United States Government Printing Office printer prt distributor dst United States Congress House of Representatives Office of the Law Revision Counsel author aut Government Organization text government publication eng USCODE Bills and Statutes 2006_uscode_suppl_4 legislative 2011-09-06 Sec. 342 D09002ee180df8153-USCODE-2010-title21-chap9-subchapIV-sec342.htm D09002ee180df8154-USCODE-2010-title21-chap9-subchapIV-sec342.pdf http://www.gpo.gov/fdsys/granule/USCODE-2010-title21/USCODE-2010-title21-chap9-subchapIV-sec342 21USC342 http://www.gpo.gov/fdsys/granule/USCODE-2010-title21/USCODE-2010-title21-chap9-subchapIV-sec342/content-detail.html http://www.gpo.gov/fdsys/pkg/USCODE-2010-title21/pdf/USCODE-2010-title21-chap9-subchapIV-sec342.pdf http://www.gpo.gov/fdsys/pkg/USCODE-2010-title21/html/USCODE-2010-title21-chap9-subchapIV-sec342.htm 21 U.S.C. 342 21 USC 342 21 U.S.C. 342 21 USC 342; FOOD AND DRUGS; Adulterated food 148 LEAF USCODE-2010-title21-chap9-subchapIV-sec342 Sec. 342 section standard June 25, 1938, ch. 675, §402, 52 Stat. 1046; Mar. 16, 1950, ch. 61, §3(d), 64 Stat. 21; July 22, 1954, ch. 559, §2, 68 Stat. 511; July 9, 1956, ch. 530, 70 Stat. 512; Pub. L. 85-929, §3(a), (b), Sept. 6, 1958, 72 Stat. 1784; Pub. L. 86-2, Mar. 17, 1959, 73 Stat. 3; Pub. L. 86-618, title I, §§102(a)(1), (2), 105(c), July 12, 1960, 74 Stat. 397, 398, 404; Pub. L. 89-477, June 29, 1966, 80 Stat. 231; Pub. L. 90-399, §104, July 13, 1968, 82 Stat. 352; Pub. L. 99-252, §10, Feb. 27, 1986, 100 Stat. 35; Pub. L. 102-571, title I, §107(4), Oct. 29, 1992, 106 Stat. 4499; Pub. L. 103-80, §3(i), Aug. 13, 1993, 107 Stat. 776; Pub. L. 103-417, §§4, 9, Oct. 25, 1994, 108 Stat. 4328, 4332; Pub. L. 104-170, title IV, §404, Aug. 3, 1996, 110 Stat. 1514; Pub. L. 107-188, title III, §309, June 12, 2002, 116 Stat. 673; Pub. L. 109-59, title VII, §7202(a), Aug. 10, 2005, 119 Stat. 1911. Food Additives Transitional Provisions Amendment of 1964 amendments <b>2005</b>-Par. (i). Pub. L. 109-59 added par. (i).<b>2002</b>-Par. (h). Pub. L. 107-188 added par. (h).<b>1996</b>-Par. (a). Pub. L. 104-170 added subpar. (2) and struck out former subpar. (2) which read as follows: “(2)(A) if it bears or contains any added poisonous or added deleterious substance (other than one which is (i) a pesticide chemical in or on a raw agricultural commodity; (ii) a food additive; (iii) a color additive; or (iv) a new animal drug) which is unsafe within the meaning of section 346 of this title, or (B) if it is a raw agricultural commodity and it bears or contains a pesticide chemical which is unsafe within the meaning of section 346a(a) of this title, or (C) if it is, or if it bears or contains, any food additive which is unsafe within the meaning of section 348 of this title: <em>Provided</em>, That where a pesticide chemical has been used in or on a raw agricultural commodity in conformity with an exemption granted or a tolerance prescribed under section 346a of this title and such raw agricultural commodity has been subjected to processing such as canning, cooking, freezing, dehydrating, or milling, the residue of such pesticide chemical remaining in or on such processed food shall, notwithstanding the provisions of sections 346 and 348 of this title, not be deemed unsafe if such residue in or on the raw agricultural commodity has been removed to the extent possible in good manufacturing practice and the concentration of such residue in the processed food when ready to eat is not greater than the tolerance prescribed for the raw agricultural commodity, or (D) if it is, or it bears or contains, a new animal drug (or conversion product thereof) which is unsafe within the meaning of section 360b of this title;”. That part of Pub. L. 104-170 which directed the substitution of “or (3) if it consists” for “(3) if it consists” was executed by making the substitution for “(3) If it consists” to reflect the probable intent of Congress.<b>1994</b>-Par. (f). Pub. L. 103-417, §4, added par. (f).Par. (g). Pub. L. 103-417, §9, added par. (g).