21 U.S.C. § 343a — Repealed. Pub. L. 106–554, § 1(a)(1) [title V,

Page 102 TITLE 21—FOOD AND DRUGS § 343–2 DELAYED APPLICABILITY OF CERTAIN PROVISIONS Pub. L. 102–408, title III, § 310, Oct. 13, 1992, 106 Stat. 2090, provided that: ‘‘Notwithstanding any other provi- sion of law, section 403A(a)(1) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 343–1(a)(1)) shall not apply with respect to any requirement of any State or political subdivision regarding maple syrup until Sep- tember 1, 1994.’’ § 343–2. Dietary supplement labeling exemptions (a) In general A publication, including an article, a chapter in a book, or an official abstract of a peer-re- viewed scientific publication that appears in an article and was prepared by the author or the editors of the publication, which is reprinted in its entirety, shall not be defined as labeling when used in connection with the sale of a die- tary supplement to consumers when it— (1) is not false or misleading; (2) does not promote a particular manufac- turer or brand of a dietary supplement; (3) is displayed or presented, or is displayed or presented with other such items on the same subject matter, so as to present a bal- anced view of the available scientific informa- tion on a dietary supplement; (4) if displayed in an establishment, is phys- ically separate from the dietary supplements; and (5) does not have appended to it any infor- mation by sticker or any other method. (b) Application Subsection (a) shall not apply to or restrict a retailer or wholesaler of dietary supplements in any way whatsoever in the sale of books or other publications as a part of the business of such retailer or wholesaler. (c) Burden of proof In any proceeding brought under subsection (a), the burden of proof shall be on the United States to establish that an article or other such matter is false or misleading. (June 25, 1938, ch. 675, § 403B, as added Pub. L. 103–417, § 5, Oct. 25, 1994, 108 Stat. 4328.) § 343–3. Disclosure (a) No provision of section 321(n), 343(a), or 348 of this title shall be construed to require on the label or labeling of a food a separate radiation disclosure statement that is more prominent than the declaration of ingredients required by section 343(i)(2) of this title. (b) In this section, the term ‘‘radiation disclo- sure statement’’ means a written statement that discloses that a food has been intentionally subject to radiation. (June 25, 1938, ch. 675, § 403C, as added Pub. L. 105–115, title III, § 306, Nov. 21, 1997, 111 Stat. 2353.) Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective 90 days after Nov. 21, 1997, except as otherwise provided, see section 501 of Pub. L. 105–115, set out as an Effective Date of 1997 Amendment note under section 321 of this title. § 343a. Repealed. Pub. L. 106–554, § 1(a)(1) [title V, § 517], Dec. 21, 2000, 114 Stat. 2763, 2763A–73 Section, Pub. L. 95–203, § 4(c), (d), Nov. 23, 1977, 91 Stat. 1453, 1454, related to distribution of information on health risks of saccharin. § 344. Emergency permit control (a) Conditions on manufacturing, processing, etc., as health measure Whenever the Secretary finds after investiga- tion that the distribution in interstate com- merce of any class of food may, by reason of contamination with micro-organisms during the manufacture, processing, or packing thereof in any locality, be injurious to health, and that such injurious nature cannot be adequately de- termined after such articles have entered inter- state commerce, he then, and in such case only, shall promulgate regulations providing for the issuance, to manufacturers, processors, or pack- ers of such class of food in such locality, of per- mits to which shall be attached such conditions governing the manufacture, processing, or pack- ing of such class of food, for such temporary pe- riod of time, as may be necessary to protect the public health; and after the effective date of such regulations, and during such temporary pe- riod, no person shall introduce or deliver for in- troduction into interstate commerce any such food manufactured, processed, or packed by any such manufacturer, processor, or packer unless such manufacturer, processor, or packer holds a permit issued by the Secretary as provided by such regulations. (b) Violation of permit; suspension and reinstate- ment The Secretary is authorized to suspend imme- diately upon notice any permit issued under au- thority of this section if it is found that any of the conditions of the permit have been violated. The holder of a permit so suspended shall be privileged at any time to apply for the rein- statement of such permit, and the Secretary shall, immediately after prompt hearing and an inspection of the establishment, reinstate such permit if it is found that adequate measures have been taken to comply with and maintain the conditions of the permit, as originally issued or as amended. (c) Inspection of permit-holding establishments Any officer or employee duly designated by the Secretary shall have access to any factory or establishment, the operator of which holds a permit from the Secretary, for the purpose of ascertaining whether or not the conditions of the permit are being complied with, and denial of access for such inspection shall be ground for suspension of the permit until such access is freely given by the operator. (June 25, 1938, ch. 675, § 404, 52 Stat. 1048.) 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 in the Department of Agriculture to Federal Security Agency, see notes set out under section 321 of this title.