Page 5
TITLE 21—FOOD AND DRUGS
§§ 71 to 92
sulting 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 in-
clude 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 chil-
dren and customarily used on the order of a phy-
sician; (2) is packed in individual cans con-
taining 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 exclu-
sively to physicians, wholesale and retail drug-
gists, orphan asylums, child-welfare associa-
tions, hospitals, and similar institutions and
generally disposed of by them.
(Mar. 4, 1923, ch. 262, § 1, 42 Stat. 1486.)
Statutory Notes and Related Subsidiaries
SHORT TITLE
Act July 12, 1943, ch. 221, title II, 57 Stat. 499, pro-
vided in part that act Mar. 4, 1923, which enacted this
chapter, may be cited as the ‘‘Filled Milk Act’’.
§ 62. Manufacture, shipment, or delivery for ship-
ment in interstate or foreign commerce pro-
hibited
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 with-
in 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.
(Mar. 4, 1923, ch. 262, § 2, 42 Stat. 1487.)
§ 63. Penalties; acts of agen
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Authority boundary: historical or unconfirmed source not current law verified.
Stable record: federal_law:legal_authorities:uscode2024_0ac7ff54b8f179c821b26a32 Source file: Laws/federal/codes/united-states-code-2024/title-21/section-71-untitled-legal-text--365b1bcf23.md Pages: Not recorded – Not recorded Passage SHA-256: c551fdb2cb8ea3fd483417700e8bb263a90983ba0549d71fbc095370fd9101b4 Retained source evidence SHA-256: 62881ed5bb5d3a028d1dfca2151cd692bb11de1466a76c626f961d83719c98ca
Page 5
TITLE 21—FOOD AND DRUGS
§§ 71 to 92
sulting 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 in-
clude 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 chil-
dren and customarily used on the order of a phy-
sician; (2) is packed in individual cans con-
taining 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 exclu-
sively to physicians, wholesale and retail drug-
gists, orphan asylums, child-welfare associa-
tions, hospitals, and similar institutions and
generally disposed of by them.
(Mar. 4, 1923, ch. 262, § 1, 42 Stat. 1486.)
Statutory Notes and Related Subsidiaries
SHORT TITLE
Act July 12, 1943, ch. 221, title II, 57 Stat. 499, pro-
vided in part that act Mar. 4, 1923, which enacted this
chapter, may be cited as the ‘‘Filled Milk Act’’.
§ 62. Manufacture, shipment, or delivery for ship-
ment in interstate or foreign commerce pro-
hibited
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 with-
in 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.
(Mar. 4, 1923, ch. 262, § 2, 42 Stat. 1487.)
§ 63. Penalties; acts of agents deemed acts of
principals
Any person violating any provision of this
chapter shall upon conviction thereof be subject
to a fine of not more than $1,000 or imprison-
ment of not more than one year, or both. When
construing and enforcing the provisions of this
chapter, the act, omission, or failure of any per-
son 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 fail-
ure, of such individual, partnership, corporation,
or association, as well as of such person.
(Mar. 4, 1923, ch. 262, § 3, 42 Stat. 1487.)
Editorial Notes
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 obso-
lete.
§ 64. Regulations for enforcement
The Secretary of Health and Human Services
is authorized and directed to make and enforce
such regulations as may in his judgment be nec-
essary to carry out the purposes of this chapter.
(Mar. 4, 1923, ch. 262, § 4, as added Aug. 27, 1935,
ch. 743, 49 Stat. 885; 1940 Reorg. Plan No. IV, § 12,
eff. June 30, 1940, 5 F.R. 2421, 54 Stat. 1237; 1953
Reorg. Plan No. 1, § 5, eff. Apr. 11, 1953, 18 F.R.
2053, 67 Stat. 631; Pub. L. 96–88, title V, § 509(b),
Oct. 17, 1979, 93 Stat. 695.)
Statutory Notes and Related Subsidiaries
CHANGE OF NAME
‘‘Secretary of Health and Human Services’’ sub-
stituted 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, Edu-
cation.
Executive Documents
TRANSFER OF FUNCTIONS
For transfer of functions of Federal Security Admin-
istrator to Secretary of Health, Education, and Welfare
[now Health and Human Services], and of Food and
Drug Administration to Federal Security Agency, see
notes set out under section 321 of this title.
CHAPTER 4—ANIMALS, MEATS, AND MEAT
AND DAIRY PRODUCTS
SUBCHAPTER I—EXAMINATION OF ANIMALS,
MEATS, AND MEAT AND DAIRY PRODUCTS
Sec.
