21 U.S.C. § 347b — Contravention of State laws

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. (Mar. 16, 1950, ch. 61, § 3(a), 64 Stat. 20.) Editorial Notes REFERENCES IN TEXT The Federal Food, Drug, and Cosmetic Act, referred to in text, is act June 25, 1938, ch. 675, 52 Stat. 1040, which is classified generally to this chapter. For com- plete classification of this Act to the Code, see section 301 of this title and Tables. CODIFICATION Section was not enacted as part of the Federal Food, Drug, and Cosmetic Act which comprises this chapter. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective July 1, 1950, see section 7 of act Mar. 16, 1950, set out as a note under section 347 of this title. § 347b. Contravention of State laws Nothing in this Act shall be construed as au- thorizing the possession, sale, or serving of col- ored oleomargarine or colored margarine in any State or Territory in contravention of the laws of such State or Territory. (Mar. 16, 1950, ch. 61, § 6, 64 Stat. 22.) Editorial Notes REFERENCES IN TEXT This Act, referred to in text, is act Mar. 16, 1950, ch. 61, 64 Stat. 20, which is classified to sections 331, 342, 347 to 347b of this title, and sections 45 and 55 of Title 15, Commerce and Trade. For complete classification of this Act to the Code, see Tables. CODIFICATION Section was not enacted as part of the Federal Food, Drug, and Cosmetic Act which comprises this chapter. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective July 1, 1950, see section 7 of act Mar. 16, 1950, set out as a note under section 347 of this title. § 348. Food additives (a) Unsafe food additives; exception for con- formity with exemption or regulation A food additive shall, with respect to any par- ticular use or intended use of such additives, be deemed to be unsafe for the purposes of the ap- plication of clause (2)(C) of section 342(a) of this title, unless— (1) it and its use or intended use conform to the terms of an exemption which is in effect pursuant to subsection (j) of this section; (2) there is in effect, and it and its use or in- tended use are in conformity with, a regula- tion issued under this section prescribing the conditions under which such additive may be safely used; or (3) in the case of a food additive as defined in this chapter that is a food contact sub- stance, there is— (A) in effect, and such substance and the use of such substance are in conformity with, a regulation issued under this section prescribing the conditions under which such additive may be safely used; or (B) a notification submitted under sub- section (h) that is effective. While such a regulation relating to a food addi- tive, or such a notification under subsection (h)(1) relating to a food additive that is a food contact substance, is in effect, and has not been revoked pursuant to subsection (i), a food shall not, by reason of bearing or containing such a food additive in accordance with the regulation or notification, be considered adulterated under section 342(a)(1) of this title. (b) Petition for regulation prescribing conditions of safe use; contents; description of produc- tion methods and controls; samples; notice of regulation (1) Any person may, with respect to any in- tended use of a food additive, file with the Sec- retary a petition proposing the issuance of a regulation prescribing the conditions under which such additive may be safely used. (2) Such petition shall, in addition to any ex- planatory or supporting data, contain— (A) the name and all pertinent information concerning such food additive, including, where available, its chemical identity and composition; (B) a statement of the conditions of the pro- posed use of such additive, including all direc- tions, recommendations, and suggestions pro- posed for the use of such additive, and includ- ing specimens of its proposed labeling; (C) all relevant data bearing on the physical or other technical effect such additive is in-