Stat. 771, provided for seizure of articles by libel for condemnation, at suit of and in name of United States, in United States district court where found, conforming to proceedings in admiralty, with right to trial by jury, destruction or sale of adulterated or misbranded articles, bond and payment of proceeds into Treasury of United States. See sections 332, 334 and 337 of this title.



Transferred





Repealed

Section, act June 30, 1906, ch. 3915, § 11, 34 Stat. 772, provided for examination of samples of imports, refusal of admission and delivery to consignee, delivery to consignee pending examination and decision on bond and charges for storage and lien therefor. See section 381 of this title.



1 - SUBCHAPTER II

MISCELLANEOUS PROVISIONS

Introduction into, or sale in, State or Territory or District of Columbia of dairy or food products falsely labeled or branded

No person or persons, company or corporation, shall introduce into any State or Territory of the United States or the District of Columbia from any other State or Territory of the United States or the District of Columbia, or sell in the District of Columbia or in any Territory any dairy or food products which shall be falsely labeled or branded as to the State or Territory in which they are made, produced, or grown, or cause or procure the same to be done by others.



Penalty for sale or introduction of falsely labeled dairy or food products; venue

If any person or persons violate the provisions of section 16 of this title, either in person or through another, he shall be guilty of a misdemeanor and shall be punished by a fine of not less than $500 nor more than $2,000. The jurisdiction for the prosecution of said misdemeanor shall be within the district of the United States court in which it is committed.



Suspension of importation of adulterated articles

Whenever the President is satisfied that there is good reason to believe that any importation is being made, or is about to be made, into the United States, from any foreign country, of any article used for human food or drink that is adulterated to an extent dangerous to the health or welfare of the people of the United States, or any of them, he may issue his proclamation suspending the importation of such articles from such country for such period of time as he may think necessary to prevent such importation; and during such period it shall be unlawful to import into the United States from the countries designated in the proclamation of the President any of the articles the importation of which is so suspended.



Repealed

Section, act May 23, 1908, ch. 192, 35 Stat. 261, related to report to Congress of expenditures in enforcing food and drug laws.





Apples in interstate commerce; standard grades

The standard grades for apples when packed in barrels which shall be shipped or delivered for shipment in interstate or foreign commerce, or which shall be sold or offered for sale within the District of Columbia or the Territories of the United States shall be as follows: Apples of one variety, which are well-grown specimens, hand picked, of good color for the variety, normal shape, practically free from insect and fungous injury, bruises, and other defects, except such as are necessarily caused in the operation of packing, or apples of one variety which are not more than 10 per centum below the foregoing specifications shall be "Standard grade minimum size two and one-half inches", if the minimum size of the apples is two and one-half inches in transverse diameter; "Standard grade minimum size two and one-fourth inches", if the minimum size of the apples is two and one-fourth inches in transverse diameter; or "Standard grade minimum size two inches", if the minimum size of the apples is two inches in transverse diameter.



Branding grades on barrels of apples

The barrels in which apples are packed in accordance with the provisions of sections 20 to 23 of this title may be branded in accordance with the provisions of section 20 of this title.



Barrels misbranded

Barrels packed with apples shall be deemed to be misbranded within the meaning of sections 20 to 23 of this title—

First. If the barrel bears any statement, design, or device indicating that the apples contained therein are "Standard" grade and the apples when packed do not conform to the requirements prescribed by section 20 of this title.

Second. If the barrel bears any statement, design, or device indicating that the apples contained therein are "Standard" grade and the barrel fails to bear also a statement of the name of the variety, the name of the locality where grown, and the name of the packer or the person by whose authority the apples were packed and the barrel marked.