71 to 99. Transferred, Repealed, or Omitted.
SUBCHAPTER II—IMPORTATION OF CATTLE AND
QUARANTINE
101.
Suspension of importation of all animals.
102 to 107. Repealed or Omitted.
SUBCHAPTER III—PREVENTION OF
INTRODUCTION AND SPREAD OF CONTAGION
111 to 113. Repealed or Omitted.
113a.
Establishment of research laboratories for
foot-and-mouth disease and other animal
diseases; research contracts; employment of
technicians and scientists; appropriations.
114 to 114h. Repealed.
114i.
Pseudorabies eradication.
115 to 135b. Repealed, Omitted, or Transferred.
136.
Additional inspection services.
136a.
Collection of fees for inspection services.
SUBCHAPTER IV—IMPORTATION OF MILK AND
CREAM
141.
Prohibition of importation without permit.
142.
Milk or cream when unfit for importation.
143.
Inspection; certified statement in lieu there-
of; waiver of requirements of section 142;
regulations; suspension and revocation of
permits.
144.
Unlawful receiving of imported milk or
cream.
145.
Penalties.
146.
Authorization of appropriations.
147.
Repeal of inconsistent laws.
148.
Powers of State with respect to milk or
cream lawfully imported.
149.
Definitions.
SUBCHAPTER
I—EXAMINATION
OF
ANI-
MALS, MEATS, AND MEAT AND DAIRY
PRODUCTS
§§ 71 to 92. Transferred
Editorial Notes
CODIFICATION
Section 71, act Mar. 4, 1907, ch. 2907, 34 Stat. 1260,
which related to inspection of meat and meat food
Page 6
TITLE 21—FOOD AND DRUGS
§ 93
products, examination of cattle before slaughtering,
separate slaughtering of diseased animals and examina-
tion of carcasses, was transferred to section 603 of this
title.
Section 72, act Mar. 4, 1907, ch. 2907, 34 Stat. 1260,
which related to post mortem examination of car-
casses, marking and labeling, destruction of condemned
carcasses, and reinspection, was transferred to section
604 of this title.
Section 73, act Mar. 4, 1907, ch. 2907, 34 Stat. 1261,
which related to examination of carcasses brought into
slaughtering or packing establishments and of meat
food products issued from and returned thereto, was
transferred to section 605 of this title.
Section 74, act Mar. 4, 1907, ch. 2907, 34 Stat. 1261,
which related to examination and inspection of meat
food products, marks of inspection, destruction of con-
demned products, and products for export, was trans-
ferred to section 606 of this title and was subsequently
repealed by Pub. L. 110–234, title XI, § 11016(b)(1)(B),
May 22, 2008, 122 Stat. 1369, and Pub. L. 110–246, § 4(a),
title XI, § 11016(b)(1)(B), June 18, 2008, 122 Stat. 1664,
2131.
Section 75, act Mar. 4, 1907, ch. 2907, 34 Stat. 1262,
which related to labeling of receptacles and coverings
of meat and meat food products inspected and passed,
supervision by inspectors, prohibition of sales under
false names, was transferred to section 607 of this title.
Section 76, act Mar. 4, 1907, ch. 2907, 34 Stat. 1262,
which related to sanitary inspection and regulation of
slaughtering and packing establishments, and rejection
of meat or meat food products unfit for food, was trans-
ferred to section 608 of this title.
Section 77, act Mar. 4, 1907, ch. 2907, 34 Stat. 1262,
which related to examination of cattle and food prod-
ucts thereof slaughtered and prepared during night
time, was transferred to section 609 of this title.
Section 78, act Mar. 4, 1907, ch. 2907, 34 Stat. 1262,
which related to prohibition of transportation of car-
casses, meat, or meat food products not properly in-
spected and marked, was transferred to section 610 of
this title.
Section 79, act Mar. 4, 1907, ch. 2907, 34 Stat. 1263,
which related to forgery, alteration, and unauthorized
use of marks, labels, and certificates, was transferred
to section 611 of this title.
Section 80, act Mar. 4, 1907, ch. 2907, 34 Stat. 1263,
which related to inspection of animals for export, was
transferred to section 612 of this title and was subse-
quently
repealed
by
Pub.
L.
107–171,
title
X,
§ 10418(a)(19), May 13, 2002, 116 Stat. 508.
Section 81, act Mar. 4, 1907, ch. 2907, 34 Stat. 1263,
which related to certificates of condition of animals for
export, was transferred to section 613 of this title and
was subsequently repealed by Pub. L. 107–171, title X,
§ 10418(a)(19), May 13, 2002, 116 Stat. 508.
