-CITE- 21 USC TITLE 21 - FOOD AND DRUGS 01/03/2007 -EXPCITE- TITLE 21 - FOOD AND DRUGS -HEAD- TITLE 21 - FOOD AND DRUGS -MISC1- Chap. Sec. 1. Adulterated or Misbranded Foods or Drugs 1 2. Teas [Repealed] 41 3. Filled Milk 61 4. Animals, Meats, and Meat and Dairy Products 71 5. Viruses, Serums, Toxins, Antitoxins, and Analogous Products 151 5A. Bureau of Narcotics [Omitted] 161 6. Narcotic Drugs [Repealed or Transferred] 171 7. Practice of Pharmacy and Sale of Poisons in Consular Districts in China 201 8. Narcotic Farms [Repealed] 221 9. Federal Food, Drug, and Cosmetic Act 301 10. Poultry and Poultry Products Inspection 451 11. Manufacture of Narcotic Drugs [Repealed] 501 12. Meat Inspection 601 13. Drug Abuse Prevention and Control 801 14. Alcohol and Drug Abuse Educational Programs and Activities [Repealed] 1001 15. Egg Products Inspection 1031 16. Drug Abuse Prevention, Treatment, and Rehabilitation 1101 17. National Drug Enforcement Policy [Repealed] 1201 18. President's Media Commission on Alcohol and Drug Abuse Prevention [Omitted] 1301 19. Pesticide Monitoring Improvements 1401 20. National Drug Control Program 1501 21. Biomaterials Access Assurance 1601 22. National Drug Control Policy 1701 23. National Youth Anti-Drug Media Campaign [Repealed] 1801 24. International Narcotics Trafficking 1901 25. Miscellaneous Anti-Drug Abuse Provisions 2001 -End- -CITE- 21 USC CHAPTER 1 - ADULTERATED OR MISBRANDED FOODS OR DRUGS 01/03/2007 -EXPCITE- TITLE 21 - FOOD AND DRUGS CHAPTER 1 - ADULTERATED OR MISBRANDED FOODS OR DRUGS -HEAD- CHAPTER 1 - ADULTERATED OR MISBRANDED FOODS OR DRUGS -MISC1- SUBCHAPTER I - FEDERAL FOOD AND DRUGS ACT OF 1906 Sec. 1 to 15. Repealed or Transferred. SUBCHAPTER II - MISCELLANEOUS PROVISIONS 16. Introduction into, or sale in, State or Territory or District of Columbia of dairy or food products falsely labeled or branded. 17. Penalty for sale or introduction of falsely labeled dairy or food products; venue. 18. Suspension of importation of adulterated articles. 19. Repealed. 20. Apples in interstate commerce; standard grades. 21. Branding grades on barrels of apples. 22. Barrels misbranded. 23. Penalties. 24. Omitted. 25. Oleomargarine, butterine, or imitation butter or cheese transported into a State subject to its police powers. 26. Omitted. -End- -CITE- 21 USC SUBCHAPTER I - FEDERAL FOOD AND DRUGS ACT OF 1906 01/03/2007 -EXPCITE- TITLE 21 - FOOD AND DRUGS CHAPTER 1 - ADULTERATED OR MISBRANDED FOODS OR DRUGS SUBCHAPTER I - FEDERAL FOOD AND DRUGS ACT OF 1906 -HEAD- SUBCHAPTER I - FEDERAL FOOD AND DRUGS ACT OF 1906 -End- -CITE- 21 USC Secs. 1 to 5 01/03/2007 -EXPCITE- TITLE 21 - FOOD AND DRUGS CHAPTER 1 - ADULTERATED OR MISBRANDED FOODS OR DRUGS SUBCHAPTER I - FEDERAL FOOD AND DRUGS ACT OF 1906 -HEAD- Secs. 1 to 5. Repealed. -MISC1- Secs. 1 to 5. Repealed. June 25, 1938, ch. 675, Sec. 902(a), 52 Stat. 1059. Section 1, act June 30, 1906, ch. 3915, Sec. 1, 34 Stat. 768, made it unlawful to manufacture adulterated or misbranded foods or drugs in Territories or District of Columbia and provided penalty for violations. See sections 331 and 333 of this title. Section 2, act June 30, 1906, ch. 3915, Sec. 2, 34 Stat. 768, prohibited introduction, shipment, delivery or sale of adulterated or misbranded foods or drugs in interstate or foreign commerce, provided penalty for violations and exempted exports conforming to specifications of foreign purchaser and not in conflict with laws of foreign country importing the same. See sections 331, 333 and 381 of this title. Section 3, acts June 30, 1906, ch. 3915, Sec. 3, 34 Stat. 768; Mar. 4, 1913, ch. 141, Sec. 1, 37 Stat. 736, authorized Secretaries of the Treasury, Agriculture, and Commerce to make uniform rules and regulations for enforcement of food and drug laws, including collection and examination of specimens. See section 371 of this title. Section 4, act June 30, 1906, ch. 3915, Sec. 12, 34 Stat. 772, provided that act or omission of officer, agent, and so forth, of corporation, shall be deemed act or omission of corporation. Section 5, act June 30, 1906, ch. 3915, Sec. 12, 34 Stat. 772, defined "territory" and "person". See section 321 of this title and section 1 of Title 1, General Provisions. EFFECTIVE DATE OF REPEAL Section 902(a) of act June 25, 1938, ch. 675, 52 Stat. 1059, which repealed sections 1 to 5, 7 to 14, and 15 of this title, provided that the repeal of those sections should take effect 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, Sec. 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 authorize 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." -End- -CITE- 21 USC Sec. 6 01/03/2007 -EXPCITE- TITLE 21 - FOOD AND DRUGS CHAPTER 1 - ADULTERATED OR MISBRANDED FOODS OR DRUGS SUBCHAPTER I - FEDERAL FOOD AND DRUGS ACT OF 1906 -HEAD- Sec. 6. Transferred -COD- CODIFICATION Section, act Mar. 4, 1923, ch. 268, 42 Stat. 1500, was transferred to section 321a of this title. -End- -CITE- 21 USC Secs. 7 to 14 01/03/2007 -EXPCITE- TITLE 21 - FOOD AND DRUGS CHAPTER 1 - ADULTERATED OR MISBRANDED FOODS OR DRUGS SUBCHAPTER I - FEDERAL FOOD AND DRUGS ACT OF 1906 -HEAD- Secs. 7 to 14. Repealed. -MISC1- Secs. 7 to 14. Repealed. June 25, 1938, ch. 675, Sec. 902(a), 52 Stat. 1059. Section 7, act June 30, 1906, ch. 3915, Sec. 6, 34 Stat. 769, defined "drug" and "food". See section 321 of this title. Section 8, act June 30, 1906, ch. 3915, Sec. 7, 34 Stat. 769, deemed drugs to be adulterated when sold having a difference 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 narcotics; food, when concerned with injurious mixtures, use of substitutes, abstraction of valuable constituents, concealment of damage or inferiority, deleterious ingredients, preservatives in shipment conditionally excepted, animal or vegetable substances unfit for food and products of animals diseased or having died otherwise than by slaughter. See sections 342 and 351 of this title. Section 9, act June 30, 1906, ch. 3915, Sec. 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, Sec. 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 misbranded 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 quantity 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 removal and substitution of contents of package, or failure to state or label quantity or proportion of narcotics therein, when the packages are not marked with weight, with certain variations and exemptions permitted, 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, Sec. 4, 34 Stat. 769; Jan. 18, 1927, ch. 39, 44 Stat. 1003, provided for examination of specimens, notice of adulteration or misbranding, hearing, certification of violations to United States district attorney and notice of judgment. Section 12, act June 30, 1906, ch. 3915, Sec. 5, 34 Stat. 769, provided for prosecution by district attorneys for enforcement of penalties. Section 13, act June 30, 1906, ch. 3915, Sec. 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, Sec. 10, 34 Stat. 771, provided for seizure of articles by libel for condemnation, at suit of and in name of United States, in United States district court where found, conforming to proceedings in admiralty, with right to trial by jury, destruction 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. EFFECTIVE DATE OF REPEAL For effective date of repeal, see section 902(a) of act June 25, 1938, set out as a note under sections 1 to 5 of this title. -End- -CITE- 21 USC Sec. 14a 01/03/2007 -EXPCITE- TITLE 21 - FOOD AND DRUGS CHAPTER 1 - ADULTERATED OR MISBRANDED FOODS OR DRUGS SUBCHAPTER I - FEDERAL FOOD AND DRUGS ACT OF 1906 -HEAD- Sec. 14a. Transferred -COD- CODIFICATION Section, act June 30, 1906, ch. 3915, Sec. 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, Sec. 201, 57 Stat. 500, and by Pub. L. 102-571, title I, Sec. 106(3), Oct. 29, 1992, 106 Stat. 4498, and was successively classified to section 372a and then 376 of this title. -End- -CITE- 21 USC Sec. 15 01/03/2007 -EXPCITE- TITLE 21 - FOOD AND DRUGS CHAPTER 1 - ADULTERATED OR MISBRANDED FOODS OR DRUGS SUBCHAPTER I - FEDERAL FOOD AND DRUGS ACT OF 1906 -HEAD- Sec. 15. Repealed. -MISC1- Sec. 15. Repealed. June 25, 1938, ch. 675, Sec. 902(a), 52 Stat. 1059. Section, act June 30, 1906, ch. 3915, Sec. 11, 34 Stat. 772, provided for examination of samples of imports, refusal of admission and delivery to consignee, delivery to consignee pending examination and decision on bond and charges for storage and lien therefor. See section 381 of this title. EFFECTIVE DATE OF REPEAL For effective date of repeal, see section 902(a) of act June 25, 1938, set out as a note under sections 1 to 5 of this title. -End- -CITE- 21 USC SUBCHAPTER II - MISCELLANEOUS PROVISIONS 01/03/2007 -EXPCITE- TITLE 21 - FOOD AND DRUGS CHAPTER 1 - ADULTERATED OR MISBRANDED FOODS OR DRUGS SUBCHAPTER II - MISCELLANEOUS PROVISIONS -HEAD- SUBCHAPTER II - MISCELLANEOUS PROVISIONS -End- -CITE- 21 USC Sec. 16 01/03/2007 -EXPCITE- TITLE 21 - FOOD AND DRUGS CHAPTER 1 - ADULTERATED OR MISBRANDED FOODS OR DRUGS SUBCHAPTER II - MISCELLANEOUS PROVISIONS -HEAD- Sec. 16. Introduction into, or sale in, State or Territory or District of Columbia of dairy or food products falsely labeled or branded -STATUTE- 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 labeled 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. -SOURCE- (July 1, 1902, ch. 1357, Sec. 1, 32 Stat. 632.) -End- -CITE- 21 USC Sec. 17 01/03/2007 -EXPCITE- TITLE 21 - FOOD AND DRUGS CHAPTER 1 - ADULTERATED OR MISBRANDED FOODS OR DRUGS SUBCHAPTER II - MISCELLANEOUS PROVISIONS -HEAD- Sec. 17. Penalty for sale or introduction of falsely labeled dairy or food products; venue -STATUTE- If any person or persons violate the provisions of section 16 of this title, either in person or through another, he shall be guilty of a misdemeanor and shall be punished by a fine of not less than $500 nor more than $2,000. The jurisdiction for the prosecution of said misdemeanor shall be within the district of the United States court in which it is committed. -SOURCE- (July 1, 1902, ch. 1357, Sec. 2, 32 Stat. 632.) -End- -CITE- 21 USC Sec. 18 01/03/2007 -EXPCITE- TITLE 21 - FOOD AND DRUGS CHAPTER 1 - ADULTERATED OR MISBRANDED FOODS OR DRUGS SUBCHAPTER II - MISCELLANEOUS PROVISIONS -HEAD- Sec. 18. Suspension of importation of adulterated articles -STATUTE- Whenever the President is satisfied that there is good reason to believe that any importation is being made, or is about to be made, into the United States, from any foreign country, of any article used for human food or drink that is adulterated to an extent dangerous to the health or welfare of the people of the United States, or any of them, he may issue his proclamation suspending the importation of such articles from such country for such period of time as he may think necessary to prevent such importation; and during such period it shall be unlawful to import into the United States from the countries designated in the proclamation of the President any of the articles the importation of which is so suspended. -SOURCE- (Aug. 30, 1890, ch. 839, Sec. 4, 26 Stat. 415.) -End- -CITE- 21 USC Sec. 19 01/03/2007 -EXPCITE- TITLE 21 - FOOD AND DRUGS CHAPTER 1 - ADULTERATED OR MISBRANDED FOODS OR DRUGS SUBCHAPTER II - MISCELLANEOUS PROVISIONS -HEAD- Sec. 19. Repealed. -MISC1- Sec. 19. Repealed. May 29, 1928, ch. 901, Sec. 1(100), 45 Stat. 993. Section, act May 23, 1908, ch. 192, 35 Stat. 261, related to report to Congress of expenditures in enforcing food and drug laws. -End- -CITE- 21 USC Sec. 20 01/03/2007 -EXPCITE- TITLE 21 - FOOD AND DRUGS CHAPTER 1 - ADULTERATED OR MISBRANDED FOODS OR DRUGS SUBCHAPTER II - MISCELLANEOUS PROVISIONS -HEAD- Sec. 20. Apples in interstate commerce; standard grades -STATUTE- The standard grades for apples when packed in barrels which shall be shipped or delivered for shipment in interstate or foreign commerce, or which shall be sold or offered for sale within the District of Columbia or the Territories of the United States shall be as follows: Apples of one variety, which are well-grown specimens, hand picked, of good color for the variety, normal shape, practically free from insect and fungous injury, bruises, and other defects, except such as are necessarily caused in the operation of packing, or apples of one variety which are not more than 10 per centum below the foregoing specifications shall be "Standard grade minimum size two and one-half inches", if the minimum size of the apples is two and one-half inches in transverse diameter; "Standard grade minimum size two and one-fourth inches", if the minimum size of the apples is two and one-fourth inches in transverse diameter; or "Standard grade minimum size two