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21 U.S.C. § 341 — Definitions and standards for food
Federal law — U.S. Code and appendices · legal_authorities
Whenever in the judgment of the Secretary such action will promote honesty and fair dealing in the interest of consumers, he shall promulgate regulations fixing and establishing for any food, under its common or usual name so far as practicable, a reasonable definition and standard of identity, a reasonable standard of quality, or reasonable standards of fill of container. No definition and standard of identity and no standard of quality shall be established for fresh or dried fruits, fresh or dried vegetables, or butter, except that definitions and standards of identity may be established for avocadoes, cantaloupes, citrus fruits, and melons. In prescribing any standard of fill of container, the Secretary shall give due consideration to the natural shrinkage in storage and in transit of fresh natural food and to need for the necessary packing and protective material. In the prescribing of any standard of quality for any canned fruit or canned vegetable, consideration shall be given and due allowance made for the differing characteristics of the several varieties of such fruit or vegetable. In prescribing a definition and standard of identity for any food or class of food in which optional ingredients are permitted, the Secretary shall, for the purpose of promoting honesty and fair dealing in the interest of consumers, designate the optional ingredients which shall be named on the label. Any definition and standard of identity prescribed by the Secretary for avocadoes, cantaloupes, citrus fruits, or melons shall relate only to maturity and to the effects of freezing.
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Stable record: federal_law:legal_authorities:record_usc_b3bf1ebd26ae171d0b3b5528
Source file: Laws/federal/codes/united-states-code/title-21/section-341-definitions-and-standards-for-food--55cfa56140.md
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Source location: Title 21, Chapter 9, § 341; chapter-009-federal-food-drug-and-cosmetic-act.md
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Whenever in the judgment of the Secretary such action will promote honesty and fair dealing in the interest of consumers, he shall promulgate regulations fixing and establishing for any food, under its common or usual name so far as practicable, a reasonable definition and standard of identity, a reasonable standard of quality, or reasonable standards of fill of container. No definition and standard of identity and no standard of quality shall be established for fresh or dried fruits, fresh or dried vegetables, or butter, except that definitions and standards of identity may be established for avocadoes, cantaloupes, citrus fruits, and melons. In prescribing any standard of fill of container, the Secretary shall give due consideration to the natural shrinkage in storage and in transit of fresh natural food and to need for the necessary packing and protective material. In the prescribing of any standard of quality for any canned fruit or canned vegetable, consideration shall be given and due allowance made for the differing characteristics of the several varieties of such fruit or vegetable. In prescribing a definition and standard of identity for any food or class of food in which optional ingredients are permitted, the Secretary shall, for the purpose of promoting honesty and fair dealing in the interest of consumers, designate the optional ingredients which shall be named on the label. Any definition and standard of identity prescribed by the Secretary for avocadoes, cantaloupes, citrus fruits, or melons shall relate only to maturity and to the effects of freezing.
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Federal law — U.S. Code and appendices · legal_authorities
Level V of the Executive Schedule applies to the following positions, for which the annual rate of basic pay shall be the rate determined with respect to such level under chapter 11 of title 2, as adjusted by [section 5318 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section5318&num=0&edition=prelim):
Source: Supplied U.S. Code snapshot — release unconfirmed · 5 U.S.C. § 5316
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Federal law — U.S. Code and appendices · legal_authorities
Whoever, being an officer or employee of the United States or of any department or agency thereof, any person acting on behalf of the Federal Housing Finance Agency, or agent of the Department of Justice as defined in the Antitrust Civil Process Act ([15 U.S.C. 1311–131](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section1311–131&num=0&edition=prelim)4), or being an employee of a private sector organization who is or was assigned to an agency under chapter 37 of title 5, publishes, divulges, discloses, or makes known in any manner or to any extent not authorized by law any information coming to him in the course of his employment or official duties or by reason of any examination or investigation made by, or return, report or record made to or filed with, such department or agency or officer or employee thereof, which information concerns or relates to the trade secrets, processes, operations, style of work, or apparatus, or to the identity, confidential statistical data, amount or source of any income, profits, losses, or expenditures of any person, firm, partnership, corporation, or association; or permits any income return or copy thereof or any book containing any abstract or particulars thereof to be seen or examined by any person except as provided by law; shall be fined under this title, or imprisoned not more than one year, or both; and shall be removed from office or employment.
