§5703. General regulation

(a) General Requirements.-(1) Not later than July 31, 1991, the Secretary of Transportation, after consultation required by section 5709 of this title, shall prescribe regulations on the transportation of cosmetics, devices, drugs, food, and food additives in motor vehicles and rail vehicles that are used to transport nonfood products that would make the cosmetics, devices, drugs, food, or food additives unsafe to humans or animals.

(2) The Secretary shall deem a cosmetic, device, or drug to be a nonfood product if-

(A) the cosmetic, device, or drug is transported in a motor vehicle or rail vehicle before, or at the same time as, a food or food additive; and

(B) transportation of the cosmetic, device, or drug would make the food or food additive unsafe to humans or animals.

(b) Special Requirements.-In prescribing regulations under subsection (a)(1) of this section, the Secretary, after consultation required by section 5709 of this title, shall establish requirements for appropriate-

(1) recordkeeping, identification, marking, certification, or other means of verification to comply with sections 5704–5706 of this title;

(2) decontamination, removal, disposal, and isolation to comply with regulations carrying out sections 5704 and 5705 of this title; and

(3) material for the construction of tank trucks, rail tank cars, cargo tanks, and accessory equipment to comply with regulations carrying out section 5704 of this title.

(c) Considerations and Additional Requirements.-In prescribing regulations under subsection (a)(1) of this section, the Secretary, after consultation required by section 5709 of this title, shall consider, and may establish requirements related to, each of the following:

(1) the extent to which packaging or similar means of protecting and isolating commodities are adequate to eliminate or ameliorate the potential risks of transporting cosmetics, devices, drugs, food, or food additives in motor vehicles or rail vehicles used to transport nonfood products.

(2) appropriate compliance and enforcement measures to carry out this chapter.

(3) appropriate minimum insurance or other liability requirements for a person to whom this chapter applies.

(d) Packages Meeting Packaging Standards.-If the Secretary finds packaging standards to be adequate, regulations under subsection (a)(1) of this section may not apply to cosmetics, devices, drugs, food, food additives, or nonfood products packaged in packages that meet the standards.

( Pub. L. 103–272, §1(d), July 5, 1994, 108 Stat. 855 .)

Historical and Revision Notes

Revised Section	Source (U.S. Code)	Source (Statutes at Large)
5703(a)	49 App.:2803(a), (d).	Nov. 3, 1990, Pub. L. 101–500, §4, 104 Stat. 1214 .
5703(b)	49 App.:2803(b).
5703(c)	49 App.:2803(c)(1) (1st sentence), (2), (3).
5703(d)	49 App.:2803(c)(1) (last sentence).

In this chapter, the words "the health of" are omitted as surplus.

In subsection (a)(1), the words "Not later than July 31, 1991" are substituted for "The regulations referred to in subsection (a)(1) shall be issued within 270 days after such date of enactment" in 49 App.:2803(d) because of the restatement. The text of 49 App.:2803(d) (1st sentence) is omitted as executed. The words "In accordance with this chapter", "pursuant to a rulemaking proceeding", and "when so transported" are omitted as surplus. The words "either refuse or other" are omitted as unnecessary because of the definition of "nonfood product" in section 5702 of the revised title.

In subsection (a)(2), before clause (A), the word "deem" is substituted for "treat" for consistency in the revised title.

In subsection (b), before clause (1), the words "standards" and "and other provisions" are omitted as surplus. In clause (1), the words "to comply" are substituted for "required to promote compliance" for consistency in this subsection. In clause (2), the word "standards" is omitted because it is redundant to the introductory language of this subsection. The words "to comply with" are substituted for "with respect to" for clarity and consistency in this subsection.

In subsection (c), before clause (1), the words "standards" and "or other provisions" are omitted as surplus. The words "any or all of" are omitted as unnecessary.

Section Referred to in Other Sections

This section is referred to in sections 5702, 5704, 5705, 5706, 5709, 5713 of this title.