US (United States) Code. Title 49. Subtitle III: General and intermodal programs. Chapter 57: Sanitary food

Codificación normativa de EEUU (Estados Unidos) Legislación Federal estadounidense # Transportation

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-CITE-

49 USC CHAPTER 57 - SANITARY FOOD TRANSPORTATION 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE III - GENERAL AND INTERMODAL PROGRAMS

CHAPTER 57 - SANITARY FOOD TRANSPORTATION

-HEAD-

CHAPTER 57 - SANITARY FOOD TRANSPORTATION

-MISC1-

Sec.

5701. Findings.

5702. Definitions.

5703. General regulation.

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

5705. Motor and rail transportation of nonfood products.

5706. Dedicated vehicles.

5707. Waiver authority.

5708. Food transportation inspections.

5709. Consultation.

5710. Administrative.

5711. Enforcement and penalties.

5712. Relationship to other laws.

5713. Application of sections 5711 and 5712.

5714. Coordination procedures.

-SECREF-

CHAPTER REFERRED TO IN OTHER SECTIONS

This chapter is referred to in sections 113, 20109, 20111, 20114

of this title.

-End-

-CITE-

49 USC Sec. 5701 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE III - GENERAL AND INTERMODAL PROGRAMS

CHAPTER 57 - SANITARY FOOD TRANSPORTATION

-HEAD-

Sec. 5701. Findings

-STATUTE-

Congress finds that -

(1) the United States public is entitled to receive food and

other consumer products that are not made unsafe because of

certain transportation practices;

(2) the United States public is threatened by the

transportation of products potentially harmful to consumers in

motor vehicles and rail vehicles that are used to transport food

and other consumer products; and

(3) the risks to consumers by those transportation practices

are unnecessary and those practices must be ended.

-SOURCE-

(Pub. L. 103-272, Sec. 1(d), July 5, 1994, 108 Stat. 854.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

5701 49 App.:2801. Nov. 3, 1990, Pub. L.

101-500, Sec. 2, 104 Stat.

1213.

--------------------------------------------------------------------

-End-

-CITE-

49 USC Sec. 5702 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE III - GENERAL AND INTERMODAL PROGRAMS

CHAPTER 57 - SANITARY FOOD TRANSPORTATION

-HEAD-

Sec. 5702. Definitions

-STATUTE-

In this chapter -

(1) "cosmetic", "device", "drug", "food", and "food additive"

have the same meanings given those terms in section 201 of the

Federal Food, Drug, and Cosmetic Act (21 U.S.C. 321).

(2) "nonfood product" means (individually or by class) a

material, substance, or product that is not a cosmetic, device,

drug, food, or food additive, or is deemed a nonfood product

under section 5703(a)(2) of this title, including refuse and

solid waste (as defined in section 1004 of the Solid Waste

Disposal Act (42 U.S.C. 6903)).

(3) "refuse" means discarded material that is, or is required

by law, to be transported to or disposed of in a landfill or

incinerator.

(4) "State" means a State of the United States, the District of

Columbia, Puerto Rico, the Northern Mariana Islands, the Virgin

Islands, American Samoa, Guam, and any other territory or

possession of the United States.

(5) "transports" and "transportation" mean any movement of

property in commerce (including intrastate commerce) by motor

vehicle or rail vehicle.

(6) "United States" means all of the States.

-SOURCE-

(Pub. L. 103-272, Sec. 1(d), July 5, 1994, 108 Stat. 854.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

5702 49 App.:2802. Nov. 3, 1990, Pub. L.

101-500, Sec. 3, 104 Stat.

1213.

--------------------------------------------------------------------

In this section, the definition of "Secretary" is omitted as

unnecessary because the complete title of the Secretary of

Transportation is used the first time the term appears in a

section.

In clause (2), the words "(individually or by class)" are

substituted for "Such term includes any class of such materials,

substances, or products" to eliminate unnecessary words. The words

"or is deemed a nonfood product under section 5703(a)(2) of this

title" are substituted for "(except as provided under section

4(a)(2))" for clarity.

In clause (4), the words "the Commonwealth of" are omitted as

surplus.

-End-

-CITE-

49 USC Sec. 5703 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE III - GENERAL AND INTERMODAL PROGRAMS

CHAPTER 57 - SANITARY FOOD TRANSPORTATION

-HEAD-

Sec. 5703. General regulation

-STATUTE-

(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.

-SOURCE-

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

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

5703(a) 49 App.:2803(a), Nov. 3, 1990, Pub. L.

