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21 USC CHAPTER 1 - ADULTERATED OR MISBRANDED FOODS OR

DRUGS 01/06/03

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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 Repealed or Transferred.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 Repealed.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.

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21 USC SUBCHAPTER I - FEDERAL FOOD AND DRUGS ACT OF 1906 01/06/03

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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

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21 USC Sec. 1 to 5 01/06/03

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TITLE 21 - FOOD AND DRUGS

CHAPTER 1 - ADULTERATED OR MISBRANDED FOODS OR DRUGS

SUBCHAPTER I - FEDERAL FOOD AND DRUGS ACT OF 1906

-HEAD-

Sec. 1 to 5. Repealed. June 25, 1938, ch. 675, Sec. 902(a), 52

Stat. 1059

-MISC1-

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.''

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21 USC Sec. 6 01/06/03

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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.

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21 USC Sec. 7 to 14 01/06/03

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TITLE 21 - FOOD AND DRUGS

CHAPTER 1 - ADULTERATED OR MISBRANDED FOODS OR DRUGS

SUBCHAPTER I - FEDERAL FOOD AND DRUGS ACT OF 1906

-HEAD-

Sec. 7 to 14. Repealed. June 25, 1938, ch. 675, Sec. 902(a), 52

Stat. 1059

-MISC1-

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.

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21 USC Sec. 14a 01/06/03

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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.

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21 USC Sec. 15 01/06/03

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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. June 25, 1938, ch. 675, Sec. 902(a), 52 Stat.

1059

-MISC1-

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.

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21 USC SUBCHAPTER II - MISCELLANEOUS PROVISIONS 01/06/03

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TITLE 21 - FOOD AND DRUGS

CHAPTER 1 - ADULTERATED OR MISBRANDED FOODS OR DRUGS

SUBCHAPTER II - MISCELLANEOUS PROVISIONS

.

-HEAD-

SUBCHAPTER II - MISCELLANEOUS PROVISIONS

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21 USC Sec. 16 01/06/03

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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.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 17 of this title.

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21 USC Sec. 17 01/06/03

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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.)

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21 USC Sec. 18 01/06/03

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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.)

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21 USC Sec. 19 01/06/03

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TITLE 21 - FOOD AND DRUGS

CHAPTER 1 - ADULTERATED OR MISBRANDED FOODS OR DRUGS

SUBCHAPTER II - MISCELLANEOUS PROVISIONS

-HEAD-

Sec. 19. Repealed. May 29, 1928, ch. 901, Sec. 1(100), 45 Stat. 993

-MISC1-

Section, act May 23, 1908, ch. 192, 35 Stat. 261, related to

report to Congress of expenditures in enforcing food and drug laws.

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21 USC Sec. 20 01/06/03

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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.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 21, 22, 23 of this title.

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21 USC Sec. 21 01/06/03

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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.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 22, 23 of this title.

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21 USC Sec. 22 01/06/03

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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.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 21, 23 of this title.

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21 USC Sec. 23 01/06/03

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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.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 21, 22 of this title.

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21 USC Sec. 24 01/06/03

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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.

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21 USC Sec. 25 01/06/03

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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.)

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21 USC Sec. 26 01/06/03

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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.

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