21 U.S.C. § 347 — Intrastate sales of colored oleomargarine

Page 117 TITLE 21—FOOD AND DRUGS § 347 thereunder, see section 4 of Pub. L. 92–516, set out as an Effective Date note under section 136 of Title 7. EXTENSION OF PROHIBITION OF TOLERANCE FEES Pub. L. 115–141, div. M, title IV, § 401(c), Mar. 23, 2018, 132 Stat. 1050, provided that: ‘‘Section 408(m)(3) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 346a(m)(3)) shall be applied by substituting ‘September 30, 2018’ for ‘September 30, 2017’.’’ REGULATION OF SULFURYL FLUORIDE Pub. L. 113–79, title X, § 10015, Feb. 7, 2014, 128 Stat. 952, provided that: ‘‘Notwithstanding any other provi- sion of law, the Administrator of the Environmental Protection Agency shall exclude nonpesticideal sources of fluoride from any aggregate exposure assessment re- quired under section 408 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 346a) when assessing tolerances associated with residues from the pesticide.’’ TOLERANCE FEES Pub. L. 108–199, div. G, title V, § 501(d)(2), Jan. 23, 2004, 118 Stat. 422, provided that: ‘‘Notwithstanding section 408(m)(1) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 346a(m)(1)), during the period beginning on October 1, 2003, and ending on September 30, 2008, the Administrator of the Environmental Protection Agen- cy shall not collect any tolerance fees under that sec- tion.’’ DATA COLLECTION ACTIVITIES TO ASSURE HEALTH OF INFANTS AND CHILDREN Pub. L. 104–170, title III, § 301, Aug. 3, 1996, 110 Stat. 1511, provided that: ‘‘(a) IN GENERAL.—The Secretary of Agriculture, in consultation with the Administrator of the Environ- mental Protection Agency and the Secretary of Health and Human Services, shall coordinate the development and implementation of survey procedures to ensure that adequate data on food consumption patterns of in- fants and children are collected. ‘‘(b) PROCEDURES.—To the extent practicable, the pro- cedures referred to in subsection (a) shall include the collection of data on food consumption patterns of a statistically valid sample of infants and children. ‘‘(c) RESIDUE DATA COLLECTION.—The Secretary of Agriculture shall ensure that the residue data collec- tion activities conducted by the Department of Agri- culture in cooperation with the Environmental Protec- tion Agency and the Department of Health and Human Services, provide for the improved data collection of pesticide residues, including guidelines for the use of comparable analytical and standardized reporting methods, and the increased sampling of foods most likely consumed by infants and children.’’ § 346b. Authorization of appropriations There are authorized to be appropriated, out of any moneys in the Treasury not otherwise ap- propriated, such sums as may be necessary for the purpose and administration of sections 321(q), (r), 342(a)(2), and 346a of this title. (July 22, 1954, ch. 559, § 4, 68 Stat. 517.) Editorial Notes CODIFICATION Section was not enacted as part of the Federal Food, Drug, and Cosmetic Act which comprises this chapter. § 347. Intrastate sales of colored oleomargarine (a) Law governing Colored oleomargarine or colored margarine which is sold in the same State or Territory in which it is produced shall be subject in the same manner and to the same extent to the provisions of this chapter as if it had been introduced in interstate commerce. (b) Labeling and packaging requirements No person shall sell, or offer for sale, colored oleomargarine or colored margarine unless— (1) such oleomargarine or margarine is pack- aged, (2) the net weight of the contents of any package sold in a retail establishment is one pound or less, (3) there appears on the label of the package (A) the word ‘‘oleomargarine’’ or ‘‘margarine’’ in type or lettering at least as large as any other type or lettering on such label, and (B) a full and accurate statement of all the ingre- dients contained in such oleomargarine or margarine, and (4) each part of the contents of the package is contained in a wrapper which bears the word ‘‘oleomargarine’’ or ‘‘margarine’’ in type or lettering not smaller than 20-point type. The requirements of this subsection shall be in addition to and not in lieu of any of the other requirements of this chapter. (c) Sales in public eating places No person shall possess in a form ready for serving colored oleomargarine or colored mar- garine at a public eating place unless a notice that oleomargarine or margarine is served is displayed prominently and conspicuously in such place and in such manner as to render it likely to be read and understood by the ordinary individual being served in such eating place or is printed or is otherwise set forth on the menu in type or lettering not smaller than that normally used to designate the serving of other food items. No person shall serve colored oleo- margarine or colored margarine at a public eat- ing place, whether or not any charge is made therefor, unless (1) each separate serving bears or is accompanied by labeling identifying it as oleomargarine or margarine, or (2) each separate serving thereof is triangular in shape. (d) Exemption from labeling requirements Colored oleomargarine or colored margarine when served with meals at a public eating place shall at the time of such service be exempt from the labeling requirements of section 343 of this title (except paragraphs (a) and (f)) if it com- plies with the requirements of subsection (b) of this section. (e) Color content of oleomargarine For the purpose of this section colored oleo- margarine or colored margarine is oleo- margarine or margarine having a tint or shade containing more than one and six-tenths degrees of yellow, or of yellow and red collectively, but with an excess of yellow over red, measured in terms of Lovibond tintometer scale or its equiv- alent. (June 25, 1938, ch. 675, § 407, as added Mar. 16, 1950, ch. 61, § 3(c), 64 Stat. 20.) Statutory Notes and Related Subsidiaries EFFECTIVE DATE Act Mar. 16, 1950, ch. 61, § 7, 64 Stat. 22, provided that: ‘‘This Act [enacting this section and sections 347a and 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-