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21 U.S.C. § 61 — Definitions

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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Stable record: federal_law:legal_authorities:record_usc_a04c643981bb0e5ad68b8dbd
Source file: Laws/federal/codes/united-states-code/title-21/section-61-definitions--7e3967e733.md
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Source location: Title 21, Chapter 3, § 61; chapter-003-filled-milk.md

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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. § 392 — Exemption of meats and meat food products

**(a) Law determinative of exemption** Meats and meat food products shall be exempt from the provisions of this chapter to the extent of the application or the extension thereto of the Meat Inspection Act, approved March 4, 1907, as amended [[21 U.S.C. 601](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title21-section601&num=0&edition=prelim) et seq.]. **(b) Laws unaffected** Nothing contained in this chapter shall be construed as in any way affecting, modifying, repealing, or superseding the provisions of section 351 of Public Health Service Act [[42 U.S.C. 262](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section262&num=0&edition=prelim)] (relating to viruses, serums, toxins, and analogous products applicable to man); the virus, serum, toxin, and analogous products provisions, applicable to domestic animals, of the Act of Congress approved March 4, 1913 (37 Stat. 832–833) [[21 U.S.C. 151](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title21-section151&num=0&edition=prelim) et seq.]; the Filled Cheese Act of June 6, 1896 (U.S.C., 1934 ed., title 26, ch. 10), the Filled Milk Act of March 4, 1923 [[21 U.S.C. 61](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title21-section61&num=0&edition=prelim) et seq.]; or the Import Milk Act of February 15, 1927 [[21 U.S.C. 141](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title21-section141&num=0&edition=prelim) et seq.].

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

21 U.S.C. § 61 — Definitions

Page 4 TITLE 21—FOOD AND DRUGS § 26 the laws of such State or Territory or the Dis- trict of Columbia, enacted in the exercise of its police powers to the same extent and in the same manner as though such articles or sub- stances had been produced in such State or Ter- ritory or the District of Columbia, and shall not be exempt therefrom by reason of being intro- duced therein in original packages or otherwise. (May 9, 1902, ch. 784, § 1, 32 Stat. 193.) § 26. Omitted Editorial Notes CODIFICATION Section, which was from the appropriation acts of Jan. 18, 1927, ch. 39, 44 Stat. 984; May 16, 1928, ch. 572, 45 Stat. 548; Feb. 16, 1929, ch. 227, 45 Stat. 1198; May 27, 1930, ch. 341, 46 Stat. 424, and subsequent Department of Agriculture Appropriation Acts to and including act June 28, 1944, ch. 296, § 4, 58 Stat. 461, and related to in- spection of food and other products, is covered by sec- tion 2256 of Title 7, Agriculture. CHAPTER 2—TEAS §§ 41 to 50. Repealed. Pub. L. 104–128, § 2, Apr. 9, 1996, 110 Stat. 1198 Section 41, acts Mar. 2, 1897, ch. 358, § 1, 29 Stat. 604; May 16, 1908, ch. 170, 35 Stat. 163; May 31, 1920, ch. 217, 41 Stat. 712; 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; May 24, 1962, Pub. L. 87–456, title III, § 303(a), 76 Stat. 77; Aug. 23, 1988, Pub. L. 100–418, title I, § 1214(l), 102 Stat. 1158, prohibited unlawful importation of substandard tea. Section 42, acts Mar. 2, 1897, ch. 358, § 2, 29 Stat. 605; May 31, 1920, ch. 217, 41 Stat. 712; 1940 Reorg. Plan No. IV, § 12, eff. June 30, 1940, 5 F.R. 2421, 54 Stat. 1237; July 12, 1943, ch. 221, title II, 57 Stat. 500; 1953 Reorg. Plan No. 1, § 5, eff. Apr. 11, 1953, 18 F.

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