<b>1993</b>-Par. (a). Pub. L. 103-80, §3(i)(1), substituted a period for “;or” at end of subpar. (1) and “If it” for “if it” at beginning of par. (3). That part of Pub. L. 103-80, §3(i)(1), which directed the substitution of a period for “;or” at end of subpar. (2) could not be executed because “;or” did not appear.Par. (d)(1). Pub. L. 103-80, §3(i)(2), substituted “,except that this subparagraph” for “:<em>Provided</em>, That this clause”.Par. (d)(3). Pub. L. 103-80, §3(i)(3), substituted “,except that this subparagraph shall not apply” for “:<em>Provided</em>, That this clause shall not apply” and “,except that the Secretary may, for the purpose of avoiding or resolving uncertainty as to the application of this subparagraph” for “:<em>And provided further</em>, That the Secretary may, for the purpose of avoiding or resolving uncertainty as to the application of this clause”.<b>1992</b>-Par. (c). Pub. L. 102-571 substituted “379e(a)” for “376(a)”.<b>1986</b>-Par. (d)(2). Pub. L. 99-252 inserted provision that this clause not apply to confectionery introduced or delivered for introduction into or received or held for sale in, interstate commerce if the sale is permitted under the laws of the State in which the confectionery is intended to be offered for sale.<b>1968</b>-Par. (a)(2). Pub. L. 90-399 added cls. (A)(iv) and (D).<b>1966</b>-Par. (d). Pub. L. 89-477 permitted the imbedding of nonnutritive objects in confectionery foods if in the judgment of the Secretary of Health, Education, and Welfare, as provided by regulation, the imbedding of the object is of practical functional value to the confectionery product and would not render it injurious or hazardous to health, raised to one-half of 1 per centum by volume the upper limit for the allowable use of alcohol derived solely from the use of flavoring extracts, allowed the use of safe nonnutritive substances in and on confectionery foods by reason of their use for some practical and functional purpose in the manufacture, packaging, or storage of the confectionery foods if the use of the substances does not promote deception of the consumer or otherwise result in adulteration or misbranding, authorized the Secretary to issue regulations on the use of particular nonnutritive substances, and removed reference to nonnutritive masticatory substances added to chewing gum and harmless flavoring, harmless resinous glaze not in excess of four-tenths of 1 per centum, natural gum, authorized coloring, and pectin.<b>1960</b>-Par. (a). Pub. L. 86-618, §102(a)(1), substituted “other than one which is (i) a pesticide chemical in or on a raw agricultural commodity; (ii) a food additive; or (iii) a color additive” for “(except a pesticide chemical in or on a raw agricultural commodity and except a food additive)” in cl. (2)(A).Par. (c). Pub. L. 86-618, §102(a)(2), amended par. (c) generally, substituting provisions deeming a food adulterated if it is, or it bears or contains, a color additive which is unsafe within the meaning of section 376 of this title for provisions which related to food that bears or contains a coal-tar color other than one from a batch that has been certified in accordance with regulations as provided by section 346 of this title, and struck out provisos which related to the use of color on oranges.Par. (d). Pub. L. 86-618, §105(c), substituted “authorized coloring” for “harmless coloring”.<b>1959</b>-Par. (c). Pub. L. 86-2 extended from Mar. 1, 1959, to May 1, 1959, the period during which par. is inapplicable to oranges which have been colored with F.D. & C. Red 32, and inserted proviso requiring Secretary to establish regulations prescribing the conditions under which Citrus Red No. 2 may be safely used in coloring certain mature oranges, and providing for separately listing and for certification of batches of such color.<b>1958</b>-Par. (a). Pub. L. 85-929, among other changes, inserted cl. (2)(C) relating to food additive unsafe within the meaning of section 348 of this title, and to pesticide chemical, and added cl. (7) relating to radiated food.<b>1956</b>-Par. (c). Act July 9, 1956, inserted second proviso relating to coloring of oranges.<b>1954</b>-Par. (a)(2). Act July 22, 1954, provided in the case of any raw agricultural commodity bearing or containing a pesticide chemical, that such commodity shall be deemed to be adulterated if such pesticide chemical is unsafe within the meaning of section 346a of this title.