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21 U.S.C. § 347b — Contravention of State laws
Federal law — U.S. Code and appendices · legal_authorities
Nothing in this Act shall be construed as authorizing the possession, sale, or serving of colored oleomargarine or colored margarine in any State or Territory in contravention of the laws of such State or Territory.
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Source location: Title 21, Chapter 9, § 347b; chapter-009-federal-food-drug-and-cosmetic-act.md
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Nothing in this Act shall be construed as authorizing the possession, sale, or serving of colored oleomargarine or colored margarine in any State or Territory in contravention of the laws of such State or Territory.
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Law governing** Colored oleomargarine or colored margarine which is sold in the same State or Territory in which it is produced shall be subject in the same manner and to the same extent to the provisions of this chapter as if it had been introduced in interstate commerce.
**(b) Labeling and packaging requirements** No person shall sell, or offer for sale, colored oleomargarine or colored margarine unless—
(1) such oleomargarine or margarine is packaged,
(2) the net weight of the contents of any package sold in a retail establishment is one pound or less,
(3) there appears on the label of the package (A) the word “oleomargarine” or “margarine” in type or lettering at least as large as any other type or lettering on such label, and (B) a full and accurate statement of all the ingredients contained in such oleomargarine or margarine, and
(4) each part of the contents of the package is contained in a wrapper which bears the word “oleomargarine” or “margarine” in type or lettering not smaller than 20-point type.
The requirements of this subsection shall be in addition to and not in lieu of any of the other requirements of this chapter.
**(c) Sales in public eating places** No person shall possess in a form ready for serving colored oleomargarine or colored margarine at a public eating place unless a notice that oleomargarine or margarine is served is displayed prominently and conspicuously in such place and in such manner as to render it likely to be read and understood by the ordinary individual being served in such eating place or is printed or is otherwise set forth on the menu in type or lettering not smaller than that normally used to designate the serving of other food items. No person shall serve colored oleomargarine or colored margarine at a public eati
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Federal law — U.S. Code and appendices · legal_authorities
Page 118
TITLE 21—FOOD AND DRUGS
§ 347a
347b of this title and amending sections 331 and 342 of
this title and sections 45 and 55 of Title 15, Commerce
and Trade] shall become effective on July 1, 1950.’’
TRANSFER OF APPROPRIATIONS
Act Mar. 16, 1950, ch. 61, § 5, 64 Stat. 22, provided that:
‘‘So much of the unexpended balances of appropria-
tions, allocations, or other funds (including funds avail-
able for the fiscal year ending June 30, 1950) for the use
of the Bureau of Internal Revenue of the Treasury De-
partment in the exercise of functions under the Oleo-
margarine Tax Act (26 U.S.C., § 2300, subchapter A) [now
section 4591 et seq. of Title 26, Internal Revenue Code],
as the Director of the Bureau of the Budget [now Direc-
tor of the Office of Management and Budget] may de-
termine, shall be transferred to the Federal Security
Agency (Food and Drug Administration) [now the De-
partment of Health and Human Services] for use in the
enforcement of this Act [see Effective Date note
above].’’
§ 347a. Congressional declaration of policy re-
garding oleomargarine sales
The Congress hereby finds and declares that
the sale, or the serving in public eating places,
of colored oleomargarine or colored margarine
without clear identification as such or which is
otherwise adulterated or misbranded within the
meaning of the Federal Food, Drug, and Cos-
metic Act [21 U.S.C. 301 et seq.] depresses the
market in interstate commerce for butter and
for oleomargarine or margarine clearly identi-
fied and neither adulterated nor misbranded,
and constitutes a burden on interstate com-
merce in such articles. Such burden exists, irre-
spective of whether such oleomargarine or mar-
garine originates from an interstate source or
from the State in which it is sold.
(Ma
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