§5704. Tank trucks, rail tank cars, and cargo tanks

(a) Prohibitions.-The regulations prescribed under section 5703(a)(1) of this title shall include provisions prohibiting a person from-

(1) using, offering for use, or arranging for the use of a tank truck, rail tank car, or cargo tank used in motor vehicle or rail transportation of cosmetics, devices, drugs, food, or food additives if the tank truck, rail tank car, or cargo tank is used to transport a nonfood product, except a nonfood product included in a list published under subsection (b) of this section;

(2) using, offering for use, or arranging for the use of a tank truck or cargo tank to provide motor vehicle transportation of cosmetics, devices, drugs, food, food additives, or nonfood products included in the list published under subsection (b) of this section unless the tank truck or cargo tank is identified, by a permanent marking on the tank truck or cargo tank, as transporting only cosmetics, devices, drugs, food, food additives, or nonfood products included in the list;

(3) using, offering for use, or arranging for the use of a tank truck or cargo tank to provide motor vehicle transportation of a nonfood product that is not included in the list published under subsection (b) of this section if the tank truck or cargo tank is identified, as provided in clause (2) of this subsection, as a tank truck or cargo tank transporting only cosmetics, devices, drugs, food, food additives, or nonfood products included in the list; or

(4) receiving, except for lawful disposal purposes, any cosmetic, device, drug, food, food additive, or nonfood product that has been transported in a tank truck or cargo tank in violation of clause (2) or (3) of this subsection.

(b) List of Nonfood Products Not Unsafe.-After consultation required by section 5709 of this title, the Secretary of Transportation shall publish in the Federal Register a list of nonfood products the Secretary decides do not make cosmetics, devices, drugs, food, or food additives unsafe to humans or animals because of transportation of the nonfood products in a tank truck, rail tank car, or cargo tank used to transport cosmetics, devices, drugs, food, or food additives. The Secretary may amend the list periodically by publication in the Federal Register.

(c) Disclosure.-A person that arranges for the use of a tank truck or cargo tank used in motor vehicle transportation for the transportation of a cosmetic, device, drug, food, food additive, or nonfood product shall disclose to the motor carrier or other appropriate person if the cosmetic, device, drug, food, food additive, or nonfood product being transported is to be used-

(1) as, or in the preparation of, a food or food additive; or

(2) as a nonfood product included in the list published under subsection (b) of this section.

( Pub. L. 103–272, §1(d), July 5, 1994, 108 Stat. 856 .)

In subsection (a), before clause (1), the words "shall include provisions prohibiting" are substituted for "At a minimum . . . shall prohibit" because of the restatement. In restating 49 App.:2804(c)(1), the word "only" is omitted before "food" the first time it appears and added before "food" the 2d time it appears to reflect the probable intent of Congress. Compare the location of the word "only" in 49 App.:2804(c)(2).

In subsection (b), the word "decides" is substituted for "determined" for consistency in the revised title. The words "of the nonfood products" are added for clarity.

In subsection (c), before clause (1), the words "in making such arrangement" are omitted as surplus.

Section Referred to in Other Sections

This section is referred to in sections 5703, 5705, 5709 of this title.