<b>1950</b>-Par. (e). Act Mar. 16, 1950, added par. (e). effectiveDate amendments Amendment by Pub. L. 109-59 effective Oct. 1, 2005, see section 7204 of Pub. L. 109-59, set out as a note under section 331 of this title.Amendment by Pub. L. 90-399 effective on first day of thirteenth calendar month after July 13, 1968, see section 108(a) of Pub. L. 90-399, set out as an Effective Date and Transitional Provisions note under section 360b of this title.Amendment by Pub. L. 86-618 effective July 12, 1960, subject to the provisions of section 203 of Pub. L. 86-618, see section 202 of Pub. L. 86-618, set out as a note under section 379e of this title.Effective date of par. (a)(2) as in force prior to July 22, 1954, with respect to particular commercial use of a nematocide, plant regulator, defoliant, or desiccant in or on a raw agricultural commodity made before Jan. 1, 1958, see section 3(b) of Pub. L. 86-139, Aug. 7, 1959, 73 Stat. 288.Section 6 of Pub. L. 85-929, as amended by Pub. L. 87-19, §2, Apr. 7, 1961, 75 Stat. 42; Pub. L. 88-625, §2, Oct. 3, 1964, 78 Stat. 1002, provided that:“(a) Except as provided in subsections (b) and (c) of this section, this Act [amending this section, sections 321, 331, 346, and 348 of this title, and section 210 of Title 42, The Public Health and Welfare, and enacting provisions set out as notes under sections 321 and 451 of this title] shall take effect on the date of its enactment [Sept. 6, 1958].“(b) Except as provided in subsection (c) of this section, section 3 of this Act [amending this section and section 346 of this title] shall take effect on the one hundred and eightieth day after the date of enactment of this Act [Sept. 6, 1958].“(c) With respect to any particular commercial use of a food additive, if such use was made of such additive before January 1, 1958, section 3 of this Act [amending this section and section 346 of this title] shall take effect-Section 5 of act July 22, 1954, provided that: “This Act [amending this section and section 321 of this title and enacting sections 346a and 346b of this title] shall take effect upon the date of its enactment [July 22, 1954], except that with respect to pesticide chemicals for which tolerances or exemptions have not been established under section 408 of the Federal Food, Drug, and Cosmetic Act [section 346a of this title], the amendment to section 402(a) of such Act [par. (a) of this section] made by section 2 of this Act shall not be effective-Amendment by act Mar. 16, 1950, effective July 1, 1950, see section 7 of act Mar. 16, 1950, set out as an Effective Date note under section 347 of this title. effectiveDate Par. (c) effective Jan. 1, 1940, see act June 23, 1939, ch. 242, 53 Stat. 853, set out as an Effective Date; Postponement in Certain Cases note under section 301 of this title. transferOfFunctions 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 in the Department of Agriculture to Federal Security Agency, see notes set out under section 321 of this title. false false false

Title 7 Section 612c 7 U.S.C. 612c Volume 52 Page 1046 52 Stat. 1046 Volume 53 Page 853 53 Stat. 853 Volume 64 Page 21 64 Stat. 21 Volume 68 Page 511 68 Stat. 511 Volume 70 Page 512 70 Stat. 512 Volume 72 Page 1784 72 Stat. 1784 Volume 73 Page 3 73 Stat. 3 Volume 73 Page 288 73 Stat. 288 Volume 74 Page 397 74 Stat. 397 Volume 75 Page 42 75 Stat. 42 Volume 78 Page 1002 78 Stat. 1002 Volume 80 Page 231 80 Stat. 231 Volume 82 Page 352 82 Stat. 352 Volume 100 Page 35 100 Stat. 35 Volume 106 Page 4499 106 Stat. 4499 Volume 107 Page 776 107 Stat. 776 Volume 108 Page 4328 108 Stat. 4328 Volume 110 Page 1514 110 Stat. 1514 Volume 110 Page 1601 110 Stat. 1601 Volume 116 Page 673 116 Stat. 673 Volume 119 Page 1911 119 Stat. 1911 Volume 124 Page 3898 Volume 124 Page 3921 124 Stat. 3898 124 Stat. 3921 Public Law 85-929 Public Law 85-929 Public Law 86-2 Public Law 86-2 Public Law 86-139 Public Law 86-618 Public Law 86-618 Public Law 87-19 Public Law 88-625 Public Law 89-477 Public Law 89-477 Public Law 90-399 Public Law 90-399 Public Law 99-252 Public Law 99-252 Public Law 102-571 Public Law 102-571 Public Law 103-80 Public Law 103-80 Public Law 103-417 Public Law 103-417 Public Law 104-170 Public Law 104-170 Public Law 104-180 Public Law 107-188 Public Law 107-188 Public Law 109-59 Public Law 109-59 Public Law 111-353 U.S. Government Printing Office 2010-12-31 monographic 2010 annual deposited born digital 711 p. Y 1.2/5: http://www.gpo.gov/fdsys/pkg/USCODE-2010-title21 P0b002ee180df746e 000645501 21USC DGPO 2011-09-06 2011-09-06 USCODE-2010-title21 machine generated eng fdlp USCODE USCODE-2010-title21 21 true 4 2006 false false 2011-01-07 false false USCODE-title21 Title 21 http://www.gpo.gov/fdsys/pkg/USCODE-2010-title21/content-detail.html http://www.gpo.gov/fdsys/pkg/USCODE-2010-title21/html/USCODE-2010-title21.htm http://www.gpo.gov/fdsys/pkg/USCODE-2010-title21/pdf/USCODE-2010-title21.pdf U.S.C. Title 21, 2010