21 U.S.C. § 61 — Definitions

Page 4 TITLE 21—FOOD AND DRUGS § 26 the laws of such State or Territory or the Dis- trict of Columbia, enacted in the exercise of its police powers to the same extent and in the same manner as though such articles or sub- stances had been produced in such State or Ter- ritory or the District of Columbia, and shall not be exempt therefrom by reason of being intro- duced therein in original packages or otherwise. (May 9, 1902, ch. 784, § 1, 32 Stat. 193.) § 26. Omitted Editorial Notes CODIFICATION Section, which was from the appropriation acts of Jan. 18, 1927, ch. 39, 44 Stat. 984; May 16, 1928, ch. 572, 45 Stat. 548; Feb. 16, 1929, ch. 227, 45 Stat. 1198; May 27, 1930, ch. 341, 46 Stat. 424, and subsequent Department of Agriculture Appropriation Acts to and including act June 28, 1944, ch. 296, § 4, 58 Stat. 461, and related to in- spection of food and other products, is covered by sec- tion 2256 of Title 7, Agriculture. CHAPTER 2—TEAS §§ 41 to 50. Repealed. Pub. L. 104–128, § 2, Apr. 9, 1996, 110 Stat. 1198 Section 41, acts Mar. 2, 1897, ch. 358, § 1, 29 Stat. 604; May 16, 1908, ch. 170, 35 Stat. 163; May 31, 1920, ch. 217, 41 Stat. 712; 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; May 24, 1962, Pub. L. 87–456, title III, § 303(a), 76 Stat. 77; Aug. 23, 1988, Pub. L. 100–418, title I, § 1214(l), 102 Stat. 1158, prohibited unlawful importation of substandard tea. Section 42, acts Mar. 2, 1897, ch. 358, § 2, 29 Stat. 605; May 31, 1920, ch. 217, 41 Stat. 712; 1940 Reorg. Plan No. IV, § 12, eff. June 30, 1940, 5 F.R. 2421, 54 Stat. 1237; July 12, 1943, ch. 221, title II, 57 Stat. 500; 1953 Reorg. Plan No. 1, § 5, eff. Apr. 11, 1953, 18 F.R. 2053, 67 Stat. 631; Oct. 17, 1979, Pub. L. 96–88, title V, § 509(b), 93 Stat. 695, re- lated to establishment and composition of board of ex- perts in teas. Section 43, acts Mar. 2, 1897, ch. 358, § 3, 29 Stat. 605; May 31, 1920, ch. 217, 41 Stat. 712; 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; Oct. 17, 1979, Pub. L. 96–88, title V, § 509(b), 93 Stat. 695, authorized establishment of purity standards. Section 44, acts Mar. 2, 1897, ch. 358, § 4, 29 Stat. 605; May 31, 1920, ch. 217, 41 Stat. 712; 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; Oct. 17, 1979, Pub. L. 96–88, title V, § 509(b), 93 Stat. 695, related to bonds of importers, examination of imported teas, and importation at ports without exam- iners. Section 45, act Mar. 2, 1897, ch. 358, § 5, 29 Stat. 605, re- lated to delivery permits and reexamination and reten- tion of substandard teas. Section 46, acts Mar. 2, 1897, ch. 358, § 7, 29 Stat. 606; May 31, 1920, ch. 217, 41 Stat. 712, 713, related to exam- iners and examination according to usages of trade. Section 46a, acts Mar. 2, 1897, ch. 358, § 13, formerly act July 1, 1941, ch. 269, title II, 55 Stat. 478; renum- bered § 13 of act Mar. 2, 1897, and amended Aug. 10, 1993, Pub. L. 103–66, title IV, § 4401, 107 Stat. 378, related to deposit of fee prior to examination. Section 47, acts Mar. 2, 1897, ch. 358, § 6, 29 Stat. 606; May 31, 1920, ch. 217, 41 Stat. 712, 713; 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; Oct. 17, 1979, Pub. L. 96–88, title V, § 509(b), 93 Stat. 695, required referral of disputes to United States Board of Tea Appeals and authorized board to permit delivery or order destruction or exportation of substandard teas. Section 48, acts Mar. 2, 1897, ch. 358, § 8, 29 Stat. 606; May 31, 1920, ch. 217, 41 Stat. 712, related to reexamina- tions, including findings by examiner and assistance of experts. Section 49, acts Mar. 2, 1897, ch. 358, § 9, 29 Stat. 606; May 31, 1920, ch. 217, 41 Stat. 712, related to reimporting rejected teas and forfeitures for violation of provisions. Section 50, acts Mar. 2, 1897, ch. 358, § 10, 29 Stat. 607; May 31, 1920, ch. 217, 41 Stat. 712; 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; Oct. 17, 1979, Pub. L. 96–88, title V, § 509(b), 93 Stat. 695, authorized issuance of regulations. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF REPEAL Pub. L. 104–128, § 3, Apr. 9, 1996, 110 Stat. 1198, provided that: ‘‘This Act [repealing this chapter] shall take ef- fect on the date of enactment of this Act [Apr. 9, 1996].’’ SHORT TITLE OF REPEAL Pub. L. 104–128, § 1, Apr. 9, 1996, 110 Stat. 1198, provided that: ‘‘This Act [repealing this chapter] may be cited as the ‘Federal Tea Tasters Repeal Act of 1996’.’’ SHORT TITLE Act July 12, 1943, ch. 221, title II, 57 Stat. 499, pro- vided in part that act Mar. 2, 1897, which was classified generally to this chapter, could be cited as the Tea Im- portation Act. CHAPTER 3—FILLED MILK Sec. 61. Definitions. 62. Manufacture, shipment, or delivery for ship- ment in interstate or foreign commerce prohibited. 63. Penalties; acts of agents deemed acts of prin- cipals. 64. Regulations for enforcement. 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 sec- tions 61 to 64 of this title, see section 392(b) of this title. BUREAU OF DAIRY INDUSTRY General provisions, see sections 401 to 404 of Title 7, Agriculture. § 61. Definitions Whenever used in this chapter— (a) The term ‘‘person’’ includes an individual, partnership, corporation, or association; (b) The term ‘‘interstate or foreign commerce’’ means commerce (1) between any State, Terri- tory, or possession, or the District of Columbia, and any place outside thereof; (2) between points within the same State, Territory, or possession, or within the District of Columbia, but through any place outside thereof; or (3) within any Ter- ritory or possession, or within the District of Columbia; and (c) The term ‘‘filled milk’’ means any milk, cream, or skimmed milk, whether or not con- densed, evaporated, concentrated, powdered, dried, or desiccated, to which has been added, or which has been blended or compounded with, any fat or oil other than milk fat, so that the re- 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