inches", if the minimum size of the apples is two inches in transverse diameter. -SOURCE- (Aug. 3, 1912, ch. 273, Sec. 2, 37 Stat. 250.) -End- -CITE- 21 USC Sec. 21 01/03/2007 -EXPCITE- TITLE 21 - FOOD AND DRUGS CHAPTER 1 - ADULTERATED OR MISBRANDED FOODS OR DRUGS SUBCHAPTER II - MISCELLANEOUS PROVISIONS -HEAD- Sec. 21. Branding grades on barrels of apples -STATUTE- The barrels in which apples are packed in accordance with the provisions of sections 20 to 23 of this title may be branded in accordance with the provisions of section 20 of this title. -SOURCE- (Aug. 3, 1912, ch. 273, Sec. 3, 37 Stat. 251.) -End- -CITE- 21 USC Sec. 22 01/03/2007 -EXPCITE- TITLE 21 - FOOD AND DRUGS CHAPTER 1 - ADULTERATED OR MISBRANDED FOODS OR DRUGS SUBCHAPTER II - MISCELLANEOUS PROVISIONS -HEAD- Sec. 22. Barrels misbranded -STATUTE- Barrels packed with apples shall be deemed to be misbranded within the meaning of sections 20 to 23 of this title - First. If the barrel bears any statement, design, or device indicating that the apples contained therein are "Standard" grade and the apples when packed do not conform to the requirements prescribed by section 20 of this title. Second. If the barrel bears any statement, design, or device indicating that the apples contained therein are "Standard" grade and the barrel fails to bear also a statement of the name of the variety, the name of the locality where grown, and the name of the packer or the person by whose authority the apples were packed and the barrel marked. -SOURCE- (Aug. 3, 1912, ch. 273, Sec. 5, 37 Stat. 251.) -End- -CITE- 21 USC Sec. 23 01/03/2007 -EXPCITE- TITLE 21 - FOOD AND DRUGS CHAPTER 1 - ADULTERATED OR MISBRANDED FOODS OR DRUGS SUBCHAPTER II - MISCELLANEOUS PROVISIONS -HEAD- Sec. 23. Penalties -STATUTE- Any person, firm or corporation, or association who shall knowingly pack or cause to be packed apples in barrels or who shall knowingly sell or offer for sale such barrels in violation of the provisions of sections 20 to 23 of this title shall be liable to a penalty of $1 and costs for each such barrel so sold or offered for sale, to be recovered at the suit of the United States in any court of the United States having jurisdiction. -SOURCE- (Aug. 3, 1912, ch. 273, Sec. 6, 37 Stat. 251.) -COD- CODIFICATION Section is also set out as section 233 of Title 15, Commerce and Trade. -End- -CITE- 21 USC Sec. 24 01/03/2007 -EXPCITE- TITLE 21 - FOOD AND DRUGS CHAPTER 1 - ADULTERATED OR MISBRANDED FOODS OR DRUGS SUBCHAPTER II - MISCELLANEOUS PROVISIONS -HEAD- Sec. 24. Omitted -COD- CODIFICATION Section, act Mar. 4, 1915, ch. 144, 38 Stat. 1102, related to payment of the cost of inspection under a provision authorizing the investigation of the character of chemical and physical tests applied to American food products in foreign countries and the inspection of such products before shipment to such countries at the request of the shippers or owners. That provision was repeated in subsequent appropriation acts but was omitted from the appropriation act of July 12, 1943, ch. 221, 57 Stat. 494, and from all subsequent appropriation acts. -End- -CITE- 21 USC Sec. 25 01/03/2007 -EXPCITE- TITLE 21 - FOOD AND DRUGS CHAPTER 1 - ADULTERATED OR MISBRANDED FOODS OR DRUGS SUBCHAPTER II - MISCELLANEOUS PROVISIONS -HEAD- Sec. 25. Oleomargarine, butterine, or imitation butter or cheese transported into a State subject to its police powers -STATUTE- All articles known as oleomargarine, butterine, imitation, process, renovated, or adulterated butter, or imitation cheese, or any substance in the semblance of butter or cheese not the usual product of the dairy and not made exclusively of pure and unadulterated milk or cream, transported into any State or Territory or the District of Columbia, and remaining therein for use, consumption, sale, or storage therein, shall, upon the arrival within the limits of such State or Territory or the District of Columbia, be subject to the operation and effect of the laws of such State or Territory or the District of Columbia, enacted in the exercise of its police powers to the same extent and in the same manner as though such articles or substances had been produced in such State or Territory or the District of Columbia, and shall not be exempt therefrom by reason of being introduced therein in original packages or otherwise. -SOURCE- (May 9, 1902, ch. 784, Sec. 1, 32 Stat. 193.) -End- -CITE- 21 USC Sec. 26 01/03/2007 -EXPCITE- TITLE 21 - FOOD AND DRUGS CHAPTER 1 - ADULTERATED OR MISBRANDED FOODS OR DRUGS SUBCHAPTER II - MISCELLANEOUS PROVISIONS -HEAD- Sec. 26. Omitted -COD- 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, Sec. 4, 58 Stat. 461, and related to inspection of food and other products, is covered by section 2256 of Title 7, Agriculture. -End- -CITE- 21 USC CHAPTER 2 - TEAS 01/03/2007 -EXPCITE- TITLE 21 - FOOD AND DRUGS CHAPTER 2 - TEAS -HEAD- CHAPTER 2 - TEAS -End- -CITE- 21 USC Secs. 41 to 50 01/03/2007 -EXPCITE- TITLE 21 - FOOD AND DRUGS CHAPTER 2 - TEAS -HEAD- Secs. 41 to 50. Repealed. -MISC1- Secs. 41 to 50. Repealed. Pub. L. 104-128, Sec. 2, Apr. 9, 1996, 110 Stat. 1198. Section 41, acts Mar. 2, 1897, ch. 358, Sec. 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, Sec. 12, eff. June 30, 1940, 5 F.R. 2421, 54 Stat. 1237; 1953 Reorg. Plan No. 1, Sec. 5, eff. Apr. 11, 1953, 18 F.R. 2053, 67 Stat. 631; May 24, 1962, Pub. L. 87-456, title III, Sec. 303(a), 76 Stat. 77; Aug. 23, 1988, Pub. L. 100- 418, title I, Sec. 1214(l), 102 Stat. 1158, prohibited unlawful importation of substandard tea. Section 42, acts Mar. 2, 1897, ch. 358, Sec. 2, 29 Stat. 605; May 31, 1920, ch. 217, 41 Stat. 712; 1940 Reorg. Plan No. IV, Sec. 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, Sec. 5, eff. Apr. 11, 1953, 18 F.R. 2053, 67 Stat. 631; Oct. 17, 1979, Pub. L. 96-88, title V, Sec. 509(b), 93 Stat. 695, related to establishment and composition of board of experts in teas. Section 43, acts Mar. 2, 1897, ch. 358, Sec. 3, 29 Stat. 605; May 31, 1920, ch. 217, 41 Stat. 712; 1940 Reorg. Plan No. IV, Sec. 12, eff. June 30, 1940, 5 F.R. 2421, 54 Stat. 1237; 1953 Reorg. Plan No. 1, Sec. 5, eff. Apr. 11, 1953, 18 F.R. 2053, 67 Stat. 631; Oct. 17, 1979, Pub. L. 96-88, title V, Sec. 509(b), 93 Stat. 695, authorized establishment of purity standards. Section 44, acts Mar. 2, 1897, ch. 358, Sec. 4, 29 Stat. 605; May 31, 1920, ch. 217, 41 Stat. 712; 1940 Reorg. Plan No. IV, Sec. 12, eff. June 30, 1940, 5 F.R. 2421, 54 Stat. 1237; 1953 Reorg. Plan No. 1, Sec. 5, eff. Apr. 11, 1953, 18 F.R. 2053, 67 Stat. 631; Oct. 17, 1979, Pub. L. 96-88, title V, Sec. 509(b), 93 Stat. 695, related to bonds of importers, examination of imported teas, and importation at ports without examiners. Section 45, act Mar. 2, 1897, ch. 358, Sec. 5, 29 Stat. 605, related to delivery permits and reexamination and retention of substandard teas. Section 46, acts Mar. 2, 1897, ch. 358, Sec. 7, 29 Stat. 606; May 31, 1920, ch. 217, 41 Stat. 712, 713, related to examiners and examination according to usages of trade. Section 46a, acts Mar. 2, 1897, ch. 358, Sec. 13, formerly act July 1, 1941, ch. 269, title II, 55 Stat. 478; renumbered Sec. 13 of act Mar. 2, 1897, and amended Aug. 10, 1993, Pub. L. 103-66, title IV, Sec. 4401, 107 Stat. 378, related to deposit of fee prior to examination. Section 47, acts Mar. 2, 1897, ch. 358, Sec. 6, 29 Stat. 606; May 31, 1920, ch. 217, 41 Stat. 712, 713; 1940 Reorg. Plan No. IV, Sec. 12, eff. June 30, 1940, 5 F.R. 2421, 54 Stat. 1237; 1953 Reorg. Plan No. 1, Sec. 5, eff. Apr. 11, 1953, 18 F.R. 2053, 67 Stat. 631; Oct. 17, 1979, Pub. L. 96-88, title V, Sec. 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, Sec. 8, 29 Stat. 606; May 31, 1920, ch. 217, 41 Stat. 712, related to reexaminations, including findings by examiner and assistance of experts. Section 49, acts Mar. 2, 1897, ch. 358, Sec. 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, Sec. 10, 29 Stat. 607; May 31, 1920, ch. 217, 41 Stat. 712; 1940 Reorg. Plan No. IV, Sec. 12, eff. June 30, 1940, 5 F.R. 2421, 54 Stat. 1237; 1953 Reorg. Plan No. 1, Sec. 5, eff. Apr. 11, 1953, 18 F.R. 2053, 67 Stat. 631; Oct. 17, 1979, Pub. L. 96-88, title V, Sec. 509(b), 93 Stat. 695, authorized issuance of regulations. EFFECTIVE DATE OF REPEAL Section 3 of Pub. L. 104-128 provided that: "This Act [repealing this chapter] shall take effect on the date of enactment of this Act [Apr. 9, 1996]." SHORT TITLE OF REPEAL Section 1 of Pub. L. 104-128 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, provided in part that act Mar. 2, 1897, which was classified generally to this chapter, could be cited as the Tea Importation Act. -End- -CITE- 21 USC CHAPTER 3 - FILLED MILK 01/03/2007 -EXPCITE- TITLE 21 - FOOD AND DRUGS CHAPTER 3 - FILLED MILK -HEAD- CHAPTER 3 - FILLED MILK -MISC1- Sec. 61. Definitions. 62. Manufacture, shipment, or delivery for shipment in interstate or foreign commerce prohibited. 63. Penalties; acts of agents deemed acts of principals. 64. Regulations for enforcement. FEDERAL FOOD, DRUG, AND COSMETIC ACT By virtue of act June 25, 1938, ch. 675, Sec. 902(c), 52 Stat. 1059 [section 392(b) of this title], nothing contained in section 301 et seq. of this title shall be construed as in any way affecting, modifying, repealing, or superseding the provisions of sections 61 to 64 of this title. BUREAU OF DAIRY INDUSTRY General provisions, see sections 401 to 404 of Title 7, Agriculture. -End- -CITE- 21 USC Sec. 61 01/03/2007 -EXPCITE- TITLE 21 - FOOD AND DRUGS CHAPTER 3 - FILLED MILK -HEAD- Sec. 61. Definitions -STATUTE- 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, Territory, 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 Territory or possession, or within the District of Columbia; and (c) The term "filled milk" means any milk, cream, or skimmed milk, whether or not condensed, 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 resulting 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 include 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 children and customarily used on the order of a physician; (2) is packed in individual cans containing 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 exclusively to physicians, wholesale and retail druggists, orphan asylums, child-welfare associations, hospitals, and similar institutions and generally disposed of by them. -SOURCE- (Mar. 4, 1923, ch. 262, Sec. 1, 42 Stat. 1486.) -MISC1- SHORT TITLE Act July 12, 1943, ch. 221, title II, 57 Stat. 499, provided in part that act Mar. 4, 1923, which enacted this chapter, may be cited as the "Filled Milk Act". -End- -CITE- 21 USC Sec. 62 01/03/2007 -EXPCITE- TITLE 21 - FOOD AND DRUGS CHAPTER 3 - FILLED MILK -HEAD- Sec. 62. Manufacture, shipment, or delivery for shipment in interstate or foreign commerce prohibited -STATUTE- 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 within 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. -SOURCE- (Mar. 4, 1923, ch. 262, Sec. 2, 42 Stat. 1487.) -End- -CITE- 21 USC Sec. 63 01/03/2007 -EXPCITE- TITLE 21 - FOOD AND DRUGS CHAPTER 3 - FILLED MILK -HEAD- Sec. 63. Penalties; acts of agents deemed acts of principals -STATUTE- Any person violating any provision of this chapter shall upon conviction thereof be subject to a fine of not more than $1,000 or imprisonment of not more than one year, or both. When construing and enforcing the provisions of this chapter, the act, omission, or failure of any person 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 failure, of such individual, partnership, corporation, or association, as well as of such person. -SOURCE- (Mar. 4, 1923, ch. 262, Sec. 3, 42 Stat. 1487.) -COD- 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 obsolete. -End- -CITE- 21 USC Sec. 64 01/03/2007 -EXPCITE- TITLE 21 - FOOD AND DRUGS CHAPTER 3 - FILLED MILK -HEAD- Sec. 64. Regulations for enforcement -STATUTE- The Secretary of Health and Human Services is authorized and directed to make and enforce such regulations as may in his judgment be necessary to carry out the purposes of this chapter. -SOURCE- (Mar. 4, 1923, ch. 262, Sec. 4, as added Aug. 27, 1935, ch. 743, 49 Stat. 885; 1940 Reorg. Plan No. IV, Sec. 12, eff. June 30, 1940, 5 F.R. 2421, 54 Stat. 1237; 1953 Reorg. Plan No. 1, Sec. 5, eff. Apr. 11, 1953, 18 F.R. 2053, 67 Stat. 631; Pub. L. 96-88, title V, Sec. 509(b), Oct. 17, 1979, 93 Stat. 695.) -CHANGE- CHANGE OF NAME "Secretary of Health and Human Services" substituted 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, Education. -TRANS- TRANSFER OF FUNCTIONS For transfer of functions of Federal Security Administrator 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. -End- -CITE- 21 USC CHAPTER 4 - ANIMALS, MEATS, AND MEAT AND DAIRY PRODUCTS 01/03/2007 -EXPCITE- TITLE 21 - FOOD AND DRUGS CHAPTER 4 - ANIMALS, MEATS, AND MEAT AND DAIRY PRODUCTS -HEAD- CHAPTER 4 - ANIMALS, MEATS, AND MEAT AND DAIRY PRODUCTS -MISC1- 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 thereof; 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. -End- -CITE- 21 USC SUBCHAPTER I - EXAMINATION OF ANIMALS, MEATS, AND MEAT AND DAIRY PRODUCTS 01/03/2007 -EXPCITE- TITLE 21 - FOOD AND DRUGS CHAPTER 4 - ANIMALS, MEATS, AND MEAT AND DAIRY PRODUCTS SUBCHAPTER I - EXAMINATION OF ANIMALS, MEATS, AND MEAT AND DAIRY PRODUCTS -HEAD- SUBCHAPTER I - EXAMINATION OF ANIMALS, MEATS, AND MEAT AND DAIRY PRODUCTS -End- -CITE- 21 USC Secs. 71 to 92 01/03/2007 -EXPCITE- TITLE 21 - FOOD AND DRUGS CHAPTER 4 - ANIMALS, MEATS, AND MEAT AND DAIRY PRODUCTS SUBCHAPTER I - EXAMINATION OF ANIMALS, MEATS, AND MEAT AND DAIRY PRODUCTS -HEAD- Secs. 71 to 92. Transferred -COD- CODIFICATION Section 71, act Mar. 4, 1907, ch. 2907, 34 Stat. 1260, which related to inspection of meat and meat food products, examination of cattle before slaughtering, separate slaughtering of diseased animals and examination of carcasses, was transferred to section 603 of this title. Section 72, act Mar. 4, 1907, ch. 2907, 34 Stat. 1260, which related to post mortem examination of carcasses, marking and labeling, destruction of condemned carcasses, and reinspection, was transferred to section 604 of this title. Section 73, act Mar. 4, 1907, ch. 2907, 34 Stat. 1261, which related to examination of carcasses brought into slaughtering or packing establishments and of meat food products issued from and returned thereto, was transferred to section 605 of this title. Section 74, act Mar. 4, 1907, ch. 2907, 34 Stat. 1261, which related to examination and inspection of meat food products, marks of inspection, destruction of condemned products, and products for export, was transferred to section 606 of this title. Section 75, act Mar. 4, 1907, ch. 2907, 34 Stat. 1262, which related to labeling of receptacles and coverings of meat and meat food products inspected and passed, supervision by inspectors, prohibition of sales under false names, was transferred to section 607 of this title. Section 76, act Mar. 4, 1907, ch. 2907, 34 Stat. 1262, which related to sanitary inspection and regulation of slaughtering and packing establishments, and rejection of meat or meat food products unfit for food, was transferred to section 608 of this title. Section 77, act Mar. 4, 1907, ch. 2907, 34 Stat. 1262, which related to examination of cattle and food products thereof slaughtered and prepared during night time, was transferred to section 609 of this title. Section 78, act Mar. 4, 1907, ch. 2907, 34 Stat. 1262, which related to prohibition of transportation of carcasses, meat, or meat food products not properly inspected and marked, was transferred to section 610 of this title. Section 79, act Mar. 4, 1907, ch. 2907, 34 Stat. 1263, which related to forgery, alteration, and unauthorized use of marks, labels, and certificates, was transferred to section 611 of this title. Section 80, act Mar. 4, 1907, ch. 2907, 34 Stat. 1263, which related to inspection of animals for export, was transferred to section 612 of this title and was subsequently repealed by Pub. L. 107-171, title X, Sec. 10418(a)(19), May 13, 2002, 116 Stat. 508. Section 81, act Mar. 4, 1907, ch. 2907, 34 Stat. 1263, which related to certificates of condition of animals for export, was transferred to section 613 of this title and was subsequently repealed by Pub. L. 107-171, title X, Sec. 10418(a)(19), May 13, 2002, 116 Stat. 508. Section 82, act Mar. 4, 1907, ch. 2907, 34 Stat. 1263, which related to clearance to vessels carrying cattle for export with proper certificate of inspection, was transferred to section 614 of this title and was subsequently repealed by Pub. L. 107-171, title X, Sec. 10418(a)(19), May 13, 2002, 116 Stat. 508. Section 83, act Mar. 4, 1907, ch. 2907, 34 Stat. 1263, which related to inspection of carcasses, the meat of which is intended for export, was transferred to section 615 of this title. Section 84, act Mar. 4, 1907, ch. 2907, 34 Stat. 1263, which related to certificates of condition of carcasses, the meat of which is intended for export, was transferred to section 616 of this title. Section 85, act Mar. 4, 1907, ch. 2907, 34 Stat. 1263, which related to clearance to vessels carrying meat for export with proper certificate of inspection, was transferred to section 617 of this title. Section 86, act Mar. 4, 1907, ch. 2907, 34 Stat. 1263, which related to official certificates of inspection and delivery of copies thereof to different parties, was transferred to section 618 of this title. Section 87, act Mar. 4, 1907, ch. 2907, 34 Stat. 1264, which related to prohibition of transportation or sale of meat or meat food products without complying with provisions of inspection law, was transferred to section 619 of this title. Section 88, act Mar. 4, 1907, ch. 2907, 34 Stat. 1264, which related to offenses and penalties, was transferred to section 620 of this title. Section 89, act Mar. 4, 1907, ch. 2907, 34 Stat. 1264, which related to appointment of inspectors, their duties, and rule making authority of the Secretary of Agriculture, was transferred to section 621 of this title. Section 90, act Mar. 4, 1907, ch. 2907, 34 Stat. 1264, which related to penalties for bribery, was transferred to section 622 of this title. Section 91, acts Mar. 4, 1907, ch. 2907, 34 Stat. 1265; June 29, 1938, ch. 810, 52 Stat. 1235, which related to definitions, exceptions to inspection requirements in case of farmers and retailers, and penalties for sale of meat and meat food products unfit for food, was transferred to section 623 of this title. Section 92, act Mar. 4, 1907, ch. 2907, 34 Stat. 1265, which was a proviso following the first sentence of section 91 of this title, was restored to that section and has been transferred to section 623 of this title. -End- -CITE- 21 USC Sec. 93 01/03/2007 -EXPCITE- TITLE 21 - FOOD AND DRUGS CHAPTER 4 - ANIMALS, MEATS, AND MEAT AND DAIRY PRODUCTS SUBCHAPTER I - EXAMINATION OF ANIMALS, MEATS, AND MEAT AND DAIRY PRODUCTS -HEAD- Sec. 93. Repealed. -MISC1- Sec. 93. Repealed. May 29, 1928, ch. 901, Sec. 1(92), 45 Stat. 993. Section, act Mar. 4, 1907, ch. 2907, 34 Stat. 1265, related to statement in annual estimates as to persons employed, their compensation and expenses. -End- -CITE- 21 USC Secs. 94 to 95 01/03/2007 -EXPCITE- TITLE 21 - FOOD AND DRUGS CHAPTER 4 - ANIMALS, MEATS, AND MEAT AND DAIRY PRODUCTS SUBCHAPTER I - EXAMINATION OF ANIMALS, MEATS, AND MEAT AND DAIRY PRODUCTS -HEAD- Secs. 94 to 95. Transferred -COD- CODIFICATION Section 94, act June 30, 1914, ch. 131, 38 Stat. 420, which related to inspection of reindeer, was transferred to section 692 of this title. Section 94a, act May 23, 1908, ch. 192, 35 Stat. 254, which related to inspection of dairy products for export, was transferred to section 693 of this title. Section 95, acts June 30, 1906, ch. 3913, 34 Stat. 679; June 26, 1934, ch. 756, Sec. 2, 48 Stat. 1225, which related to authorization of appropriations for expenses of inspection, was transferred to section 694 of this title. -End- -CITE- 21 USC Sec. 96 01/03/2007 -EXPCITE- TITLE 21 - FOOD AND DRUGS CHAPTER 4 - ANIMALS, MEATS, AND MEAT AND DAIRY PRODUCTS SUBCHAPTER I - EXAMINATION OF ANIMALS, MEATS, AND MEAT AND DAIRY PRODUCTS -HEAD- Sec. 96. Repealed. -MISC1- Sec. 96. Repealed. Pub. L. 90-201, Sec. 18, Dec. 15, 1967, 81 Stat. 600. Section, act July 24, 1919, ch. 26, 41 Stat. 241, provided for marking horse meat transported in interstate commerce. See section 619 of this title. EFFECTIVE DATE OF REPEAL Repeal effective Dec. 15, 1967, see section 20 of Pub. L. 90-201, set out as an Effective Date note under section 601 of this title. -End- -CITE- 21 USC Secs. 97 to 97d 01/03/2007 -EXPCITE- TITLE 21 - FOOD AND DRUGS CHAPTER 4 - ANIMALS, MEATS, AND MEAT AND DAIRY PRODUCTS SUBCHAPTER I - EXAMINATION OF ANIMALS, MEATS, AND MEAT AND DAIRY PRODUCTS -HEAD- Secs. 97 to 97d. Omitted -COD- CODIFICATION Sections 97 to 97d, act July 30, 1947, ch. 356, title I, Sec. 1, 61 Stat. 531, 532, set up a meat inspection fund and provided for payment for meat inspection service by the persons or organizations who were furnished such inspection on and after July 1, 1947. These provisions ceased to be effective on July 1, 1948, under section 98 of this title which requires the cost of such inspection to be borne by the United States. The unobligated balance in the meat inspection fund was carried to the general fund of the Treasury by act June 19, 1948, ch. 543, Sec. 1, 62 Stat. 515. -End- -CITE- 21 USC Sec. 98 01/03/2007 -EXPCITE- TITLE 21 - FOOD AND DRUGS CHAPTER 4 - ANIMALS, MEATS, AND MEAT AND DAIRY PRODUCTS SUBCHAPTER I - EXAMINATION OF ANIMALS, MEATS, AND MEAT AND DAIRY PRODUCTS -HEAD- Sec. 98. Transferred -COD- CODIFICATION Section, act June 5, 1948, ch. 423, 62 Stat. 344, which related to payment of cost of meat inspection, was transferred to section 695 of this title. -End- -CITE- 21 USC Sec. 99 01/03/2007 -EXPCITE- TITLE 21 - FOOD AND DRUGS CHAPTER 4 - ANIMALS, MEATS, AND MEAT AND DAIRY PRODUCTS SUBCHAPTER I - EXAMINATION OF ANIMALS, MEATS, AND MEAT AND DAIRY PRODUCTS -HEAD- Sec. 99. Repealed. -MISC1- Sec. 99. Repealed. July 28, 1953, ch. 251, title I, Sec. 101, 67 Stat. 208. Section, act Aug. 31, 1951, ch. 374, title I, Sec. 101, 65 Stat. 229, related to reimbursement for excess expenses of meat inspection. -End- -CITE- 21 USC SUBCHAPTER II - IMPORTATION OF CATTLE AND QUARANTINE 01/03/2007 -EXPCITE- TITLE 21 - FOOD AND DRUGS CHAPTER 4 - ANIMALS, MEATS, AND MEAT AND DAIRY PRODUCTS SUBCHAPTER II - IMPORTATION OF CATTLE AND QUARANTINE -HEAD- SUBCHAPTER II - IMPORTATION OF CATTLE AND QUARANTINE -End- -CITE- 21 USC Sec. 101 01/03/2007 -EXPCITE- TITLE 21 - FOOD AND DRUGS CHAPTER 4 - ANIMALS, MEATS, AND MEAT AND DAIRY PRODUCTS SUBCHAPTER II - IMPORTATION OF CATTLE AND QUARANTINE -HEAD- Sec. 101. Suspension of importation of all animals -STATUTE- Whenever, in the opinion of the President, it shall be necessary for the protection of animals in the United States against infectious or contagious diseases, he may, by proclamation, suspend the importation of all or any class of animals for a limited time, and may change, modify, revoke, or renew such proclamation, as the public good may require; and during the time of such suspension the importation of any such animals shall be unlawful. -SOURCE- (Aug. 30, 1890, ch. 839, Sec. 9, 26 Stat. 416.) -End- -CITE- 21 USC Secs. 102 to 105 01/03/2007 -EXPCITE- TITLE 21 - FOOD AND DRUGS CHAPTER 4 - ANIMALS, MEATS, AND MEAT AND DAIRY PRODUCTS SUBCHAPTER II - IMPORTATION OF CATTLE AND QUARANTINE -HEAD- Secs. 102 to 105. Repealed. -MISC1- Secs. 102 to 105. Repealed. Pub. L. 107-171, title X, Sec. 10418(a)(6), May 13, 2002, 116 Stat. 507. Section 102, act Aug. 30, 1890, ch. 839, Sec. 7, 26 Stat. 416, related to quarantine of imported animals. Section 103, act Aug. 30, 1890, ch. 839, Sec. 8, 26 Stat. 416, related to prohibition of importation of animals except at quarantine ports, slaughter of infected animals, appraisal, and payment. Section 104, act Aug. 30, 1890, ch. 839, Sec. 6, 26 Stat. 416; June 28, 1926, ch. 700, Sec. 2, 44 Stat. 775; Feb. 28, 1931, ch. 348, 46 Stat. 1460; July 22, 1954, ch. 558, Sec. 32, 68 Stat. 510; Jan. 28, 1956, ch. 12, Sec. 1, 70 Stat. 5; Pub. L. 97-461, Sec. 4, Jan. 12, 1983, 96 Stat. 2524; Pub. L. 103-182, title III, Sec. 361(b), Dec. 8, 1993, 107 Stat. 2122; Pub. L. 103-465, title IV, Sec. 431(h), Dec. 8, 1994, 108 Stat. 4969, related to importation of animals. Section 105, act Aug. 30, 1890, ch. 839, Sec. 10, 26 Stat. 417; Pub. L. 103-182, title III, Sec. 361(c), Dec. 8, 1993, 107 Stat. 2122; Pub. L. 103-465, title IV, Sec. 431(i), Dec. 8, 1994, 108 Stat. 4969, related to inspection of animals. -End- -CITE- 21 USC Secs. 106, 107 01/03/2007 -EXPCITE- TITLE 21 - FOOD AND DRUGS CHAPTER 4 - ANIMALS, MEATS, AND MEAT AND DAIRY PRODUCTS SUBCHAPTER II - IMPORTATION OF CATTLE AND QUARANTINE -HEAD- Secs. 106, 107. Omitted -COD- CODIFICATION Sections, acts Aug. 10, 1917, ch. 52, Sec. 9, 40 Stat. 275; Nov. 21, 1918, ch. 212, Sec. 3, 40 Stat. 1048, related to slaughter of tick-infested cattle. Section 12 of act Aug. 10, 1917, provided that the act should cease to be in effect when the national emergency resulting from World War I had passed. -End- -CITE- 21 USC SUBCHAPTER III - PREVENTION OF INTRODUCTION AND SPREAD OF CONTAGION 01/03/2007 -EXPCITE- TITLE 21 - FOOD AND DRUGS CHAPTER 4 - ANIMALS, MEATS, AND MEAT AND DAIRY PRODUCTS SUBCHAPTER III - PREVENTION OF INTRODUCTION AND SPREAD OF CONTAGION -HEAD- SUBCHAPTER III - PREVENTION OF INTRODUCTION AND SPREAD OF CONTAGION -End- -CITE- 21 USC Secs. 111, 112 01/03/2007 -EXPCITE- TITLE 21 - FOOD AND DRUGS CHAPTER 4 - ANIMALS, MEATS, AND MEAT AND DAIRY PRODUCTS SUBCHAPTER III - PREVENTION OF INTRODUCTION AND SPREAD OF CONTAGION -HEAD- Secs. 111, 112. Repealed. -MISC1- Secs. 111, 112. Repealed. Pub. L. 107-171, title X, Sec. 10418(a)(7), (8), May 13, 2002, 116 Stat. 507, 508. Section 111, act Feb. 2, 1903, ch. 349, Sec. 2, 32 Stat. 792; July 22, 1954, ch. 558, Sec. 33, 68 Stat. 510; Jan. 28, 1956, ch. 12, Sec. 2, 70 Stat. 5, related to regulations to prevent contagious diseases. Section 112, act May 29, 1884, ch. 60, Sec. 4, 23 Stat. 32; Feb. 2, 1903, ch. 349, Sec. 1, 32 Stat. 791; Feb. 7, 1928, ch. 30, 45 Stat. 59, related to investigations as to pleuropneumonia and other diseases and regulations. SHORT TITLE Act Feb. 2, 1903, ch. 349, 32 Stat. 791, classified to former sections 112 and 120 to 122 of this title, is popularly known as the Cattle Contagious Diseases Act of 1903. Act May 29, 1884, ch. 60, 23 Stat. 31, classified to former sections 112, 113 to 114a-1, 115, 116, 117 to 120, and 130 of this title and section 391 of Title 7, Agriculture, is popularly known as the Animal Industry Act. -End- -CITE- 21 USC Sec. 112a 01/03/2007 -EXPCITE- TITLE 21 - FOOD AND DRUGS CHAPTER 4 - ANIMALS, MEATS, AND MEAT AND DAIRY PRODUCTS SUBCHAPTER III - PREVENTION OF INTRODUCTION AND SPREAD OF CONTAGION -HEAD- Sec. 112a. Omitted -COD- CODIFICATION Section, act Feb. 7, 1928, ch. 30, 45 Stat. 59, amended acts May 29, 1884, ch. 60, 23 Stat. 31; Feb. 2, 1903, ch. 349, 32 Stat. 791; and Mar. 3, 1905, ch. 1496, 33 Stat. 1264, to include live poultry in their provisions, added "and/or live poultry" following "live stock" wherever the term "live stock" appeared, and extended the penalties, terms, and provisions of said acts to live poultry. For complete classification of such acts to the Code, see Short Title note set out under section 112 of this title and Tables. -End- -CITE- 21 USC Sec. 113 01/03/2007 -EXPCITE- TITLE 21 - FOOD AND DRUGS CHAPTER 4 - ANIMALS, MEATS, AND MEAT AND DAIRY PRODUCTS SUBCHAPTER III - PREVENTION OF INTRODUCTION AND SPREAD OF CONTAGION -HEAD- Sec. 113. Repealed. -MISC1- Sec. 113. Repealed. Pub. L. 107-171, title X, Sec. 10418(a)(7), (8), May 13, 2002, 116 Stat. 507, 508. Section, act May 29, 1884, ch. 60, Sec. 5, 23 Stat. 32; Feb. 2, 1903, ch. 349, Sec. 1, 32 Stat. 791; Feb. 7, 1928, ch. 30, 45 Stat. 59, related to measures to prevent exportation of diseased livestock and live poultry. -End- -CITE- 21 USC Sec. 113a 01/03/2007 -EXPCITE- TITLE 21 - FOOD AND DRUGS CHAPTER 4 - ANIMALS, MEATS, AND MEAT AND DAIRY PRODUCTS SUBCHAPTER III - PREVENTION OF INTRODUCTION AND SPREAD OF CONTAGION -HEAD- Sec. 113a. Establishment of research laboratories for foot-and- mouth disease and other animal diseases; research contracts; employment of technicians and scientists; appropriations -STATUTE- The Secretary of Agriculture is authorized to establish research laboratories, including the acquisition of necessary land, buildings, or facilities, and also the making of research contracts under the authority contained in section 427i(a) of title 7, for research and study, in the United States or elsewhere, of foot-and- mouth disease and other animal diseases which in the opinion of the Secretary constitute a threat to the livestock industry of the United States: Provided, That no live virus of foot-and-mouth disease may be introduced for any purpose into any part of the mainland of the United States (except coastal islands separated therefrom by water navigable for deep-water navigation and which shall not be connected with the mainland by any tunnel) unless the Secretary determines that it is necessary and in the public interest for the conduct of research and study in the United States (except at Brookhaven National Laboratory in Upton, New York) and issues a permit under such rules as the Secretary shall promulgate to protect animal health, except that the Secretary of Agriculture may transport said virus in the original package across the mainland under adequate safeguards, and except further, that in the event of outbreak of foot-and-mouth disease in this country, the Secretary of Agriculture may, at his discretion, permit said virus to be brought into the United States under adequate safeguards. To carry out the provisions of this section, the Secretary is authorized to employ technical experts or scientists: Provided, That the number so employed shall not exceed five and that the maximum compensation for each shall not exceed the highest rate of grade 18 of the General Schedule. There is authorized to be appropriated such sums as Congress may deem necessary; in addition, the Secretary is authorized to utilize in carrying out this section, funds otherwise available for the control or eradication of such diseases. -SOURCE- (May 29, 1884, ch. 60, Sec. 12, as added Apr. 24, 1948, ch. 229, 62 Stat. 198; amended July 31, 1956, ch. 804, title I, Sec. 119, 70 Stat. 742; Pub. L. 85-573, July 31, 1958, 72 Stat. 454; Pub. L. 87- 793, Sec. 1001(e), Oct. 11, 1962, 76 Stat. 864; Pub. L. 88-426, title III, Sec. 305(1), Aug. 14, 1964, 78 Stat. 422; Pub. L. 101- 624, title XVI, Sec. 1618(b), Nov. 28, 1990, 104 Stat. 3733.) -COD- CODIFICATION Provisions that authorized the Secretary to employ technical experts and scientists "without regard to the Classification Act", meaning the Classification Act of 1923, were omitted as obsolete. Sections 1202 and 1204 of the Classification Act of 1949, 63 Stat. 972, 973, repealed the 1923 Act and all laws or parts of laws inconsistent with the 1949 Act. While section 1106(a) of the 1949 Act provided that references in other laws to the 1923 Act should be held and considered to mean the 1949 Act, it did not have the effect of continuing the exception contained in this section because of section 1106(b) which provided that the application of the 1949 Act to any position, officer, or employee shall not be affected by section 1106(a). The Classification Act of 1949 was repealed by Pub. L. 89-554, Sept. 6, 1966, Sec. 8(a), 80 Stat. 632 (the first section of which revised and enacted Title 5, Government Organization and Employees, into law). Section 5102 of Title 5 contains the applicability provisions of the 1949 Act, and section 5103 of Title 5 authorizes the Office of Personnel Management to determine the applicability to specific positions and employees. -MISC1- AMENDMENTS 1990 - Pub. L. 101-624 substituted "United States (except" for "United States except" and "tunnel) unless the Secretary determines that it is necessary and in the public interest for the conduct of research and study in the United States (except at Brookhaven National Laboratory in Upton, New York) and issues a permit under such rules as the Secretary shall promulgate to protect animal health," for "tunnel, and". 1962 - Pub. L. 87-793 substituted "shall not exceed the highest rate of grade 18 of the General Schedule" for "shall not exceed $19,000 per annum". 1958 - Pub. L. 85-573 inserted in proviso clause of first sentence the exception clause respecting transportation of virus in original package across mainland under adequate safeguards. EFFECTIVE DATE OF 1962 AMENDMENT Amendment by Pub. L. 87-793 effective on first day of first pay period which begins on or after Oct. 11, 1962. REPEALS Act July 31, 1956, ch. 804, title I, Sec. 119, 70 Stat. 742, which increased the maximum compensation of technical experts or scientists, was repealed by Pub. L. 88-426, title III, Sec. 305(1), Aug. 14, 1964, 78 Stat. 422. REFERENCES IN OTHER LAWS TO GS-16, 17, OR 18 PAY RATES References in laws to the rates of pay for GS-16, 17, or 18, or to maximum rates of pay under the General Schedule, to be considered references to rates payable under specified sections of Title 5, Government Organization and Employees, see section 529 [title I, Sec. 101(c)(1)] of Pub. L. 101-509, set out in a note under section 5376 of Title 5. -End- -CITE- 21 USC Secs. 114 to 114d-1 01/03/2007 -EXPCITE- TITLE 21 - FOOD AND DRUGS CHAPTER 4 - ANIMALS, MEATS, AND MEAT AND DAIRY PRODUCTS SUBCHAPTER III - PREVENTION OF INTRODUCTION AND SPREAD OF CONTAGION -HEAD- Secs. 114 to 114d-1. Repealed. -MISC1- Secs. 114 to 114d-1. Repealed. Pub. L. 107-171, title X, Sec. 10418(a)(8), (9), May 13, 2002, 116 Stat. 508. Section 114, act May 29, 1884, ch. 60, Sec. 3, 23 Stat. 32, related to regulations for suppression of diseases and cooperation of States and Territories. Section 114a, act May 29, 1884, ch. 60, Sec. 11, as added Sept. 21, 1944, ch. 412, title I, Sec. 101(a), 58 Stat. 734; amended Oct. 30, 1951, ch. 637, Sec. 1, 65 Stat. 693; Aug. 8, 1953, ch. 381, 67 Stat. 493; Aug. 3, 1956, ch. 950, Sec. 2, 70 Stat. 1032; Pub. L. 87- 518, Sec. 7, July 2, 1962, 76 Stat. 131; Pub. L. 101-624, title XXV, Sec. 2509(c)(2), Nov. 28, 1990, 104 Stat. 4071, related to control and eradication of diseases, cooperation of States and farmers' associations, purchase and destruction of diseased animals, and defined "State" for statutory purposes. A prior section 11 of act May 29, 1884, required annual reports to Congress concerning the suppression of contagious diseases among domestic animals, and was classified to section 560 of former Title 5, prior to repeal by act May 29, 1928, ch. 901, Sec. 1, 45 Stat. 993. Section 114a-1, act May 29, 1884, ch. 60, Sec. 13, as added Oct. 30, 1951, ch. 637, Sec. 2, 65 Stat. 693, related to interstate movement of domestic animals reacting to tests for brucellosis, immediate slaughter, and rules and regulations. Section 114b, act Feb. 28, 1947, ch. 8, Sec. 1, 61 Stat. 7; Pub. L. 89-521, Sec. 1, July 27, 1966, 80 Stat. 330; Pub. L. 92-152, Sec. 1, Nov. 5, 1971, 85 Stat. 418; Pub. L. 94-231, Sec. 3, Mar. 15, 1976, 90 Stat. 216; Pub. L. 101-255, Sec. 1(1), Mar. 15, 1990, 104 Stat. 114; Pub. L. 101-624, title XXV, Sec. 2505, Nov. 28, 1990, 104 Stat. 4068, related to cooperation in animal disease control. Section 114c, act Feb. 28, 1947, ch. 8, Sec. 2, 61 Stat. 7; Aug. 3, 1956, ch. 950, Sec. 3, 70 Stat. 1033; Pub. L. 92-152, Sec. 2, Nov. 5, 1971, 85 Stat. 419; Pub. L. 101-255, Sec. 1(2), Mar. 15, 1990, 104 Stat. 114, related to use of funds. Section 114d, act Feb. 28, 1947, ch. 8, Sec. 3, as added Pub. L. 101-255, Sec. 1(3), Mar. 15, 1990, 104 Stat. 114, related to sale of sterile screwworms. A prior section 114d, act Feb. 28, 1947, ch. 8, Sec. 3, 61 Stat. 8, related to reports by Secretary of Agriculture to Congress with respect to activities carried on under sections 114b and 114c of this title, prior to repeal by Pub. L. 86-533, Sec. 1(20), June 29, 1960, 74 Stat. 249. Section 114d-1, act Feb. 28, 1947, ch. 8, Sec. 5, as added Pub. L. 89-521, Sec. 2, July 27, 1966, 80 Stat. 330; amended Pub. L. 101- 255, Sec. 1(5), Mar. 15, 1990, 104 Stat. 114, related to cooperation with public and private entities. SHORT TITLE Section 6 of act Feb. 28, 1947, ch. 8, as added by Pub. L. 101- 255, Sec. 1(6), Mar. 15, 1990, 104 Stat. 114, provided that the act Feb. 28, 1947, ch. 8, which enacted sections 114b to 114d-1 of this title and provisions set out as a note under former section 114b of this title, could be referred to as the "Animal Disease Control Cooperation Act of 1947". -End- -CITE- 21 USC Secs. 114d-2 to 114d-6 01/03/2007 -EXPCITE- TITLE 21 - FOOD AND DRUGS CHAPTER 4 - ANIMALS, MEATS, AND MEAT AND DAIRY PRODUCTS SUBCHAPTER III - PREVENTION OF INTRODUCTION AND SPREAD OF CONTAGION -HEAD- Secs. 114d-2 to 114d-6. Repealed. -MISC1- Secs. 114d-2 to 114d-6. Repealed. Pub. L. 92-152, Sec. 3, Nov. 5, 1971, 85 Stat. 419. Section 114d-2, Pub. L. 90-388, Sec. 1, July 6, 1968, 82 Stat. 294, provided for cooperation with Central America in control and eradication of foot-and-mouth disease or rinderpest. Section 114d-3, Pub. L. 90-388, Sec. 2, July 6, 1968, 82 Stat. 294, provided for uses of funds. Section 114d-4, Pub. L. 90-388, Sec. 3, July 6, 1968, 82 Stat. 294, defined governments of Central America. Section 114d-5, Pub. L. 90-388, Sec. 4, July 6, 1968, 82 Stat. 294, provided for cooperation with public and private organizations and individuals. Section 114d-6, Pub. L. 90-388, Sec. 5, July 6, 1968, 82 Stat. 294, provided for authorization of appropriations. -End- -CITE- 21 USC Secs. 114e to 114h 01/03/2007 -EXPCITE- TITLE 21 - FOOD AND DRUGS CHAPTER 4 - ANIMALS, MEATS, AND MEAT AND DAIRY PRODUCTS SUBCHAPTER III - PREVENTION OF INTRODUCTION AND SPREAD OF CONTAGION -HEAD- Secs. 114e to 114h. Repealed. -MISC1- Secs. 114e to 114h. Repealed. Pub. L. 107-171, title X, Sec. 