Source: Supplied U.S. Code snapshot — release unconfirmed · 18 U.S.C. § 1905
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** Each agency shall make available to the public information as follows:
(1) Each agency shall separately state and currently publish in the Federal Register for the guidance of the public—
(A) descriptions of its central and field organization and the established places at which, the employees (and in the case of a uniformed service, the members) from whom, and the methods whereby, the public may obtain information, make submittals or requests, or obtain decisions;
(B) statements of the general course and method by which its functions are channeled and determined, including the nature and requirements of all formal and informal procedures available;
(C) rules of procedure, descriptions of forms available or the places at which forms may be obtained, and instructions as to the scope and contents of all papers, reports, or examinations;
(D) substantive rules of general applicability adopted as authorized by law, and statements of general policy or interpretations of general applicability formulated and adopted by the agency; and
(E) each amendment, revision, or repeal of the foregoing.
Except to the extent that a person has actual and timely notice of the terms thereof, a person may not in any manner be required to resort to, or be adversely affected by, a matter required to be published in the Federal Register and not so published. For the purpose of this paragraph, matter reasonably available to the class of persons affected thereby is deemed published in the Federal Register when incorporated by reference therein with the approval of the Director of the Federal Register.
(2) Each agency, in accordance with published rules, shall make available for public inspection in an electronic format—
(A) final opinions, including concurring and dissen
Source: Supplied U.S. Code snapshot — release unconfirmed · 5 U.S.C. § 552
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Federal law — U.S. Code and appendices · legal_authorities
For the purposes of this chapter—
**(a)**
(1) The term “State”, except as used in the last sentence of [section 372(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title21-section372/a&num=0&edition=prelim), means any State or Territory of the United States, the District of Columbia, and the Commonwealth of Puerto Rico.
(2) The term “Territory” means any Territory or possession of the United States, including the District of Columbia, and excluding the Commonwealth of Puerto Rico and the Canal Zone.
**(b)** The term “interstate commerce” means (1) commerce between any State or Territory and any place outside thereof, and (2) commerce within the District of Columbia or within any other Territory not organized with a legislative body.
**(c)** The term “Department” means Department of Health and Human Services.
**(d)** The term “Secretary” means the Secretary of Health and Human Services.
**(e)** The term “person” includes individual, partnership, corporation, and association.
**(f)** The term “food” means (1) articles used for food or drink for man or other animals, (2) chewing gum, and (3) articles used for components of any such article.
**(g)**
(1) The term “drug” means (A) articles recognized in the official United States Pharmacopoeia,11 So in original. Probably should be “Pharmacopeia,”. official Homoeopathic Pharmacopoeia of the United States, or official National Formulary, or any supplement to any of them; and (B) articles intended for use in the diagnosis, cure, mitigation, treatment, or prevention of disease in man or other animals; and (C) articles (other than food) intended to affect the structure or any function of the body of man or other animals; and (D) articles intended for use as a component of any article specif
Source: Supplied U.S. Code snapshot — release unconfirmed · 21 U.S.C. § 321
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Federal law — U.S. Code and appendices · legal_authorities
This chapter may be cited as the Federal Food, Drug, and Cosmetic Act.
Source: Supplied U.S. Code snapshot — release unconfirmed · 21 U.S.C. § 301
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Federal law — U.S. Code and appendices · legal_authorities
A food shall be deemed to be misbranded—
**(a) False or misleading label** If (1) its labeling is false or misleading in any particular, or (2) in the case of a food to which [section 350 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title21-section350&num=0&edition=prelim) applies, its advertising is false or misleading in a material respect or its labeling is in violation of [section 350(b)(2) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title21-section350/b/2&num=0&edition=prelim).
