21 U.S.C. § 321a — ‘‘Butter’’ defined

Page 46 TITLE 21—FOOD AND DRUGS § 321a ‘‘(a) Nothing in this Act [enacting section 360a of this title, amending sections 321, 331, 333, 334, 360, and 372 of this title and section 1114 of Title 18, Crimes and Crimi- nal Procedure, and enacting provisions set out as notes under sections 321, 352, and 360a of this title] shall be construed as authorizing the manufacture, compounding, processing, possession, sale, delivery, or other disposal of any drug in any State in contraven- tion of the laws of such State. ‘‘(b) No provision of this Act nor any amendment made by it shall be construed as indicating an intent on the part of the Congress to occupy the field in which such provision or amendment operates to the exclusion of any State law on the same subject matter, unless there is a direct and positive conflict between such pro- vision or amendment and such State law so that the two cannot be reconciled or consistently stand to- gether. ‘‘(c) No amendment made by this Act shall be con- strued to prevent the enforcement in the courts of any State of any statute of such State prescribing any criminal penalty for any act made criminal by any such amendment.’’ EFFECT OF DRUG AMENDMENTS OF 1962 ON STATE LAWS Pub. L. 87–781, title II, § 202, Oct. 10, 1962, 76 Stat. 793, provided that: ‘‘Nothing in the amendments made by this Act [enacting sections 358 to 360, amending sec- tions 321, 331, 332, 348, 351 to 353, 355, 357, 372, 374, 379e, and 381 of this title, and enacting provisions set out as notes under sections 321, 331, 332, 352, 355, 360, and 374 of this title] to the Federal Food, Drug, and Cosmetic Act [this chapter] shall be construed as invalidating any provision of State law which would be valid in the ab- sence of such amendments unless there is a direct and positive conflict between such amendments and such provision of State law.’’ DEFINITIONS Pub. L. 105–115, § 2, Nov. 21, 1997, 111 Stat. 2297, pro- vided that: ‘‘In this Act [see Short Title of 1997 Amend- ment note set out under section 301 of this title], the terms ‘drug’, ‘device’, ‘food’, and ‘dietary supplement’ have the meaning given such terms in section 201 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 321).’’ Executive Documents TRANSFER OF FUNCTIONS Functions of Secretary of Health, Education, and Welfare [now Health and Human Services] under Drug Abuse Control Amendments of 1965 [see Short Title of 1965 Amendment note set out under section 301 of this title] transferred to Attorney General except function of regulating counterfeiting of those drugs which are not ‘‘depressant or stimulant’’ drugs, see section 2 of Reorg. Plan No. 1 of 1968, set out in the Appendix to Title 5, Government Organization and Employees. Functions of Federal Security Administrator trans- ferred to Secretary of Health, Education, and Welfare and all agencies of Federal Security Agency transferred to Department of Health, Education, and Welfare by section 5 of Reorg. Plan No. 1 of 1953, set out in the Ap- pendix to Title 5, Government Organization and Em- ployees. Federal Security Agency and office of Admin- istrator abolished by section 8 of Reorg. Plan No. 1 of 1953. Food and Drug Administration in Department of Ag- riculture and its functions, except those functions re- lating to administration of Insecticide Act of 1910 and Naval Stores Act, transferred to Federal Security Agency, to be administered under direction and super- vision of Federal Security Administrator, by Reorg. Plan No. IV of 1940, set out in the Appendix to Title 5. § 321a. ‘‘Butter’’ defined For the purposes of the Food and Drug Act of June 30, 1906 (Thirty-fourth Statutes at Large, page 768) ‘‘butter’’ shall be understood to mean the food product usually known as butter, and which is made exclusively from milk or cream, or both, with or without common salt, and with or without additional coloring matter, and con- taining not less than 80 per centum by weight of milk fat, all tolerances having been allowed for. (Mar. 4, 1923, ch. 268, 42 Stat. 1500.) Editorial Notes REFERENCES IN TEXT The Food and Drug Act of June 30, 1906, referred to in text, is act June 30, 1906, ch. 3915, 34 Stat. 768, which was classified to subchapter I (§ 1 et seq.) of chapter 1 of this title, was repealed (except for section 14a which was transferred to section 376 of this title) by act June 25, 1938, ch. 675, § 1002(a), formerly § 902(a), 52 Stat. 1059; renumbered § 1002(a), Pub. L. 111–31, div. A, title I, § 101(b)(2), June 22, 2009, 123 Stat. 1784, and is covered by this chapter. CODIFICATION Section, which was not enacted as part of the Federal Food, Drug, and Cosmetic Act which comprises this chapter, was formerly classified to section 6 of this title. Section 1002(a) of act June 25, 1938, set out as an Effective Date note under section 301 of this title, pro- vided that this section should remain in force and ef- fect and be applicable to the provisions of this chapter. § 321b. ‘‘Package’’ defined The word ‘‘package’’ where it occurs the sec- ond and last time in the act entitled ‘‘An act to amend section 8 of an act entitled, ‘An act for preventing the manufacture, sale, or transpor- tation of adulterated or misbranded or poi- sonous deleterious foods, drugs, medicines, and liquors, and for regulating traffic therein, and for other purposes,’ ’’ approved March 3, 1913, shall include and shall be construed to include wrapped meats inclosed in papers or other mate- rials as prepared by the manufacturers thereof for sale. (July 24, 1919, ch. 26, 41 Stat. 271.) Editorial Notes REFERENCES IN TEXT An act approved March 3, 1913, referred to in text, is act Mar. 3, 1913, ch. 117, 37 Stat. 732, which amended section 10 of this title. For complete classification of this Act to the Code, see Tables. ‘‘An act for preventing the manufacture, sale, or transportation of adulterated or misbranded or poi- sonous deleterious foods, drugs, medicines, and liquors, and for regulating traffic therein, and for other pur- poses’’, referred to in text, is act June 30, 1906, ch. 3915, 34 Stat. 768, which was classified to subchapter I (§ 1 et seq.) of chapter 1 of this title, was repealed (except for section 14a which was transferred to section 376 of this title) by act June 25, 1938, ch. 675, § 1002(a), formerly § 902(a), 52 Stat. 1059; renumbered § 1002(a), Pub. L. 111–31, div. A, title I, § 101(b)(2), June 22, 2009, 123 Stat. 1784, and is covered by this chapter. CODIFICATION Section, which was not enacted as part of the Federal Food, Drug, and Cosmetic Act which comprises this chapter, was formerly classified to the last sentence of paragraph third of section 10 of this title. Section 1002(a) of act June 25, 1938, set out as an Effective Date note under section 301 of this title, provided that this section should remain in force and effect and be appli- cable to the provisions of this chapter.