10418(a)(10), (11), May 13, 2002, 116 Stat. 508. Section 114e, act June 16, 1948, ch. 477, Sec. 1, 62 Stat. 458, related to research and investigations into the control and eradication of cattle grubs. Section 114f, act June 16, 1948, ch. 477, Sec. 2, 62 Stat. 458, defined the term "State" and authorized appropriations. Section 114g, Pub. L. 87-209, Sec. 1, Sept. 6, 1961, 75 Stat. 481, related to hog cholera eradication program. Section 114h, Pub. L. 87-209, Sec. 2, Sept. 6, 1961, 75 Stat. 481, related to advisory committee. -End- -CITE- 21 USC Sec. 114i 01/03/2007 -EXPCITE- TITLE 21 - FOOD AND DRUGS CHAPTER 4 - ANIMALS, MEATS, AND MEAT AND DAIRY PRODUCTS SUBCHAPTER III - PREVENTION OF INTRODUCTION AND SPREAD OF CONTAGION -HEAD- Sec. 114i. Pseudorabies eradication -STATUTE- (a) Findings Congress finds that efforts to eradicate pseudorabies in United States swine populations by the Department of Agriculture in cooperation with State agencies and the pork industry have a high priority and should be continued until pseudorabies is completely eradicated in the United States. (b) Establishment of program The Secretary of Agriculture shall establish and carry out a program for the eradication of pseudorabies in United States swine populations. (c) Use of funds for testing and control of pseudorabies The Secretary shall ensure that not less than 65 percent of the funds appropriated for the program established under subsection (b) of this section shall be used for testing and screening of animals and for other purposes directly related to the eradication or control of pseudorabies. This requirement on the use of appropriated funds for this program shall not be implemented in a manner that would adversely affect any other animal or plant disease or pest eradication or control program. (d) Authorization of appropriations There are authorized to be appropriated for each of the fiscal years 1991 through 2007 such sums as may be necessary for the purpose of carrying out the program established under subsection (b) of this section. -SOURCE- (Pub. L. 101-624, title XXV, Sec. 2506, Nov. 28, 1990, 104 Stat. 4068; Pub. L. 104-127, title IX, Sec. 916, Apr. 4, 1996, 110 Stat. 1187; Pub. L. 107-171, title X, Sec. 10505, May 13, 2002, 116 Stat. 511.) -MISC1- AMENDMENTS 2002 - Subsec. (d). Pub. L. 107-171 substituted "2007" for "2002". 1996 - Subsec. (d). Pub. L. 104-127 substituted "2002" for "1995". -End- -CITE- 21 USC Secs. 115 to 128 01/03/2007 -EXPCITE- TITLE 21 - FOOD AND DRUGS CHAPTER 4 - ANIMALS, MEATS, AND MEAT AND DAIRY PRODUCTS SUBCHAPTER III - PREVENTION OF INTRODUCTION AND SPREAD OF CONTAGION -HEAD- Secs. 115 to 128. Repealed. -MISC1- Secs. 115 to 128. Repealed. Pub. L. 107-171, title X, Sec. 10418(a)(7), (8), (12)-(14), May 13, 2002, 116 Stat. 507, 508. Section 115, act May 29, 1884, ch. 60, Sec. 6, 23 Stat. 32; June 28, 1926, ch. 700, Sec. 1, 44 Stat. 774; Feb. 7, 1928, ch. 30, 45 Stat. 59; Pub. L. 87-763, Oct. 9, 1962, 76 Stat. 762, prohibited transportation of diseased livestock and live poultry. Section 116, act May 29, 1884, ch. 60, 23 Stat. 31; May 31, 1920, ch. 217, 41 Stat. 699, related to excepted shipment of certain cattle. Section 117, act May 29, 1884, ch. 60, Sec. 7, 23 Stat. 32; Feb. 7, 1928, ch. 30, 45 Stat. 59; Pub. L. 95-439, Sec. 1, Oct. 10, 1978, 92 Stat. 1061; Pub. L. 97-461, Sec. 5, Jan. 12, 1983, 96 Stat. 2524, related to penalties for transportation of diseased livestock or live poultry. Section 118, act May 29, 1884, ch. 60, Sec. 9, 23 Stat. 33; June 25, 1948, ch. 646, Sec. 1, 62 Stat. 909, related to duty of United States attorneys. Section 119, act May 29, 1884, ch. 60, Sec. 2, 23 Stat. 31; Feb. 9, 1889, ch. 122, Sec. 1, 25 Stat. 659; July 14, 1890, ch. 707, 26 Stat. 288; Feb. 7, 1928, ch. 30, 45 Stat. 59, related to appointment of agents to examine and report on methods of treatment of animals, and means for suppression of diseases. Section 120, act May 29, 1884, ch. 60, Secs. 4, 5, 23 Stat. 32; Feb. 2, 1903, ch. 349, Sec. 1, 32 Stat. 791; Feb. 7, 1928, ch. 30, 45 Stat. 59, related to regulation of exportation and transportation of infected livestock and live poultry. Section 121, act Feb. 2, 1903, ch. 349, Sec. 1, 32 Stat. 791; Feb. 7, 1928, ch. 30, 45 Stat. 59, related to shipments from areas suspected to be infected and to control of animals and live poultry. Section 122, act Feb. 2, 1903, ch. 349, Sec. 3, 32 Stat. 792; Pub. L. 97-461, Sec. 6, Jan. 12, 1983, 96 Stat. 2525, related to offenses and penalties. Section 123, act Mar. 3, 1905, ch. 1496, Sec. 1, 33 Stat. 1264; Feb. 7, 1928, ch. 30, 45 Stat. 59; Pub. L. 87-518, Sec. 8(a), July 2, 1962, 76 Stat. 131; Pub. L. 95-439, Sec. 2, Oct. 10, 1978, 92 Stat. 1061, related to quarantine. Section 124, act Mar. 3, 1905, ch. 1496, Sec. 2, 33 Stat. 1264; Feb. 7, 1928, ch. 30, 45 Stat. 59; Pub. L. 87-518, Sec. 8(b), July 2, 1962, 76 Stat. 131, prohibited transportation or delivery therefor from quarantined State or Territory or portion thereof, of quarantined animals and live poultry. Section 125, act Mar. 3, 1905, ch. 1496, Sec. 3, 33 Stat. 1265; Feb. 7, 1928, ch. 30, 45 Stat. 59; Pub. L. 87-518, Sec. 8(b), July 2, 1962, 76 Stat. 131; Pub. L. 95-439, Sec. 3, Oct. 10, 1978, 92 Stat. 1061, related to regulations for inspection, disinfection, and certification, and delivery and shipment of quarantined animals and live poultry from State or Territory. Section 126, act Mar. 3, 1905, ch. 1496, Sec. 4, 33 Stat. 1265; Feb. 7, 1928, ch. 30, 45 Stat. 59; Pub. L. 87-518, Sec. 8(b), July 2, 1962, 76 Stat. 131, related to moving quarantined animals and live poultry from State or Territory, under regulations. Section 127, act Mar. 3, 1905, ch. 1496, Sec. 6, 33 Stat. 1265; Pub. L. 97-461, Sec. 7, Jan. 12, 1983, 96 Stat. 2525, related to penalties for transportation from quarantined State, Territory, etc. Section 128, act June 30, 1914, ch. 131, 38 Stat. 419; Pub. L. 87- 518, Sec. 9, July 2, 1962, 76 Stat. 131, related to extension of quarantine law to carriers in interstate commerce. SHORT TITLE Act Mar. 3, 1905, ch. 1496, 33 Stat. 1264, which enacted sections 123 to 127 of this title, was popularly known as the "Cattle Contagious Diseases Act of 1905". -End- -CITE- 21 USC Sec. 129 01/03/2007 -EXPCITE- TITLE 21 - FOOD AND DRUGS CHAPTER 4 - ANIMALS, MEATS, AND MEAT AND DAIRY PRODUCTS SUBCHAPTER III - PREVENTION OF INTRODUCTION AND SPREAD OF CONTAGION -HEAD- Sec. 129. Omitted -COD- CODIFICATION Section, Pub. L. 107-76, title I, Nov. 28, 2001, 115 Stat. 712, related to transfer of funds for emergency arrest of animal, poultry, or plant diseases or pests, and was from the Agriculture, Rural Development, Food and Drug Administration, and Related Agencies Appropriations Act, 2002. Similar provisions which are permanent are classified to sections 7772 and 8316 of Title 7, Agriculture. -MISC1- PRIOR PROVISIONS Provisions similar to those in this section were contained in the following prior appropriation acts: Pub. L. 106-387, Sec. 1(a) [title I], Oct. 28, 2000, 114 Stat. 1549, 1549A-9, repealed by Pub. L. 107-171, title X, Sec. 10418(a)(15), May 13, 2002, 116 Stat. 508. Pub. L. 106-78, title I, Oct. 22, 1999, 113 Stat. 1143. Pub. L. 105-277, div. A, Sec. 101(a) [title I], Oct. 21, 1998, 112 Stat. 2681, 2681-8. Pub. L. 105-86, title I, Nov. 18, 1997, 111 Stat. 2086. Pub. L. 104-180, title I, Aug. 6, 1996, 110 Stat. 1576. Pub. L. 104-37, title I, Oct. 21, 1995, 109 Stat. 307. Pub. L. 103-330, title I, Sept. 30, 1994, 108 Stat. 2443. Pub. L. 103-111, title I, Oct. 21, 1993, 107 Stat. 1054. Pub. L. 102-341, title I, Aug. 14, 1992, 106 Stat. 882. Pub. L. 102-142, title I, Oct. 28, 1991, 105 Stat. 886. Pub. L. 101-506, title I, Nov. 5, 1990, 104 Stat. 1323. Pub. L. 101-161, title I, Nov. 21, 1989, 103 Stat. 959. Pub. L. 100-460, title I, Oct. 1, 1988, 102 Stat. 2237. Pub. L. 100-202, Sec. 101(k) [title I], Dec. 22, 1987, 101 Stat. 1329-322, 1329-331. Pub. L. 99-500, Sec. 101(a) [title I], Oct. 18, 1986, 100 Stat. 1783, 1783-8, and Pub. L. 99-591, Sec. 101(a) [title I], Oct. 30, 1986, 100 Stat. 3341, 3341-8. Pub. L. 99-190, Sec. 101(a) [H.R. 3037, title I], Dec. 19, 1985, 99 Stat. 1185; Pub. L. 100-202, Sec. 106, Dec. 22, 1987, 101 Stat. 1329-433. Pub. L. 97-370, title I, Dec. 18, 1982, 96 Stat. 1792. Pub. L. 97-103, title I, Dec. 23, 1981, 95 Stat. 1472. Pub. L. 96-528, title I, Dec. 15, 1980, 94 Stat. 3099. Pub. L. 96-108, title I, Nov. 9, 1979, 93 Stat. 826. Pub. L. 95-448, title I, Oct. 11, 1978, 92 Stat. 1076. Pub. L. 95-97, title I, Aug. 12, 1977, 91 Stat. 813. Pub. L. 94-351, title I, July 12, 1976, 90 Stat. 854. Pub. L. 94-122, title I, Oct. 21, 1975, 89 Stat. 645. Pub. L. 93-563, title I, Dec. 31, 1974, 88 Stat. 1824. Pub. L. 93-135, title I, Oct. 24, 1973, 87 Stat. 472. Pub. L. 92-399, title I, Aug. 22, 1972, 86 Stat. 594. Pub. L. 92-73, title I, Aug. 10, 1971, 85 Stat. 185. Pub. L. 91-566, title I, Dec. 22, 1970, 84 Stat. 1482. Pub. L. 91-127, title I, Nov. 26, 1969, 83 Stat. 246. Pub. L. 90-463, title I, Aug. 8, 1968, 82 Stat. 640. Pub. L. 90-113, title I, Oct. 24, 1967, 81 Stat. 321. Pub. L. 89-556, title I, Sept. 7, 1966, 80 Stat. 690. Pub. L. 89-316, title I, Nov. 2, 1965, 79 Stat. 1166. Pub. L. 88-573, title I, Sept. 2, 1964, 78 Stat. 863. Pub. L. 88-250, title I, Dec. 30, 1963, 77 Stat. 821. Pub. L. 87-879, title I, Oct. 24, 1962, 76 Stat. 1204. Pub. L. 87-112, title I, July 26, 1961, 75 Stat. 228. Pub. L. 86-532, title I, June 29, 1960, 74 Stat. 233. Pub. L. 86-80, title I, July 8, 1959, 73 Stat. 168. Pub. L. 85-459, title I, June 13, 1958, 72 Stat. 189. Pub. L. 85-118, title I, Aug. 2, 1957, 71 Stat. 330. June 4, 1956, ch. 355, title I, 70 Stat. 230. May 23, 1955, ch. 43, title I, 69 Stat. 52. June 29, 1954, ch. 409, title I, 68 Stat. 305. July 28, 1953, ch. 251, title III, 67 Stat. 223. July 5, 1952, ch. 574, title III, 66 Stat. 354. Aug. 31, 1951, ch. 374, title II, 65 Stat. 243. Sept. 6, 1950, ch. 896, Ch. VI, title I, 64 Stat. 661. June 29, 1949, ch. 280, title I, 63 Stat. 332. June 19, 1948, ch. 543, 62 Stat. 515. July 30, 1947, ch. 356, title I, 61 Stat. 532. June 22, 1946, ch. 445, 60 Stat. 278. May 5, 1945, ch. 109, 59 Stat. 144. June 28, 1944, ch. 296, 58 Stat. 434. July 12, 1943, ch. 215, 57 Stat. 403. July 22, 1942, ch. 516, 56 Stat. 676. July 1, 1941, ch. 267, 55 Stat. 418. June 25, 1940, ch. 421, 54 Stat. 542. June 30, 1939, ch. 253, title I, 53 Stat. 951. June 16, 1938, ch. 464, title I, 52 Stat. 722. June 29, 1937, ch. 404, 50 Stat. 406. June 4, 1936, ch. 489, 49 Stat. 1432. May 17, 1935, ch. 131, title I, 49 Stat. 257. Mar. 26, 1934, ch. 89, 48 Stat. 477. Mar. 3, 1933, ch. 203, 47 Stat. 1442. July 7, 1932, ch. 443, 47 Stat. 620. Feb. 23, 1931, ch. 278, 46 Stat. 1252. May 27, 1930, ch. 341, 46 Stat. 403. Feb. 16, 1929, ch. 227, 45 Stat. 1198. May 16, 1928, ch. 572, 45 Stat. 548. Jan. 18, 1927, ch. 39, 44 Stat. 1005. May 11, 1926, ch. 286, 44 Stat. 529. Feb. 10, 1925, ch. 200, 43 Stat. 851. Dec. 5, 1924, ch. 4, 43 Stat. 683. June 5, 1924, ch. 266, 43 Stat. 458. Apr. 2, 1924, ch. 81, 43 Stat. 40. Feb. 26, 1923, ch. 119, 42 Stat. 1318. May 11, 1922, ch. 185, 42 Stat. 536. Mar. 4, 1917, ch. 179, 39 Stat. 1167. -End- -CITE- 21 USC Secs. 129a to 131 01/03/2007 -EXPCITE- TITLE 21 - FOOD AND DRUGS CHAPTER 4 - ANIMALS, MEATS, AND MEAT AND DAIRY PRODUCTS SUBCHAPTER III - PREVENTION OF INTRODUCTION AND SPREAD OF CONTAGION -HEAD- Secs. 129a to 131. Repealed. -MISC1- Secs. 129a to 131. Repealed. Pub. L. 107-171, title X, Sec. 10418(a)(1), (8), (16), May 13, 2002, 116 Stat. 507, 508. Section 129a, Pub. L. 97-46, Sec. 1, Sept. 25, 1981, 95 Stat. 953; Pub. L. 106-224, title IV, Sec. 438(b), June 20, 2000, 114 Stat. 454, related to transfer of funds for emergency arrest of animal or poultry diseases. Section was formerly classified to section 147b of Title 7, Agriculture. Section 130, act May 29, 1884, ch. 60, Sec. 8, 23 Stat. 33; 1967 Reorg. Plan No. 3, Sec. 402(430), eff. Aug. 11, 1967, 32 F.R. 11669, 81 Stat. 948; Pub. L. 93-198, title IV, Sec. 401, Dec. 24, 1973, 87 Stat. 793, related to pleuropneumonia in District of Columbia and duties of Council of the District of Columbia. Section 131, act May 26, 1910, ch. 256, 36 Stat. 440, related to fences along international boundary lines to keep out diseased animals. EFFECTIVE DATE Pub. L. 97-46, Sec. 2, Sept. 25, 1981, 95 Stat. 953, provided that section 129a of this title was to become effective Sept. 25, 1981, prior to repeal by Pub. L. 107-171, title X, Sec. 10418(a)(1), May 13, 2002, 116 Stat. 507. -End- -CITE- 21 USC Sec. 132 01/03/2007 -EXPCITE- TITLE 21 - FOOD AND DRUGS CHAPTER 4 - ANIMALS, MEATS, AND MEAT AND DAIRY PRODUCTS SUBCHAPTER III - PREVENTION OF INTRODUCTION AND SPREAD