21 U.S.C. § 14a — Transferred

Page 2 TITLE 21—FOOD AND DRUGS § 6 Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF REPEAL 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, which re- pealed sections 1 to 5, 7 to 14, and 15 of this title, pro- vided that the repeal of those sections should take ef- fect upon the effective date of act June 25, 1938, which was to take effect twelve months after the date of its enactment. Act June 23, 1939, ch. 242, § 2(b), 53 Stat. 854, provided that: ‘‘The provisions of such act of June 30, 1906, as amended, to the extent that they impose, or au- thorize the imposition of, any requirement imposed by section 403(k) of the Federal Food, Drug, and Cosmetic Act [section 343(k) of this title], shall remain in force until January 1, 1940.’’ § 6. Transferred Editorial Notes CODIFICATION Section, act Mar. 4, 1923, ch. 268, 42 Stat. 1500, was transferred to section 321a of this title. §§ 7 to 14. Repealed. June 25, 1938, ch. 675, § 1002(a), formerly § 902(a), 52 Stat. 1059; re- numbered § 1002(a), Pub. L. 111–31, div. A, title I, § 101(b)(2), June 22, 2009, 123 Stat. 1784 Section 7, act June 30, 1906, ch. 3915, § 6, 34 Stat. 769, defined ‘‘drug’’ and ‘‘food’’. See section 321 of this title. Section 8, act June 30, 1906, ch. 3915, § 7, 34 Stat. 769, deemed drugs to be adulterated when sold having a dif- ference from recognized standards, except where there is an explanatory statement on or in container, and when sold below professed standard; confectioneries, when containing mineral substances, poisonous color or flavors, other deleterious ingredients, liquors or nar- cotics; food, when concerned with injurious mixtures, use of substitutes, abstraction of valuable constituents, concealment of damage or inferiority, deleterious in- gredients, preservatives in shipment conditionally ex- cepted, animal or vegetable substances unfit for food and products of animals diseased or having died other- wise than by slaughter. See sections 342 and 351 of this title. Section 9, act June 30, 1906, ch. 3915, § 8, 34 Stat. 771, defined ‘‘misbranded’’ and provided for its application to drugs and food. See sections 343 and 352 of this title. Section 10, acts June 30, 1906, ch. 3915, § 8, 34 Stat. 771; Aug. 23, 1912, ch. 352, 37 Stat. 416; Mar. 3, 1913, ch. 117, 37 Stat. 732; July 24, 1919, ch. 26, 41 Stat. 271; July 8, 1930, ch. 874, 46 Stat. 1019, deemed drugs to be mis- branded when there is an imitation or use of name of other article, when there is removal and substitution of contents of package or failure to state on label quan- tity or proportion of narcotics therein, and when there is a false statement of curative or therapeutic effect; and food, when there is an imitation or use of name of other article, when there is a false label or brand re- moval and substitution of contents of package, or fail- ure to state or label quantity or proportion of narcotics therein, when the packages are not marked with weight, with certain variations and exemptions per- mitted, when there are false or misleading statements on package or label as to ingredients or substances; and food, when mixtures or compounds under distinctive names, the articles are labeled, branded as compounds, imitations, or blends; construed the term ‘‘blend’’ and related to disclosure of trade formulas of proprietary foods, and canned food. See sections 321b, 341, 343 and 352 of this title. Section 11, acts June 30, 1906, ch. 3915, § 4, 34 Stat. 769; Jan. 18, 1927, ch. 39, 44 Stat. 1003, provided for examina- tion of specimens, notice of adulteration or mis- branding, hearing, certification of violations to United States district attorney and notice of judgment. Section 12, act June 30, 1906, ch. 3915, § 5, 34 Stat. 769, provided for prosecution by district attorneys for en- forcement of penalties. Section 13, act June 30, 1906, ch. 3915, § 9, 34 Stat. 771, provided for a seller’s guaranty as protection to dealer. See section 333 of this title. Section 14, act June 30, 1906, ch. 3915, § 10, 34 Stat. 771, provided for seizure of articles by libel for condemna- tion, at suit of and in name of United States, in United States district court where found, conforming to pro- ceedings in admiralty, with right to trial by jury, de- struction or sale of adulterated or misbranded articles, bond and payment of proceeds into Treasury of United States. See sections 332, 334 and 337 of this title. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF REPEAL For effective date of repeal, see section 1002(a) of act June 25, 1938, set out as a note under sections 1 to 5 of this title. § 14a. Transferred Editorial Notes CODIFICATION Section, act June 30, 1906, ch. 3915, § 10A, as added June 22, 1934, ch. 712, 48 Stat. 1204, and amended, which related to examination of sea food on request of packer, marking of food with results, fees, and penalties, was successively renumbered section 702A and then 706 of the Federal Food, Drug, and Cosmetic Act by act July 12, 1943, ch. 221, title II, § 201, 57 Stat. 500, and by Pub. L. 102–571, title I, § 106(3), Oct. 29, 1992, 106 Stat. 4498, and was successively classified to section 372a and then 376 of this title. § 15. Repealed. 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 Section, act June 30, 1906, ch. 3915, § 11, 34 Stat. 772, provided for examination of samples of imports, refusal of admission and delivery to consignee, delivery to con- signee pending examination and decision on bond and charges for storage and lien therefor. See section 381 of this title. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF REPEAL For effective date of repeal, see section 1002(a) of act June 25, 1938, set out as a note under sections 1 to 5 of this title. SUBCHAPTER II—MISCELLANEOUS PROVISIONS § 16. Introduction into, or sale in, State or Terri- tory or District of Columbia of dairy or food products falsely labeled or branded No person or persons, company or corporation, shall introduce into any State or Territory of the United States or the District of Columbia from any other State or Territory of the United States or the District of Columbia, or sell in the District of Columbia or in any Territory any dairy or food products which shall be falsely la- beled or branded as to the State or Territory in which they are made, produced, or grown, or cause or procure the same to be done by others. (July 1, 1902, ch. 1357, § 1, 32 Stat. 632.)