(d). 101-500, Sec. 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.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 5702, 5704, 5705, 5706,

5709, 5713 of this title.

-End-

-CITE-

49 USC Sec. 5704 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE III - GENERAL AND INTERMODAL PROGRAMS

CHAPTER 57 - SANITARY FOOD TRANSPORTATION

-HEAD-

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

-STATUTE-

(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.

-SOURCE-

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

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

5704(a) 49 App.:2804(a), Nov. 3, 1990, Pub. L.

(c). 101-500, Sec. 5, 104 Stat.

1215.

5704(b) 49 App.:2804(b).

5704(c) 49 App.:2804(d).

--------------------------------------------------------------------

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.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

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

title.

-End-

-CITE-

49 USC Sec. 5705 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE III - GENERAL AND INTERMODAL PROGRAMS

CHAPTER 57 - SANITARY FOOD TRANSPORTATION

-HEAD-

Sec. 5705. Motor and rail transportation of nonfood products

-STATUTE-

(a) Prohibitions. - The regulations prescribed under section

5703(a)(1) of this title shall include provisions prohibiting a

person from using, offering for use, or arranging for the use of a

motor vehicle or rail vehicle (except a tank truck, rail tank car,

or cargo tank described in section 5704 of this title) to transport

cosmetics, devices, drugs, food, or food additives if the vehicle

is used to transport nonfood products included in a list published

under subsection (b) of this section.

(b) List of Unsafe Nonfood Products. - (1) 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 would make cosmetics,

devices, drugs, food, or food additives unsafe to humans or animals

because of transportation of the nonfood products in a motor

vehicle or rail vehicle used to transport cosmetics, devices,

drugs, food, or food additives. The Secretary may amend the list

periodically by publication in the Federal Register.

(2) The list published under paragraph (1) of this subsection may

not include cardboard, pallets, beverage containers, and other food

packaging except to the extent the Secretary decides that the

transportation of cardboard, pallets, beverage containers, or other

food packaging in a motor vehicle or rail vehicle used to transport

cosmetics, devices, drugs, food, or food additives would make the

cosmetics, devices, drugs, food, or food additives unsafe to humans

or animals.

-SOURCE-

(Pub. L. 103-272, Sec. 1(d), July 5, 1994, 108 Stat. 857.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

5705 49 App.:2805. Nov. 3, 1990, Pub. L.

101-500, Sec. 6, 104 Stat.

1216.

--------------------------------------------------------------------

In subsection (b)(1), the word "decides" is substituted for

"determined" for consistency in the revised title. The words "of

the nonfood products" are added for clarity.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

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

-End-

-CITE-

49 USC Sec. 5706 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE III - GENERAL AND INTERMODAL PROGRAMS

CHAPTER 57 - SANITARY FOOD TRANSPORTATION

-HEAD-

Sec. 5706. Dedicated vehicles

-STATUTE-

(a) Prohibitions. - The regulations prescribed under section

5703(a)(1) of this title shall include provisions prohibiting a

person from using, offering for use, or arranging for the use of a

motor vehicle or rail vehicle to transport asbestos, in forms or

quantities the Secretary of Transportation decides are necessary,

or products that present an extreme danger to humans or animals,

despite any decontamination, removal, disposal, packaging, or other

isolation procedures, unless the motor vehicle or rail vehicle is

used only to transport one or more of the following: asbestos,

those extremely dangerous products, or refuse.

(b) List of Applicable Products. - After consultation required by

section 5709 of this title, the Secretary shall publish in the

Federal Register a list of the products to which this section

applies. The Secretary may amend the list periodically by

publication in the Federal Register.

-SOURCE-

(Pub. L. 103-272, Sec. 1(d), July 5, 1994, 108 Stat. 857.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

5706 49 App.:2806. Nov. 3, 1990, Pub. L.

101-500, Sec. 7, 104 Stat.

1216.

--------------------------------------------------------------------

In subsection (a), the words "humans or animals" are substituted

for "human or animal health" for consistency in this chapter.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

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

-End-

-CITE-

49 USC Sec. 5707 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE III - GENERAL AND INTERMODAL PROGRAMS

CHAPTER 57 - SANITARY FOOD TRANSPORTATION

-HEAD-

Sec. 5707. Waiver authority

-STATUTE-

(a) General Authority. - After consultation required by section

5709 of this title, the Secretary of Transportation may waive any

part of this chapter or regulations prescribed under this chapter

for a class of persons, motor vehicles, rail vehicles, cosmetics,

devices, drugs, food, food additives, or nonfood products, if the

Secretary decides that the waiver -

(1) would not result in the transportation of cosmetics,

devices, drugs, food, or food additives that would be unsafe to

humans or animals; and

(2) would not be contrary to the public interest and this

chapter.