OF CONTAGION -HEAD- Sec. 132. Transferred -COD- CODIFICATION Section, act May 23, 1908, ch. 192, 35 Stat. 254, which related to inspection of dairy products for export, was transferred to section 693 of this title. -End- -CITE- 21 USC Sec. 133 01/03/2007 -EXPCITE- TITLE 21 - FOOD AND DRUGS CHAPTER 4 - ANIMALS, MEATS, AND MEAT AND DAIRY PRODUCTS SUBCHAPTER III - PREVENTION OF INTRODUCTION AND SPREAD OF CONTAGION -HEAD- Sec. 133. Repealed. -MISC1- Sec. 133. Repealed. July 13, 1949, ch. 307, 63 Stat. 410. Section, act July 24, 1946, ch. 592, 60 Stat. 633, related to establishment of a quarantine station on Swan Island. -End- -CITE- 21 USC Secs. 134 to 135b 01/03/2007 -EXPCITE- TITLE 21 - FOOD AND DRUGS CHAPTER 4 - ANIMALS, MEATS, AND MEAT AND DAIRY PRODUCTS SUBCHAPTER III - PREVENTION OF INTRODUCTION AND SPREAD OF CONTAGION -HEAD- Secs. 134 to 135b. Repealed. -MISC1- Secs. 134 to 135b. Repealed. Pub. L. 107-171, title X, Sec. 10418(a)(17), (18), May 13, 2002, 116 Stat. 508. Section 134, Pub. L. 87-518, Sec. 1, July 2, 1962, 76 Stat. 129, related to definitions for Pub. L. 87-518. Section 134a, Pub. L. 87-518, Sec. 2, July 2, 1962, 76 Stat. 129, related to seizure, quarantine, and disposal of livestock or poultry to guard against introduction or dissemination of communicable disease. Section 134b, Pub. L. 87-518, Sec. 3, July 2, 1962, 76 Stat. 130, related to regulations for clean and sanitary movement of animals. Section 134c, Pub. L. 87-518, Sec. 4, July 2, 1962, 76 Stat. 130, related to regulations for movement of animals affected or exposed to communicable disease. Section 134d, Pub. L. 87-518, Sec. 5, July 2, 1962, 76 Stat. 130, related to inspections, seizures, and issuance of warrants. Section 134e, Pub. L. 87-518, Sec. 6, July 2, 1962, 76 Stat. 131; Pub. L. 97-461, Sec. 8, Jan. 12, 1983, 96 Stat. 2525, related to enforcement provisions. Section 134f, Pub. L. 87-518, Sec. 11, July 2, 1962, 76 Stat. 132, related to promulgation of regulations. Section 134g, Pub. L. 87-518, Sec. 12, July 2, 1962, 76 Stat. 132, related to authority in addition to other laws and repeal of inconsistent provisions. Section 134h, Pub. L. 87-518, Sec. 13, July 2, 1962, 76 Stat. 132, related to separability. Section 135, Pub. L. 91-239, Sec. 1, May 6, 1970, 84 Stat. 202; Pub. L. 103-465, title IV, Sec. 431(j), Dec. 8, 1994, 108 Stat. 4969, related to the establishment of international animal quarantine station, acceptance of gifts, cooperation with breeders' organizations, and collection of fees. Section 135a, Pub. L. 91-239, Sec. 2, May 6, 1970, 84 Stat. 202; Pub. L. 97-461, Sec. 9, Jan. 12, 1983, 96 Stat. 2525, related to smuggling penalties. Section 135b, Pub. L. 91-239, Sec. 3, May 6, 1970, 84 Stat. 202, related to authorization of appropriations. -End- -CITE- 21 USC Sec. 136 01/03/2007 -EXPCITE- TITLE 21 - FOOD AND DRUGS CHAPTER 4 - ANIMALS, MEATS, AND MEAT AND DAIRY PRODUCTS SUBCHAPTER III - PREVENTION OF INTRODUCTION AND SPREAD OF CONTAGION -HEAD- Sec. 136. Additional inspection services -STATUTE- The Secretary of Agriculture, in carrying out regulations prohibiting or restricting the entry of materials that may harbor pests, or diseases, is authorized to enter into agreements with operators or owners of vessels or aircraft for the purpose of providing inspection services at points of entry in the United States in addition to the regular or on-call basis currently available in connection with such vessels or aircraft. Any such agreement shall provide for the payment by the operator or owner of an amount determined by the Secretary to be necessary to defray the costs of providing additional service pursuant to such agreement. -SOURCE- (Pub. L. 101-624, title XXV, Sec. 2508, Nov. 28, 1990, 104 Stat. 4069.) -End- -CITE- 21 USC Sec. 136a 01/03/2007 -EXPCITE- TITLE 21 - FOOD AND DRUGS CHAPTER 4 - ANIMALS, MEATS, AND MEAT AND DAIRY PRODUCTS SUBCHAPTER III - PREVENTION OF INTRODUCTION AND SPREAD OF CONTAGION -HEAD- Sec. 136a. Collection of fees for inspection services -STATUTE- (a) Quarantine and inspection fees (1) Fees authorized The Secretary of Agriculture may prescribe and collect fees sufficient - (A) to cover the cost of providing agricultural quarantine and inspection services in connection with the arrival at a port in the customs territory of the United States, or the preclearance or preinspection at a site outside the customs territory of the United States, of an international passenger, commercial vessel, commercial aircraft, commercial truck, or railroad car; (B) to cover the cost of administering this subsection; and (C) through fiscal year 2002, to maintain a reasonable balance in the Agricultural Quarantine Inspection User Fee Account established under paragraph (5). (2) Limitation In setting the fees under paragraph (1), the Secretary shall ensure that the amount of the fees is commensurate with the costs of agricultural quarantine and inspection services with respect to the class of persons or entities paying the fees. The costs of the services with respect to passengers as a class includes the costs of related inspections of the aircraft or other vehicle. (3) Status of fees Fees collected under this subsection by any person on behalf of the Secretary are held in trust for the United States and shall be remitted to the Secretary in such manner and at such times as the Secretary may prescribe. (4) Late payment penalties If a person subject to a fee under this subsection fails to pay the fee when due, the Secretary shall assess a late payment penalty, and the overdue fees shall accrue interest, as required by section 3717 of title 31. (5) Agricultural quarantine inspection user fee account (A) Establishment There is established in the Treasury of the United States a fund, to be known as the "Agricultural Quarantine Inspection User Fee Account", which shall contain all of the fees collected under this subsection and late payment penalties and interest charges collected under paragraph (4) through fiscal year 2002. (B) Use of account For each of fiscal years 1996 through 2002, funds in the Agricultural Quarantine Inspection User Fee Account shall be available, in such amounts as are provided in advance in appropriations Acts, to cover the costs associated with the provision of agricultural quarantine and inspection services and the administration of this subsection. Amounts made available under this subparagraph shall be available until expended. (C) Excess fees Fees and other amounts collected under this subsection in any of fiscal years 1996 through 2002 in excess of $100,000,000 shall be available for the purposes specified in subparagraph (B) until expended, without further appropriation. (6) Use of amounts collected after fiscal year 2002 After September 30, 2002, the unobligated balance in the Agricultural Quarantine Inspection User Fee Account and fees and other amounts collected under this subsection shall be credited to the Department of Agriculture accounts that incur the costs associated with the provision of agricultural quarantine and inspection services and the administration of this subsection. The fees and other amounts shall remain available to the Secretary until expended without fiscal year limitation. (7) Staff years The number of full-time equivalent positions in the Department of Agriculture attributable to the provision of agricultural quarantine and inspection services and the administration of this subsection shall not be counted toward the limitation on the total number of full-time equivalent positions in all agencies specified in section 5(b) of the Federal Workforce Restructuring Act of 1994 (Public Law 103-226; 5 U.S.C. 3101 note) or other limitation on the total number of full-time equivalent positions. (b) Omitted (c) Animal inspection and veterinary diagnostics (1) Animal inspection The Secretary may prescribe and collect fees to reimburse the Secretary for the cost of carrying out the provisions of the Federal Animal Quarantine Laws that relate to the importation, entry, and exportation of animals, articles, or means of conveyance. (2) Veterinary diagnostics The Secretary may prescribe and collect fees to recover the costs of carrying out the provisions of the Animal Health Protection Act [7 U.S.C. 8301 et seq.] that relate to veterinary diagnostics. (3) Fees All fees collected pursuant to this subsection and any late payment penalties or accrued interest collected pursuant to this subsection shall be credited to the accounts that incur the cost and shall remain available until expended without fiscal year limitation. (4) Liability Any person for whom an activity related to the importation, entry, or exportation of an animal, article, or means of conveyance or relating to veterinary diagnostics, is performed pursuant to the section, shall be liable for payment of fees assessed. Upon failure to pay such fees when due, the Secretary shall assess a late payment penalty, and such overdue fees shall accrue interest, as required by section 3717 of title 31. All fees, late payment penalties, and accrued interest collected shall be credited to such accounts that incur the costs and shall remain available until expended without fiscal year limitation. (5) Leins (!1) (A) In general The Secretary shall have a lien against the animal, article, means of conveyance, or facility for which services have been provided under this section for the fees, any late payment penalty, and any accrued interest assessed under this subsection. (B) Other animals, etc. In the case of any person who fails to make payment when due under this subsection, the Secretary shall have a lien against any animal, article, or means of conveyance thereafter imported, moved in interstate commerce, or attempted to be exported by the person after the date of such failure until the date on which such owner or operator make (!2) full payment to the Secretary under this subsection. (C) Sales of animals, etc. (i) Authority The Secretary may, if a person does not pay fees, late payment penalties, or accrued interest on such, after providing reasonable notice of default to such person, sell at public sale after reasonable public notice, or otherwise dispose of, any such animal, article, means of conveyance or facility on which the Secretary has a lien under this paragraph. (ii) Excess proceeds If the sale proceeds under clause (i) exceed the fees due, any late payment penalty assessed, any accrued interest on such, and the expenses associated with the sale, such excess shall be paid to the owner of the animal, article, means of conveyance, or facility if such owner submits an application for such excess together with proof of ownership not later than 6 months after the date of such sale. If no such application is made, such excess shall be credited to accounts that incur the costs associated with the fees collected and shall remain available until expended, without fiscal year limitation. The Secretary shall suspend performance of services to persons who have failed to pay fees, late payment penalty, or accrued interest under this section. (d) Regulations The Secretary may prescribe such regulations as the Secretary determines necessary to carry out the provisions of this section. (e) Recovery of amounts owed An action may be brought for the recovery of fees, late payment penalties, and accrued interest which have not been paid in accordance with this section against any person obligated for payment of such assessments under this section in any United States district court or other United States court for any territory or possession in any jurisdiction in which such person is found or resides or transacts business, and such court shall have jurisdiction to hear and decide such action. (f) Definitions (1) Animal quarantine laws For purposes of this section, the term "animal quarantine laws" means - (A) section 306 of the Tariff Act of 1930 (!3) (19 U.S.C. 1306); (B) section 9 of the Act of August 30, 1890 (21 U.S.C. 101); (C) the Animal Health Protection Act [7 U.S.C. 8301 et seq.]; or (D) any other Act administered by the Secretary relating to plant or animal diseases or pests. (2) Customs territory For the purposes of subsection (a) of this section, the term "customs territory of the United States" means the 50 States, the District of Columbia, and Puerto Rico. (3) Person For the purposes of this section, the term "person" means an individual, corporation, partnership, trust, association, or any other public or private entity, or any officer, employee, or agent thereof. (4) United States For the purposes of subsection (b) of this section, the term "United States" means the several States of the United States, the