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21 USC CHAPTER 3 - FILLED MILK 01/06/03

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TITLE 21 - FOOD AND DRUGS

CHAPTER 3 - FILLED MILK

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CHAPTER 3 - FILLED MILK

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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.

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CHAPTER REFERRED TO IN OTHER SECTIONS

This chapter is referred to in section 392 of this title.

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21 USC Sec. 61 01/06/03

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CHAPTER 3 - FILLED MILK

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Sec. 61. Definitions

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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.)

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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''.

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SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 62 of this title.

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21 USC Sec. 62 01/06/03

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TITLE 21 - FOOD AND DRUGS

CHAPTER 3 - FILLED MILK

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Sec. 62. Manufacture, shipment, or delivery for shipment in

interstate or foreign commerce prohibited

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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.

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(Mar. 4, 1923, ch. 262, Sec. 2, 42 Stat. 1487.)

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21 USC Sec. 63 01/06/03

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Sec. 63. Penalties; acts of agents deemed acts of principals

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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.)

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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.

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21 USC Sec. 64 01/06/03

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Sec. 64. Regulations for enforcement

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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.)

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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.

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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 note set out under section 41 of this title.

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