21 U.S.C. § 62 — Manufacture, shipment, or delivery for ship-

Page 5 TITLE 21—FOOD AND DRUGS §§ 71 to 92 sulting 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 in- clude 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 chil- dren and customarily used on the order of a phy- sician; (2) is packed in individual cans con- taining 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 exclu- sively to physicians, wholesale and retail drug- gists, orphan asylums, child-welfare associa- tions, hospitals, and similar institutions and generally disposed of by them. (Mar. 4, 1923, ch. 262, § 1, 42 Stat. 1486.) Statutory Notes and Related Subsidiaries SHORT TITLE Act July 12, 1943, ch. 221, title II, 57 Stat. 499, pro- vided in part that act Mar. 4, 1923, which enacted this chapter, may be cited as the ‘‘Filled Milk Act’’. § 62. Manufacture, shipment, or delivery for ship- ment in interstate or foreign commerce pro- hibited It is declared that filled milk, as defined in section 61 of this title, 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 with- in 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. (Mar. 4, 1923, ch. 262, § 2, 42 Stat. 1487.) § 63. Penalties; acts of agents deemed acts of principals Any person violating any provision of this chapter shall upon conviction thereof be subject to a fine of not more than $1,000 or imprison- ment of not more than one year, or both. When construing and enforcing the provisions of this chapter, the act, omission, or failure of any per- son acting for or employed by any individual, partnership, corporation, or association, within the scope of his employment or office, shall in every case be deemed the act, omission, or fail- ure, of such individual, partnership, corporation, or association, as well as of such person. (Mar. 4, 1923, ch. 262, § 3, 42 Stat. 1487.) Editorial Notes CODIFICATION The original text of this section contained a further provision that no penalty should be enforced for any violation occurring within 30 days after act Mar. 4, 1923 became law and was omitted as temporary and obso- lete. § 64. Regulations for enforcement The Secretary of Health and Human Services is authorized and directed to make and enforce such regulations as may in his judgment be nec- essary to carry out the purposes of this chapter. (Mar. 4, 1923, ch. 262, § 4, as added Aug. 27, 1935, ch. 743, 49 Stat. 885; 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. 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. CHAPTER 4—ANIMALS, MEATS, AND MEAT AND DAIRY PRODUCTS SUBCHAPTER I—EXAMINATION OF ANIMALS, MEATS, AND MEAT AND DAIRY PRODUCTS Sec. 71 to 99. Transferred, Repealed, or Omitted. SUBCHAPTER II—IMPORTATION OF CATTLE AND QUARANTINE 101. Suspension of importation of all animals. 102 to 107. Repealed or Omitted. SUBCHAPTER III—PREVENTION OF INTRODUCTION AND SPREAD OF CONTAGION 111 to 113. Repealed or Omitted. 113a. Establishment of research laboratories for foot-and-mouth disease and other animal diseases; research contracts; employment of technicians and scientists; appropriations. 114 to 114h. Repealed. 114i. Pseudorabies eradication. 115 to 135b. Repealed, Omitted, or Transferred. 136. Additional inspection services. 136a. Collection of fees for inspection services. SUBCHAPTER IV—IMPORTATION OF MILK AND CREAM 141. Prohibition of importation without permit. 142. Milk or cream when unfit for importation. 143. Inspection; certified statement in lieu there- of; waiver of requirements of section 142; regulations; suspension and revocation of permits. 144. Unlawful receiving of imported milk or cream. 145. Penalties. 146. Authorization of appropriations. 147. Repeal of inconsistent laws. 148. Powers of State with respect to milk or cream lawfully imported. 149. Definitions. SUBCHAPTER I—EXAMINATION OF ANI- MALS, MEATS, AND MEAT AND DAIRY PRODUCTS §§ 71 to 92. Transferred Editorial Notes CODIFICATION Section 71, act Mar. 4, 1907, ch. 2907, 34 Stat. 1260, which related to inspection of meat and meat food