District of Columbia, Guam, the Commonwealth of the Northern Mariana Islands, the Commonwealth of Puerto Rico, the Virgin Islands of the United States, and all other territories and possessions of the United States. (5) Vessel For the purposes of subsection (a) of this section, the term "vessel" does not include any ferry. -SOURCE- (Pub. L. 101-624, title XXV, Sec. 2509, Nov. 28, 1990, 104 Stat. 4069; Pub. L. 101-508, title I, Sec. 1203, Nov. 5, 1990, 104 Stat. 1388-11; Pub. L. 102-237, title X, Sec. 1015, Dec. 13, 1991, 105 Stat. 1902; Pub. L. 104-127, title IX, Sec. 917, Apr. 4, 1996, 110 Stat. 1187; Pub. L. 107-171, title X, Sec. 10418(b)(5), May 13, 2002, 116 Stat. 509.) -REFTEXT- REFERENCES IN TEXT The Animal Health Protection Act, referred to in subsecs. (c)(2), (f)(1)(C), is subtitle E (Secs. 10401-10418) of title X of Pub. L. 107-171, May 13, 2002, 116 Stat. 494, which is classified principally to chapter 109 (Sec. 8301 et seq.) of Title 7, Agriculture. For complete classification of this Act to the Code, see Short Title note set out under section 8301 of Title 7 and Tables. Section 306 of the Tariff Act of 1930 (19 U.S.C. 1306), referred to in subsec. (f)(1)(A), was repealed by Pub. L. 107-171, title X, Sec. 10418(a)(5), May 13, 2002, 116 Stat. 507. -COD- CODIFICATION Section is comprised of section 2509 of Pub. L. 101-624. Subsec. (b) and another subsec. (c)(2) of section 2509 of Pub. L. 101-624 amended section 7759(f) of Title 7, Agriculture, and section 114a of this title, respectively. -MISC1- AMENDMENTS 2002 - Subsec. (c)(2). Pub. L. 107-171, Sec. 10418(b)(5)(A), added par. (2) relating to veterinary diagnostics. Subsec. (f)(1)(B) to (O). Pub. L. 107-171, Sec. 10418(b)(5)(B), added subpars. (B) to (D) and struck out former subpars. (B) to (O), which read as follows: "(B) sections 6 through 10 of the Act of August 30, 1890 (26 Stat. 416, chapter 839; 21 U.S.C. 101-105); "(C) section 2 of the Act of February 2, 1903 (32 Stat. 792, chapter 349; 21 U.S.C. 111); "(D) the Act of May 29, 1884 (23 Stat. 32, chapter 60; 21 U.S.C. 112 to 114a-1, 115, 117-119, and 130) (commonly known as the 'Animal Industry Act'); "(E) the Act of February 28, 1947 (61 Stat. 7, chapter 8; 21 U.S.C. 114b, 114c, and 114d-1); "(F) the Act of June 16, 1948 (62 Stat. 458, chapter 477; 21 U.S.C. 114e and 114f); "(G) Public Law 87-209 (21 U.S.C. 114g and 114h); "(H) the Act of May 31, 1920 (41 Stat. 699, chapter 217; 21 U.S.C. 116); "(I) the Act of February 2, 1903 (32 Stat. 791, chapter 349; 21 U.S.C. 112 and 120-122) (commonly known as the 'Cattle Contagious Diseases Act of 1903'); "(J) the Act of March 3, 1905 (33 Stat. 1264, chapter 1496; 21 U.S.C. 123-127) (commonly known as the 'Cattle Contagious Diseases Act of 1905'); "(K) the matter under the heading 'Bureau of Animal Industry' of the Act of June 30, 1914 (38 Stat. 419, chapter 131; 21 U.S.C. 128); "(L) section 101 of Public Law 92-73 (21 U.S.C. 129); "(M) the matter under the heading 'Miscellaneous' of the Act of May 26, 1910 (36 Stat. 440, chapter 256; 21 U.S.C. 131); "(N) sections 1 through 6 and 11 through 13 of Public Law 87-518 (21 U.S.C. 134-134h); or "(O) any other Act administered by the Secretary relating to plant or animal diseases or pests, other than the first section of Public Law 91-239 (21 U.S.C. 135)." 1996 - Subsec. (a). Pub. L. 104-127 added subsec. (a) and struck out heading and text of former subsec. (a) which consisted of pars. (1) to (4) relating to quarantine, inspection, and transportation fees. 1991 - Subsec. (a)(1). Pub. L. 102-237, Sec. 1015(1), designated existing provisions as subpar. (A), realigned margin, added heading, and added subpars. (B) to (D). Subsec. (a)(3)(B)(ii). Pub. L. 102-237, Sec. 1015(2), added cl. (ii) and struck out former cl. (ii) which read as follows: "The Secretary of Treasury shall use the Account to provide reimbursements to any appropriations accounts that incur the costs associated with the services authorized in paragraph (1). Any such reimbursement shall be subject to appropriations under clause (v)." Subsec. (a)(4). Pub. L. 102-237, Sec. 1015(3), substituted "Subject to the limits set forth in paragraph (1), the" for "The". 1990 - Subsec. (a)(1). Pub. L. 101-508, Sec. 1203(1), substituted "an international passenger, commercial vessel, commercial aircraft, commercial truck, or railroad car." for "a commercial vessel, commercial aircraft, commercial truck, or railroad car,". Subsec. (a)(3)(B)(ii). Pub. L. 101-508, Sec. 1203(2)(A), inserted at end "Any such reimbursement shall be subject to appropriations under clause (v)." Subsec. (a)(3)(B)(v). Pub. L. 101-508, Sec. 1203(2)(B), added cl. (v). EFFECTIVE DATE OF 1990 AMENDMENT Amendment by Pub. L. 101-508 effective Nov. 29, 1990, see section 1301 of Pub. L. 101-508, set out as an Effective Date note under section 940d of Title 7, Agriculture. REPORT ON AGRICULTURAL QUARANTINE INSPECTION FUND Pub. L. 104-66, title I, Sec. 1012(c), Dec. 21, 1995, 109 Stat. 712, provided that: "The Secretary of Agriculture shall not be required to submit a report to the appropriate committees of Congress on the status of the Agricultural Quarantine Inspection fund more frequently than annually." -FOOTNOTE- (!1) So in original. Probably should be "Liens". (!2) So in original. Probably should be "makes". (!3) See References in Text note below. -End- -CITE- 21 USC SUBCHAPTER IV - IMPORTATION OF MILK AND CREAM 01/03/2007 -EXPCITE- TITLE 21 - FOOD AND DRUGS CHAPTER 4 - ANIMALS, MEATS, AND MEAT AND DAIRY PRODUCTS SUBCHAPTER IV - IMPORTATION OF MILK AND CREAM -HEAD- SUBCHAPTER IV - IMPORTATION OF MILK AND CREAM -MISC1- FEDERAL FOOD, DRUG, AND COSMETIC ACT By virtue of act June 25, 1938, ch. 675, Sec. 902(c), 52 Stat. 1059 [section 392(b) of this title], nothing contained in section 301 et seq. of this title shall be construed as in any way affecting, modifying, repealing, or superseding the provisions of this subchapter. -End- -CITE- 21 USC Sec. 141 01/03/2007 -EXPCITE- TITLE 21 - FOOD AND DRUGS CHAPTER 4 - ANIMALS, MEATS, AND MEAT AND DAIRY PRODUCTS SUBCHAPTER IV - IMPORTATION OF MILK AND CREAM -HEAD- Sec. 141. Prohibition of importation without permit -STATUTE- On and after May 16, 1927, the importation into the United States of milk and cream is prohibited unless the person by whom such milk or cream is shipped or transported into the United States holds a valid permit from the Secretary of Health and Human Services. -SOURCE- (Feb. 15, 1927, ch. 155, Sec. 1, 44 Stat. 1101; 1940 Reorg. Plan No. IV, Sec. 12, eff. June 30, 1940, 5 F.R. 2421, 54 Stat. 1237; 1953 Reorg. Plan No. 1, Sec. 5, eff. Apr. 11, 1953, 18 F.R. 2053, 67 Stat. 631; Pub. L. 96-88, title V, Sec. 509(b), Oct. 17, 1979, 93 Stat. 695.) -CHANGE- CHANGE OF NAME "Secretary of Health and Human Services" substituted 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, Education. -MISC1- SHORT TITLE Act July 12, 1943, ch. 221, title II, 57 Stat. 499, provided in part that act Feb. 15, 1927, which is classified to this subchapter, may be cited as "Import Milk Act". -TRANS- TRANSFER OF FUNCTIONS For transfer of functions of Federal Security Administrator 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. -End- -CITE- 21 USC Sec. 142 01/03/2007 -EXPCITE- TITLE 21 - FOOD AND DRUGS CHAPTER 4 - ANIMALS, MEATS, AND MEAT AND DAIRY PRODUCTS SUBCHAPTER IV - IMPORTATION OF MILK AND CREAM -HEAD- Sec. 142. Milk or cream when unfit for importation -STATUTE- Milk or cream shall be considered unfit for importation (1) when all cows producing such milk or cream are not healthy and a physical examination of all such cows has not been made within one year previous to such milk being offered for importation; (2) when such milk or cream, if raw, is not produced from cows which have passed a tuberculin test applied by a duly authorized official veterinarian of the United States, or of the country in which such milk or cream is produced, within one year previous to the time of the importation, showing that such cows are free from tuberculosis; (3) when the sanitary conditions of the dairy farm or plant in which such milk or cream is produced or handled do not score at least fifty points out of one hundred points according to the methods for scoring as provided by the score cards used by the Bureau of Dairy Industry of the United States Department of Agriculture at the time such dairy farms or plants are scored; (4) in the case of raw milk if the number of bacteria per cubic centimeter exceeds three hundred thousand and in the case of raw cream seven hundred and fifty thousand, in the case of pasteurized milk if the number of bacteria per cubic centimeter exceeds one hundred thousand, and in the case of pasteurized cream five hundred thousand; (5) when the temperature of milk or cream at the time of importation exceeds fifty degrees Fahrenheit. -SOURCE- (Feb. 15, 1927, ch. 155, Sec. 2, 44 Stat. 1101.) -TRANS- TRANSFER OF FUNCTIONS Agricultural Research Service became the successor to functions of Bureau of Dairy Industry under Secretary of Agriculture's Memorandum 1320, Supplement 4, Nov. 2, 1953. -End- -CITE- 21 USC Sec. 143 01/03/2007 -EXPCITE- TITLE 21 - FOOD AND DRUGS CHAPTER 4 - ANIMALS, MEATS, AND MEAT AND DAIRY PRODUCTS SUBCHAPTER IV - IMPORTATION OF MILK AND CREAM -HEAD- Sec. 143. Inspection; certified statement in lieu thereof; waiver of requirements of section 142; regulations; suspension and revocation of permits -STATUTE- The Secretary of Health and Human Services shall cause such inspections to be made as are necessary to insure that milk and cream are so produced and handled as to comply with the provisions of section 142 of this title, and in all cases when he finds that such milk and/or cream is produced and handled so as not to be unfit for importation under clauses 1, 2, and 3 of section 142 of this title, he shall issue to persons making application therefor permits to ship milk and/or cream into the United States: Provided, That in lieu of the inspections to be made by or under the direction of the Secretary he may, in his discretion, accept a duly certified statement signed by a duly accredited official of an authorized department of any foreign government and/or of any State of the United States or any municipality thereof that the provisions in clauses 1, 2, and 3 of section 142 of this title have been complied with. Such certificate of the accredited official of an authorized department of any foreign government shall be in the form prescribed by the Secretary, who is authorized and directed to prescribe such form as well as rules and regulations regulating the issuance of permits to import milk or cream into the United States. The Secretary is authorized, in his discretion, to waive the requirement of clause 4 of section 142 of this title when issuing permits to operators of condenseries in which milk and/or cream is used when sterilization of the milk and/or cream is a necessary process: Provided, however, That no milk and/or cream shall be imported whose bacterial count per cubic centimeter in any event exceeds one million two hundred thousand: Provided, further, That such requirements shall not be waived unless the farm producing such milk to be imported is within a radius of fifteen miles of the condensery in which it is to be processed: Provided further, That if milk and/or cream imported when the requirements of clause 4 of section 142 of this title, have been so waived, is sold, used, or disposed of in its raw state or otherwise than as condensed milk by any person, the permit shall be revoked and the importer shall be subject to fine, imprisonment, or other penalty prescribed by this subchapter. The Secretary is directed to waive the requirements of clauses 2 and 5 of section 142 of this title insofar as the same relate to milk when issuing permits to operators of, or to producers for delivery to, creameries and condensing plants in the United States within twenty miles of the point of production of the milk, and who import no raw milk except for pasteurization or condensing: Provided, That if milk imported when the requirements of clauses 2 and 5 of section 142 of this title have been so waived is sold, used, or disposed of in its raw state, or otherwise than as pasteurized, condensed, or evaporated milk by any person, the permit shall be revoked and the importer shall be subjected to fine, imprisonment, or other penalty prescribed by this subchapter. The Secretary is authorized and directed to make and enforce such regulations as may in his judgment be necessary to carry out the purpose of this subchapter for the handling of milk and cream, for the inspection of milk, cream, cows, barns, and other