(b) Publication of Waivers. - The Secretary shall publish in the

Federal Register any waiver and the reasons for the waiver.

-SOURCE-

(Pub. L. 103-272, Sec. 1(d), July 5, 1994, 108 Stat. 857.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

5707 49 App.:2807. Nov. 3, 1990, Pub. L.

101-500, Sec. 8, 104 Stat.

1216.

--------------------------------------------------------------------

In subsection (a), before clause (1), the words "any part of" are

substituted for "in whole or in part" for consistency in the

revised title. The words "application of any provision of" are

omitted as surplus. The word "refuse" is omitted as unnecessary

because of the definition of "nonfood product" in section 5702 of

the revised title. The word "decides" is substituted for

"determines" for consistency in the revised title. In clause (2),

the word "otherwise" is omitted as surplus.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 5709 of this title.

-End-

-CITE-

49 USC Sec. 5708 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE III - GENERAL AND INTERMODAL PROGRAMS

CHAPTER 57 - SANITARY FOOD TRANSPORTATION

-HEAD-

Sec. 5708. Food transportation inspections

-STATUTE-

(a) General Authority. - For commercial motor vehicles, the

Secretary of Transportation may carry out this chapter and assist

in carrying out compatible State laws and regulations through means

that include inspections conducted by State employees that are paid

for with money authorized under section 31104 of this title, if the

recipient State agrees to assist in the enforcement of this chapter

or is enforcing compatible State laws and regulations.

(b) Providing Assistance. - On the request of the Secretary of

Transportation, the Secretaries of Agriculture and Health and Human

Services, the Administrator of the Environmental Protection Agency,

and the heads of other appropriate departments, agencies, and

instrumentalities of the United States Government shall provide

assistance, to the extent available, to the Secretary of

Transportation to carry out this chapter, including assistance in

the training of personnel under a program established under

subsection (c) of this section.

(c) Training Program. - After consultation required by section

5709 of this title and consultation with the heads of appropriate

State transportation and food safety authorities, the Secretary of

Transportation shall develop and carry out a training program for

inspectors to conduct vigorous enforcement of this chapter and

regulations prescribed under this chapter or compatible State laws

and regulations. As part of the training program, the inspectors,

including State inspectors or personnel paid with money authorized

under section 31104 of this title, shall be trained in the

recognition of adulteration problems associated with the

transportation of cosmetics, devices, drugs, food, and food

additives and in the procedures for obtaining assistance of the

appropriate departments, agencies, and instrumentalities of the

Government and State authorities to support the enforcement.

-SOURCE-

(Pub. L. 103-272, Sec. 1(d), July 5, 1994, 108 Stat. 858.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

5708 49 App.:2808. Nov. 3, 1990, Pub. L.

101-500, Sec. 9, 104 Stat.

1217.

--------------------------------------------------------------------

In subsections (a) and (c), the words "authorized under section

31104 of this title" are substituted for "authorized under sections

2302 through 2304 of this Appendix to carry out the motor carrier

safety assistance program" in 49 App.:2808(a) and "under the motor

carrier safety assistance program" in 49 App.:2808(c) for clarity

and consistency in the revised title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 5709 of this title.

-End-

-CITE-

49 USC Sec. 5709 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE III - GENERAL AND INTERMODAL PROGRAMS

CHAPTER 57 - SANITARY FOOD TRANSPORTATION

-HEAD-

Sec. 5709. Consultation

-STATUTE-

As provided by sections 5703-5708 of this title, the Secretary of

Transportation shall consult with the Secretaries of Agriculture

and Health and Human Services and the Administrator of the

Environmental Protection Agency.

-SOURCE-

(Pub. L. 103-272, Sec. 1(d), July 5, 1994, 108 Stat. 858.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

5709 (no source).

--------------------------------------------------------------------

This section is based on the language about consultation in the

source provisions for several sections in this chapter and is

created to avoid having to repeat in each of those sections the

individuals with whom the Secretary is required to consult in

carrying out those sections.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 5703, 5704, 5705, 5706,

5707, 5708 of this title.

-End-

-CITE-

49 USC Sec. 5710 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE III - GENERAL AND INTERMODAL PROGRAMS

CHAPTER 57 - SANITARY FOOD TRANSPORTATION

-HEAD-

Sec. 5710. Administrative

-STATUTE-

The Secretary of Transportation has the same duties and powers in

regulating transportation under this chapter as the Secretary has

under section 5121(a)-(c) (except subsection (c)(1)(A)) of this

title in regulating transportation under chapter 51 of this title.

