21 U.S.C. § 141 — Prohibition of importation without permit

Page 14 TITLE 21—FOOD AND DRUGS § 141 SUBCHAPTER IV—IMPORTATION OF MILK AND CREAM Statutory Notes and Related Subsidiaries FEDERAL FOOD, DRUG, AND COSMETIC ACT Nothing contained in chapter 9 (§ 301 et seq.) of this title shall be construed as in any way affecting, modi- fying, repealing, or superseding the provisions of this subchapter, see section 392(b) of this title. § 141. Prohibition of importation without permit On and after May 16, 1927, the importation into the United States of milk and cream is prohib- ited unless the person by whom such milk or cream is shipped or transported into the United States holds a valid permit from the Secretary of Health and Human Services. (Feb. 15, 1927, ch. 155, § 1, 44 Stat. 1101; 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; Pub. L. 96–88, title V, § 509(b), Oct. 17, 1979, 93 Stat. 695.) Statutory Notes and Related Subsidiaries CHANGE OF NAME ‘‘Secretary of Health and Human Services’’ sub- stituted in text for ‘‘Secretary of Health, Education, and Welfare’’ pursuant to section 509(b) of Pub. L. 96–88, which is classified to section 3508(b) of Title 20, Edu- cation. SHORT TITLE Act July 12, 1943, ch. 221, title II, 57 Stat. 499, pro- vided in part that act Feb. 15, 1927, which is classified to this subchapter, may be cited as ‘‘Import Milk Act’’. Executive Documents TRANSFER OF FUNCTIONS For transfer of functions of Federal Security Admin- istrator to Secretary of Health, Education, and Welfare [now Health and Human Services], and of Food and Drug Administration to Federal Security Agency, see notes set out under section 321 of this title. § 142. Milk or cream when unfit for importation Milk or cream shall be considered unfit for im- portation (1) when all cows producing such milk or cream are not healthy and a physical exam- ination of all such cows has not been made with- in one year previous to such milk being offered for importation; (2) when such milk or cream, if raw, is not produced from cows which have passed a tuberculin test applied by a duly au- thorized official veterinarian of the United States, or of the country in which such milk or cream is produced, within one year previous to the time of the importation, showing that such cows are free from tuberculosis; (3) when the sanitary conditions of the dairy farm or plant in which such milk or cream is produced or han- dled do not score at least fifty points out of one hundred points according to the methods for scoring as provided by the score cards used by the Bureau of Dairy Industry of the United States Department of Agriculture at the time such dairy farms or plants are scored; (4) in the case of raw milk if the number of bacteria per cubic centimeter exceeds three hundred thou- sand and in the case of raw cream seven hundred and fifty thousand, in the case of pasteurized milk if the number of bacteria per cubic centi- meter exceeds one hundred thousand, and in the case of pasteurized cream five hundred thou- sand; (5) when the temperature of milk or cream at the time of importation exceeds fifty degrees Fahrenheit. (Feb. 15, 1927, ch. 155, § 2, 44 Stat. 1101.) Statutory Notes and Related Subsidiaries TRANSFER OF FUNCTIONS Agricultural Research Service became the successor to functions of Bureau of Dairy Industry under Sec- retary of Agriculture’s Memorandum 1320, Supplement 4, Nov. 2, 1953. § 143. Inspection; certified statement in lieu thereof; waiver of requirements of section 142; regulations; suspension and revocation of permits The Secretary of Health and Human Services shall cause such inspections to be made as are necessary to insure that milk and cream are so produced and handled as to comply with the pro- visions of section 142 of this title, and in all cases when he finds that such milk and/or cream is produced and handled so as not to be unfit for importation under clauses 1, 2, and 3 of section 142 of this title, he shall issue to persons making application therefor permits to ship milk and/or cream into the United States: Provided, That in lieu of the inspections to be made by or under the direction of the Secretary he may, in his dis- cretion, accept a duly certified statement signed by a duly accredited official of an authorized de- partment of any foreign government and/or of any State of the United States or any munici- pality thereof that the provisions in clauses 1, 2, and 3 of section 142 of this title have been com- plied with. Such certificate of the accredited of- ficial of an authorized department of any foreign government shall be in the form prescribed by the Secretary, who is authorized and directed to prescribe such form as well as rules and regula- tions regulating the issuance of permits to im- port milk or cream into the United States. The Secretary is authorized, in his discretion, to waive the requirement of clause 4 of section 142 of this title when issuing permits to opera- tors of condenseries in which milk and/or cream is used when sterilization of the milk and/or cream is a necessary process: Provided, however, That no milk and/or cream shall be imported whose bacterial count per cubic centimeter in any event exceeds one million two hundred thousand: Provided, further, That such require- ments shall not be waived unless the farm pro- ducing such milk to be imported is within a ra- dius of fifteen miles of the condensery in which it is to be processed: Provided further, That if milk and/or cream imported when the require- ments of clause 4 of section 142 of this title, have been so waived, is sold, used, or disposed of in its raw state or otherwise than as condensed milk by any person, the permit shall be revoked and the importer shall be subject to fine, impris- onment, or other penalty prescribed by this sub- chapter. The Secretary is directed to waive the require- ments of clauses 2 and 5 of section 142 of this