**(b) Offer for sale under another name** If it is offered for sale under the name of another food.
**(c) Imitation of another food** If it is an imitation of another food, unless its label bears, in type of uniform size and prominence, the word “imitation” and, immediately thereafter, the name of the food imitated.
**(d) Misleading container** If its container is so made, formed, or filled as to be misleading.
**(e) Package form** If in package form unless it bears a label containing (1) the name and place of business of the manufacturer, packer, or distributor; and (2) an accurate statement of the quantity of the contents in terms of weight, measure, or numerical count, except that under clause (2) of this paragraph reasonable variations shall be permitted, and exemptions as to small packages shall be established, by regulations prescribed by the Secretary.
**(f) Prominence of information on label** If any word, statement, or other information required by or under authority of this chapter to appear on the label or labeling is not prominently placed thereon with such conspicuousness (as compared with other words, statements, designs, or devices, in the labeling) and in such terms as to render it likely to be read and unde
Source: Supplied U.S. Code snapshot — release unconfirmed · 21 U.S.C. § 343
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** Except as provided in subsection (b), no State or political subdivision of a State may directly or indirectly establish under any authority or continue in effect as to any food in interstate commerce—
(1) any requirement for a food which is the subject of a standard of identity established under [section 341 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title21-section341&num=0&edition=prelim) that is not identical to such standard of identity or that is not identical to the requirement of [section 343(g) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title21-section343/g&num=0&edition=prelim), except that this paragraph does not apply to a standard of identity of a State or political subdivision of a State for maple syrup that is of the type required by sections 341 and 343(g) of this title,
(2) any requirement for the labeling of food of the type required by section 343(c), 343(e), 343(i)(2), 343(w), or 343(x) of this title that is not identical to the requirement of such section, except that this paragraph does not apply to a requirement of a State or political subdivision of a State that is of the type required by [section 343(c) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title21-section343/c&num=0&edition=prelim) and that is applicable to maple syrup,
(3) any requirement for the labeling of food of the type required by section 343(b), 343(d), 343(f), 343(h), 343(i)(1), or 343(k) of this title that is not identical to the requirement of such section, except that this paragraph does not apply to a requirement of a State or political subdivision of a State that is of the type required by [section 343(h)(1) of this title](https://uscode.house.gov/view.xhtml?req=granul
Source: Supplied U.S. Code snapshot — release unconfirmed · 21 U.S.C. § 343–1
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Authority to promulgate regulations** The authority to promulgate regulations for the efficient enforcement of this chapter, except as otherwise provided in this section, is vested in the Secretary.
**(b) Regulations for imports and exports** The Secretary of the Treasury and the Secretary of Health and Human Services shall jointly prescribe regulations for the efficient enforcement of the provisions of [section 381 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title21-section381&num=0&edition=prelim), except as otherwise provided therein. Such regulations shall be promulgated in such manner and take effect at such time, after due notice, as the Secretary of Health and Human Services shall determine.
**(c) Conduct of hearings** Hearings authorized or required by this chapter shall be conducted by the Secretary or such officer or employee as he may designate for the purpose.
**(d) Effectiveness of definitions and standards of identity** The definitions and standards of identity promulgated in accordance with the provisions of this chapter shall be effective for the purposes of the enforcement of this chapter, notwithstanding such definitions and standards as may be contained in other laws of the United States and regulations promulgated thereunder.
**(e) Procedure for establishment**
(1) Any action for the issuance, amendment, or repeal of any regulation under section 343(j), 344(a), 346, 351(b), or 352(d) or (h) of this title, and any action for the amendment or repeal of any definition and standard of identity under [section 341 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title21-section341&num=0&edition=prelim) for any dairy product (including products regulated under parts 131, 133 and 135 of ti
Source: Supplied U.S. Code snapshot — release unconfirmed · 21 U.S.C. § 371
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Establishment** There is established a Department of Homeland Security, as an executive department of the United States within the meaning of title 5.
