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21 U.S.C. § 62 — Manufacture, shipment, or delivery for shipment in interstate or foreign commerce prohibited

Federal law — U.S. Code and appendices · legal_authorities

21 U.S.C. § 62 — Manufacture, shipment, or delivery for shipment in interstate or foreign commerce prohibited

It is declared that filled milk, as defined in [section 61 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title21-section61&num=0&edition=prelim), 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 within 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.

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Source location: Title 21, Chapter 3, § 62; chapter-003-filled-milk.md

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Federal law — U.S. Code and appendices · legal_authorities

21 U.S.C. § 61 — Definitions

Whenever used in this chapter— **(a)** The term “person” includes an individual, partnership, corporation, or association; **(b)** The term “interstate or foreign commerce” means commerce (1) between any State, Territory, or possession, or the District of Columbia, and any place outside thereof; (2) between points within the same State, Territory, or possession, or within the District of Columbia, but through any place outside thereof; or (3) within any Territory or possession, or within the District of Columbia; and **(c)** The term “filled milk” means any milk, cream, or skimmed milk, whether or not condensed, evaporated, concentrated, powdered, dried, or desiccated, to which has been added, or which has been blended or compounded with, any fat or oil other than milk fat, so that the resulting 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 include 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 children and customarily used on the order of a physician; (2) is packed in individual cans containing 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 exclusively to physicians, wholesale and retail druggists, orphan asylums, child-welfare associations, hospitals, and similar institutions and generally disposed of by them.

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Federal law — U.S. Code and appendices · legal_authorities

21 U.S.C. § 62 — Manufacture, shipment, or delivery for ship-

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 agen

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