-SOURCE-

(Pub. L. 103-272, Sec. 1(d), July 5, 1994, 108 Stat. 858.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

5710 49 App.:2809. Nov. 3, 1990, Pub. L.

101-500, Sec. 10, 104 Stat.

1217.

--------------------------------------------------------------------

The words "and authorities" are omitted as surplus. The words "in

regulating transportation under this chapter" are substituted for

"under this chapter with respect to transportation regulated under

this chapter", and the words "in regulating transportation under

chapter 51 of this title" are substituted for "with respect to

transportation regulated under such chapter", for consistency and

to eliminate unnecessary words.

-End-

-CITE-

49 USC Sec. 5711 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE III - GENERAL AND INTERMODAL PROGRAMS

CHAPTER 57 - SANITARY FOOD TRANSPORTATION

-HEAD-

Sec. 5711. Enforcement and penalties

-STATUTE-

(a) Actions. - The Secretary of Transportation shall request that

a civil action be brought and take action to eliminate or

ameliorate an imminent hazard related to a violation of a

regulation prescribed or order issued under this chapter in the

same way and to the same extent as authorized by section 5122 of

this title.

(b) Applicable Penalties and Procedures. - The penalties and

procedures in sections 5123 and 5124 of this title apply to a

violation of a regulation prescribed or order issued under this

chapter.

-SOURCE-

(Pub. L. 103-272, Sec. 1(d), July 5, 1994, 108 Stat. 858.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

5711(a) 49 App.:2810(b). Nov. 3, 1990, Pub. L.

101-500, Sec. 11, 104 Stat.

1217.

5711(b) 49 App.:2810(a).

--------------------------------------------------------------------

This section is substituted for the source provisions for

consistency and to eliminate unnecessary words.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 5713 of this title.

-End-

-CITE-

49 USC Sec. 5712 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE III - GENERAL AND INTERMODAL PROGRAMS

CHAPTER 57 - SANITARY FOOD TRANSPORTATION

-HEAD-

Sec. 5712. Relationship to other laws

-STATUTE-

Section 5125 of this title applies to the relationship between

this chapter and a requirement of a State, a political subdivision

of a State, or an Indian tribe.

-SOURCE-

(Pub. L. 103-272, Sec. 1(d), July 5, 1994, 108 Stat. 859.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

5712 49 App.:2811. Nov. 3, 1990, Pub. L.

101-500, Sec. 12, 104 Stat.

1218.

--------------------------------------------------------------------

This section is substituted for the source provisions for

consistency and to eliminate unnecessary words.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 5713 of this title.

-End-

-CITE-

49 USC Sec. 5713 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE III - GENERAL AND INTERMODAL PROGRAMS

CHAPTER 57 - SANITARY FOOD TRANSPORTATION

-HEAD-

Sec. 5713. Application of sections 5711 and 5712

-STATUTE-

Sections 5711 and 5712 of this title apply only to transportation

occurring on or after the date that regulations prescribed under

section 5703(a)(1) of this title are effective.

-SOURCE-

(Pub. L. 103-272, Sec. 1(d), July 5, 1994, 108 Stat. 859.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

5713 49 App.:2801 (note). Nov. 3, 1990, Pub. L.

101-500, Sec. 14, 104 Stat.

1218.

--------------------------------------------------------------------

The words "This Act shall take effect on the date of enactment of

this Act" are omitted as executed.

-End-

-CITE-

49 USC Sec. 5714 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE III - GENERAL AND INTERMODAL PROGRAMS

CHAPTER 57 - SANITARY FOOD TRANSPORTATION

-HEAD-

Sec. 5714. Coordination procedures

-STATUTE-

Not later than November 3, 1991, the Secretary of Transportation,

after consultation with appropriate State officials, shall

establish procedures to promote more effective coordination between

the departments, agencies, and instrumentalities of the United

States Government and State authorities with regulatory authority

over motor carrier safety and railroad safety in carrying out and

enforcing this chapter.

-SOURCE-

(Pub. L. 103-272, Sec. 1(d), July 5, 1994, 108 Stat. 859.)

-MISC1-

HISTORICAL AND REVISION NOTES

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Revised Source (U.S. Code) Source (Statutes at Large)

Section

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5714 49 App.:2812. Nov. 3, 1990, Pub. L.

101-500, Sec. 13, 104 Stat.

1218.

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-End-