facilities used in the production and handling of milk and/or cream and the handling, keeping, transporting, and importing of milk and/or cream: Provided, however, That unless and until the Secretary shall provide for inspections to ascertain that clauses 1, 2, and 3 of section 142 of this title have been complied with, the Secretary shall issue temporary permits to any applicants therefor to ship or transport milk and/or cream into the United States. The Secretary is authorized to suspend or revoke any permit for the shipment of milk or cream into the United States when he shall find that the holder thereof has failed to comply with the provisions of or has violated this subchapter or any of the regulations made hereunder, or that the milk and/or cream brought or shipped by the holder of such permit into the United States is not produced and handled in conformity with, or that the quality thereof does not conform to, all of the provisions of section 142 of this title. -SOURCE- (Feb. 15, 1927, ch. 155, Sec. 3, 44 Stat. 1102; 1940 Reorg. Plan No. IV, Sec. 12, eff. June 30, 1940, 5 F.R. 2421, 54 Stat. 1237; 1953 Reorg. Plan No. 1, Sec. 5, eff. Apr. 11, 1953, 18 F.R. 2053, 67 Stat. 631; Pub. L. 96-88, title V, Sec. 509(b), Oct. 17, 1979, 93 Stat. 695.) -CHANGE- CHANGE OF NAME "Secretary of Health and Human Services" substituted 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, Education. -TRANS- TRANSFER OF FUNCTIONS For transfer of functions of Federal Security Administrator 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. -End- -CITE- 21 USC Sec. 144 01/03/2007 -EXPCITE- TITLE 21 - FOOD AND DRUGS CHAPTER 4 - ANIMALS, MEATS, AND MEAT AND DAIRY PRODUCTS SUBCHAPTER IV - IMPORTATION OF MILK AND CREAM -HEAD- Sec. 144. Unlawful receiving of imported milk or cream -STATUTE- It shall be unlawful for any person in the United States to receive milk or cream imported into the United States unless the importation is in accordance with the provisions of this subchapter. -SOURCE- (Feb. 15, 1927, ch. 155, Sec. 4, 44 Stat. 1103.) -End- -CITE- 21 USC Sec. 145 01/03/2007 -EXPCITE- TITLE 21 - FOOD AND DRUGS CHAPTER 4 - ANIMALS, MEATS, AND MEAT AND DAIRY PRODUCTS SUBCHAPTER IV - IMPORTATION OF MILK AND CREAM -HEAD- Sec. 145. Penalties -STATUTE- Any person who knowingly violates any provision of this subchapter shall, in addition to all other penalties prescribed by law, be punished by a fine of not less than $50 nor more than $2,000, or by imprisonment for not more than one year, or by both such fine and imprisonment. -SOURCE- (Feb. 15, 1927, ch. 155, Sec. 5, 44 Stat. 1103.) -End- -CITE- 21 USC Sec. 146 01/03/2007 -EXPCITE- TITLE 21 - FOOD AND DRUGS CHAPTER 4 - ANIMALS, MEATS, AND MEAT AND DAIRY PRODUCTS SUBCHAPTER IV - IMPORTATION OF MILK AND CREAM -HEAD- Sec. 146. Authorization of appropriations -STATUTE- There is authorized to be appropriated, out of any moneys in the Treasury not otherwise appropriated, the sum of $50,000 per annum, to enable the Secretary of Health and Human Services to carry out the provisions of this subchapter. -SOURCE- (Feb. 15, 1927, ch. 155, Sec. 6, 44 Stat. 1103; 1940 Reorg. Plan No. IV, Sec. 12, eff. June 30, 1940, 5 F.R. 2421, 54 Stat. 1237; 1953 Reorg. Plan No. 1, Sec. 5, eff. Apr. 11, 1953, 18 F.R. 2053, 67 Stat. 631; Pub. L. 96-88, title V, Sec. 509(b), Oct. 17, 1979, 93 Stat. 695.) -CHANGE- CHANGE OF NAME "Secretary of Health and Human Services" substituted 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, Education. -TRANS- TRANSFER OF FUNCTIONS For transfer of functions of Federal Security Administrator to Secretary of Health, Education, and Welfare [now Health and Human Services], and of Food and Drug Administration to Federal Security Agency, see Transfer of Functions notes set out under section 321 of this title. -End- -CITE- 21 USC Sec. 147 01/03/2007 -EXPCITE- TITLE 21 - FOOD AND DRUGS CHAPTER 4 - ANIMALS, MEATS, AND MEAT AND DAIRY PRODUCTS SUBCHAPTER IV - IMPORTATION OF MILK AND CREAM -HEAD- Sec. 147. Repeal of inconsistent laws -STATUTE- Any laws or parts of laws inconsistent with this subchapter are repealed. -SOURCE- (Feb. 15, 1927, ch. 155, Sec. 7, 44 Stat. 1103.) -End- -CITE- 21 USC Sec. 148 01/03/2007 -EXPCITE- TITLE 21 - FOOD AND DRUGS CHAPTER 4 - ANIMALS, MEATS, AND MEAT AND DAIRY PRODUCTS SUBCHAPTER IV - IMPORTATION OF MILK AND CREAM -HEAD- Sec. 148. Powers of State with respect to milk or cream lawfully imported -STATUTE- Nothing in this subchapter is intended nor shall be construed to affect the powers of any State, or any political subdivision thereof, to regulate the shipment of milk or cream into, or the handling, sale, or other disposition of milk or cream in, such State or political subdivision after the milk and/or cream shall have been lawfully imported under the provisions of this subchapter. -SOURCE- (Feb. 15, 1927, ch. 155, Sec. 8, 44 Stat. 1103.) -End- -CITE- 21 USC Sec. 149 01/03/2007 -EXPCITE- TITLE 21 - FOOD AND DRUGS CHAPTER 4 - ANIMALS, MEATS, AND MEAT AND DAIRY PRODUCTS SUBCHAPTER IV - IMPORTATION OF MILK AND CREAM -HEAD- Sec. 149. Definitions -STATUTE- When used in this subchapter - (a) The term "person" means an individual, partnership, association, or corporation. (b) The term "United States" means the fifty States and the District of Columbia. -SOURCE- (Feb. 15, 1927, ch. 155, Sec. 9, 44 Stat. 1103; Pub. L. 86-70, Sec. 19, June 25, 1959, 73 Stat. 145; Pub. L. 86-624, Sec. 15, July 12, 1960, 74 Stat. 415.) -MISC1- AMENDMENTS 1960 - Subsec. (b). Pub. L. 86-624 substituted "means the fifty States and the District of Columbia" for "means continental United States, including Alaska". 1959 - Subsec. (b). Pub. L. 86-70 inserted ", including Alaska" after "continental United States". -End- -CITE- 21 USC CHAPTER 5 - VIRUSES, SERUMS, TOXINS, ANTITOXINS, AND ANALOGOUS PRODUCTS 01/03/2007 -EXPCITE- TITLE 21 - FOOD AND DRUGS CHAPTER 5 - VIRUSES, SERUMS, TOXINS, ANTITOXINS, AND ANALOGOUS PRODUCTS -HEAD- CHAPTER 5 - VIRUSES, SERUMS, TOXINS, ANTITOXINS, AND ANALOGOUS PRODUCTS -MISC1- Sec. 151. Preparation and sale of worthless or harmful products for domestic animals prohibited; preparation to be in compliance with rules at licensed establishments. 152. Importation regulated and prohibited. 153. Inspection of imports; denial of entry and destruction. 154. Regulations for preparation and sale; licenses. 154a. Special licenses for special circumstances; expedited procedure; conditions; exemptions; criteria. 155. Permits for importation. 156. Licenses conditioned on permitting inspection; suspension of licenses. 157. Inspection. 158. Offenses; punishment. 159. Enforcement; penalties applicable; Congressional findings. FEDERAL FOOD, DRUG, AND COSMETIC ACT By virtue of act June 25, 1938, ch. 675, Sec. 902(c), 52 Stat. 1059 [section 392(b) of this title], nothing contained in section 301 et seq. of this title shall be construed as in any way affecting, modifying, repealing, or superseding the provisions of this chapter. -End- -CITE- 21 USC Sec. 151 01/03/2007 -EXPCITE- TITLE 21 - FOOD AND DRUGS CHAPTER 5 - VIRUSES, SERUMS, TOXINS, ANTITOXINS, AND ANALOGOUS PRODUCTS -HEAD- Sec. 151. Preparation and sale of worthless or harmful products for domestic animals prohibited; preparation to be in compliance with rules at licensed establishments -STATUTE- It shall be unlawful for any person, firm, or corporation to prepare, sell, barter, or exchange in the District of Columbia, or in the Territories, or in any place under the jurisdiction of the United States, or to ship or deliver for shipment in or from the United States, the District of Columbia, any territory of the United States, or any place under the jurisdiction of the United States, any worthless, contaminated, dangerous, or harmful virus, serum, toxin, or analogous product intended for use in the treatment of domestic animals, and no person, firm, or corporation shall prepare, sell, barter, exchange, or ship as aforesaid any virus, serum, toxin, or analogous product manufactured within the United States and intended for use in the treatment of domestic animals, unless and until the said virus, serum, toxin, or analogous product shall have been prepared, under and in compliance with regulations prescribed by the Secretary of Agriculture, at an establishment holding an unsuspended and unrevoked license issued by the Secretary of Agriculture as hereinafter authorized. -SOURCE- (Mar. 4, 1913, ch. 145, Sec. 1 [part], 37 Stat. 832; Pub. L. 99- 198, title XVII, Sec. 1768(a), Dec. 23, 1985, 99 Stat. 1654.) -COD- CODIFICATION The sections of this chapter are comprised of the sentences of the eighth paragraph under the heading "Bureau of Animal Industry," in the Department of Agriculture Appropriation Act, 1914, as amended. Another section 1768 of Pub. L. 99-198, cited as a credit to this section, amended section 136y of Title 7, Agriculture. -MISC1- AMENDMENTS 1985 - Pub. L. 99-198 substituted "in or from the United States, the District of Columbia, any territory of the United States, or any place under the jurisdiction of the United States" for "from one State or Territory or the District of Columbia to any other State or Territory or the District of Columbia". EFFECTIVE DATE OF 1985 AMENDMENT Section 1768(f) of Pub. L. 99-198 provided that: "(1) Except as provided in paragraph (2), the amendments made by this section [enacting sections 154a and 159 of this title and amending this section and sections 154 and 157 of this title] shall become effective on the date of enactment of this Act [Dec. 23, 1985]. "(2)(A) Subject to subparagraphs (B) through (D), in the case of a person, firm, or corporation preparing, selling, bartering, exchanging, or shipping a virus, serum, toxin, or analogous product during the 12-month period ending on the date of enactment of this Act [Dec. 23, 1985] solely for intrastate commerce or for exportation, such product shall not after such date of enactment, as a result of its not having been licensed or produced in a licensed establishment, be considered in violation of the eighth paragraph of the matter under the heading 'BUREAU OF ANIMAL INDUSTRY' of the Act entitled 'An Act making appropriations for the Department of Agriculture for the fiscal year ending June thirtieth, nineteen hundred and fourteen', approved March 14, 1913 (as amended by this section) [this chapter], until the first day of the 49th month following the date of enactment of this Act. "(B) The exemption granted by subparagraph (A) may be extended by the Secretary of Agriculture for a period up to 12 months in an individual case on a showing by a person, firm, or corporation of good cause and a good faith effort to comply with such eighth paragraph with due diligence. "(C) The exemption granted by subparagraph (A) must be claimed by the person, firm, or corporation preparing such product by the first day of the 13th month following the date of enactment of this Act [Dec. 23, 1985], in the form and manner prescribed by the Secretary, unless the Secretary grants an extension of the time to claim such exemption in an individual case for good cause shown. "(D) On the issuance by the Secretary of a license to such person, firm, or corporation for such product prior to the first day of the 49th month following the date of enactment of this Act [Dec. 23, 1985], or the end of an extension of the exemption granted by the Secretary, the exemption granted by subparagraph (A) shall terminate with respect to such product." SHORT TITLE Act Mar. 4, 1913, ch. 145, Sec. 1 [part], 37 Stat. 832, which is classified to this chapter, is popularly known as the "Virus-Serum- Toxin Act". -TRANS- TRANSFER OF FUNCTIONS For transfer of functions of the Secretary of Agriculture relating to agricultural import and entry inspection activities under this chapter to the Secretary of Homeland Security, and for treatment of related references, see sections 231, 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of November 25, 2002, as modified, set out as a note under section 542 of Title 6. -MISC2- APPROPRIATIONS An appropriation of $25,000 was made by act Mar. 4, 1913, for the purpose of carrying into effect these provisions. The appropriation for the fiscal year 1926 was by act Feb. 10, 1925, ch. 200, 43 Stat. 827. -End- -CITE- 21 USC Sec. 152 01/03/2007 -EXPCITE- TITLE 21 - FOOD AND DRUGS CHAPTER 5 - VIRUSES, SERUMS, TOXINS, ANTITOXINS, AND ANALOGOUS PRODUCTS -HEAD- Sec. 152. Importation regulated and prohibited -STATUTE- The importation into the United States of any virus, serum, toxin, or analogous product for use in the treatment of domestic animals, and the importation of any worthless, contaminated, dangerous, or harmful virus, s