**(b) Mission**
(1) **In general** — The primary mission of the Department is to—
(A) prevent terrorist attacks within the United States;
(B) reduce the vulnerability of the United States to terrorism;
(C) minimize the damage, and assist in the recovery, from terrorist attacks that do occur within the United States;
(D) carry out all functions of entities transferred to the Department, including by acting as a focal point regarding natural and manmade crises and emergency planning;
(E) ensure that the functions of the agencies and subdivisions within the Department that are not related directly to securing the homeland are not diminished or neglected except by a specific explicit Act of Congress;
(F) ensure that the overall economic security of the United States is not diminished by efforts, activities, and programs aimed at securing the homeland;
(G) ensure that the civil rights and civil liberties of persons are not diminished by efforts, activities, and programs aimed at securing the homeland; and
(H) monitor connections between illegal drug trafficking and terrorism, coordinate efforts to sever such connections, and otherwise contribute to efforts to interdict illegal drug trafficking.
(2) **Responsibility for investigating and prosecuting terrorism** — Except as specifically provided by law with respect to entities transferred to the Department under this chapter, primary responsibility for investigating and prosecuting acts of terrorism shall be vested not in the Department, but rather in Federal, State, and local law enforcement agencies with jurisdiction over the acts in question.
Source: Supplied U.S. Code snapshot — release unconfirmed · 6 U.S.C. § 122
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Federal law — U.S. Code and appendices · legal_authorities
Page 77
TITLE 21—FOOD AND DRUGS
§ 341
(C) if the Secretary is diligently prosecuting
a proceeding in court pertaining to such food,
has settled such proceeding, or has settled the
informal or formal enforcement action per-
taining to such food.
In any court proceeding described in subpara-
graph (C), a State may intervene as a matter of
right.
(June 25, 1938, ch. 675, § 310, formerly § 307, 52
Stat. 1046; Sept. 3, 1954, ch. 1263, § 37, 68 Stat.
1239; Pub. L. 101–535, § 4, Nov. 8, 1990, 104 Stat.
2362; renumbered § 310, Pub. L. 102–282, § 2, May
13, 1992, 106 Stat. 150.)
Editorial Notes
AMENDMENTS
1990—Pub. L. 101–535 substituted ‘‘(a) Except as pro-
vided in subsection (b), all’’ for ‘‘All’’ and ‘‘any pro-
ceeding under this section’’ for ‘‘any such proceeding’’
and added subsec. (b).
1954—Act Sept. 3, 1954, struck out reference to section
654 of title 28.
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE OF 1990 AMENDMENT
Amendment by Pub. L. 101–535 effective 24 months
after Nov. 8, 1990, except that such amendment effec-
tive Dec. 31, 1993, with respect to dietary supplements
of vitamins, minerals, herbs, or other similar nutri-
tional substances, see section 10(a)(1)(C) of Pub. L.
101–535, set out as a note under section 343 of this title.
CONSTRUCTION OF AMENDMENTS BY PUB. L. 101–535
Amendments by Pub. L. 101–535 not to be construed to
alter authority of Secretary of Health and Human
Services and Secretary of Agriculture under the Fed-
eral Food, Drug, and Cosmetic Act (21 U.S.C. 301 et
seq.), the Federal Meat Inspection Act (21 U.S.C. 601 et
seq.), the Poultry Products Inspection Act (21 U.S.C. 451
et seq.), and the Egg Products Inspection Act (21 U.S.C.
1031 et seq.), see section 9 of Pub. L. 101–535, set out as
a note under secti
Source: Supplied 2024 U.S. Code historical extraction · 21 U.S.C. § 341
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