Section 82, act Mar. 4, 1907, ch. 2907, 34 Stat. 1263,
which related to clearance to vessels carrying cattle
for export with proper certificate of inspection, was
transferred to section 614 of this title and was subse-
quently
repealed
by
Pub.
L.
107–171,
title
X,
§ 10418(a)(19), May 13, 2002, 116 Stat. 508.
Section 83, act Mar. 4, 1907, ch. 2907, 34 Stat. 1263,
which related to inspection of carcasses, the meat of
which is intended for export, was transferred to section
615 of this title.
Section 84, act Mar. 4, 1907, ch. 2907, 34 Stat. 1263,
which related to certificates of condition of carcasses,
the meat of which is intended for export, was trans-
ferred to section 616 of this title.
Section 85, act Mar. 4, 1907, ch. 2907, 34 Stat. 1263,
which related to clearance to vessels carrying meat for
export with proper certificate of inspection, was trans-
ferred to section 617 of this title.
Section 86, act Mar. 4, 1907, ch. 2907, 34 Stat. 1263,
which related to official certificates of inspection and
delivery of copies thereof to different parties, was
transferred to section 618 of this title.
Section 87, act Mar. 4, 1907, ch. 2907, 34 Stat. 1264,
which related to prohibition of transportation or sale
of meat or meat food products without complying with
provisions of inspection law, was transferred to section
619 of this title.
Section 88, act Mar. 4, 1907, ch. 2907, 34 Stat. 1264,
which related to offenses and penalties, was transferred
to section 620 of this title.
Section 89, act Mar. 4, 1907, ch. 2907, 34 Stat. 1264,
which related to appointment of inspectors, their du-
ties, and rule making authority of the Secretary of Ag-
riculture, was transferred to section 621 of this title.
Section 90, act Mar. 4, 1907, ch. 2907, 34 Stat. 1264,
which related to penalties for bribery, was transferred
to section 622 of this title.
Section 91, acts Mar. 4, 1907, ch. 2907, 34 Stat. 1265;
June 29, 1938, ch. 810, 52 Stat. 1235, which related to
definitions, exceptions to inspection requirements in
case of farmers and retailers, and penalties for sale of
meat and meat food products unfit for food, was trans-
ferred to section 623 of this title.
Section 92, act Mar. 4, 1907, ch. 2907, 34 Stat. 1265,
which was a proviso following the first sentence of sec-
tion 91 of this title, was restored to that section and
has been transferred to section 623 of this title.
§ 93. Repealed. May 29, 1928, ch. 901, § 1(92), 45
Stat. 993
Section, act Mar. 4, 1907, ch. 2907, 34 Stat. 1265, re-
lated to statement in annual estimates as to persons
employed, their compensation and expenses.
§§ 94 to 95. Transferred
Editorial Notes
CODIFICATION
Section 94, act June 30, 1914, ch. 131, 38 Stat. 420,
which related to inspection of reindeer, was transferred
to section 692 of this title.
Section 94a, act May 23, 1908, ch. 192, 35 Stat. 254,
which related to inspection of dairy products for ex-
port, was transferred to section 693 of this title.
Section 95, acts June 30, 1906, ch. 3913, 34 Stat. 679;
June 26, 1934, ch. 756, § 2, 48 Stat. 1225, which related to
authorization of appropriations for expenses of inspec-
tion, was transferred to section 694 of this title.
§ 96. Repealed. Pub. L. 90–201, § 18, Dec. 15, 1967,
81 Stat. 600
Section, act July 24, 1919, ch. 26, 41 Stat. 241, provided
for marking horse meat transported in interstate com-
merce. See section 619 of this title.
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE OF REPEAL
Repeal effective Dec. 15, 1967, see section 20 of Pub. L.
90–201, set out as an Effective Date note under section
601 of this title.
§§ 97 to 97d. Omitted
Editorial Notes
CODIFICATION
Sections 97 to 97d, act July 30, 1947, ch. 356, title I, § 1,
61 Stat. 531, 532, set up a meat inspection fund and pro-
vided for payment for meat inspection service by the
persons or organizations who were furnished such in-
spection on and after July 1, 1947. These provisions
ceased to be effective on July 1, 1948, under section 98
of this title which requires the cost of such inspection
to be borne by the United States. The unobligated bal-
ance in the meat inspection fund was carried to the
general fund of the Treasury by act June 19, 1948, ch.
543, § 1, 62 Stat. 515.
Cross-references
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