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Title 21 — Food and Drugs

Chapter 9 — Federal Food, Drug, and Cosmetic Act

§ 321d. Market names for catfish and ginseng

Statutory text

(a)

Catfish labeling

(1)

In general

Notwithstanding any other provision of law, for purposes of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 301 et seq.)—

(A)

the term “catfish” may only be considered to be a common or usual name (or part thereof) for fish classified within the family Ictaluridae; and

(B)

only labeling or advertising for fish classified within that family may include the term “catfish”.

(2)

Omitted

(b)

Ginseng labeling

(1)

In general

Notwithstanding any other provision of law, for purposes of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 301 et seq.)—

(A)

the term “ginseng” may only be considered to be a common or usual name (or part thereof) for any herb or herbal ingredient derived from a plant classified within the genus Panax; and

(B)

only labeling or advertising for herbs or herbal ingredients classified within that genus may include the term “ginseng”.

(2)

Omitted

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

  1. Pub. L. 107–171 title X § 10806 · 116 Stat. 134

    Enacted · 21 U.S.C. § 321d

    (Pub. L. 107–171, title X, § 10806, May 13, 2002, 116 Stat. 526.)

    Source evidence

    Code source credit
    (Pub. L. 107–171, title X, § 10806, May 13, 2002, 116 Stat. 526.)

    Enacted provision · exact public law section
    SEC. 10806. MARKET NAMES FOR CATFISH AND GINSENG. (a) Catfish Labeling.— (1) In general.— Notwithstanding any other provision of law, for purposes of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 301 et seq.)— (A) the term “catfish” may only be considered to be a common or usual name (or part thereof) for fish classified within the family Ictaluridae; and (B) only labeling or advertising for fish classified within that family may include the term “catfish”. (2) Amendment.— Section 403 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 343) is amended by adding at the end the following: “(t) If it purports to be or is represented as catfish, unless it is fish classified within the family Ictaluridae.”. (b) Ginseng Labeling.— (1) In general.— Notwithstanding any other provision of law, for purposes of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 301 et seq.)— (A) the term “ginseng” may only be considered to be a common or usual name (or part thereof) for any herb or herbal ingredient derived from a plant classified within the genus Panax; and (B) only labeling or advertising for herbs or herbal ingredients classified within that genus may include the term “ginseng”. (2) Amendment.— Section 403 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 343) (as amended by subsection (a)(2)) is amended by adding at the end the following: “(u) If it purports to be or is represented as ginseng, unless it is an herb or herbal ingredient derived from a plant classified within the genus Panax.”.

1 of 1 references resolved to an enrolled provision

Editorial Notes

References in Text

The Federal Food, Drug, and Cosmetic Act, referred to in subsecs. (a)(1), (b)(1), is act June 25, 1938, ch. 675, 52 Stat. 1040, which is classified generally to this chapter. For complete classification of this Act to the Code, see section 301 of this title and Tables.

Codification

Section is comprised of section 10806 of Pub. L. 107–171. Subsecs. (a)(2) and (b)(2) of section 10806 of Pub. L. 107–171 amended section 343 of this title.

Section was enacted as part of the Farm Security and Rural Investment Act of 2002, and not as part of Federal Food, Drug, and Cosmetic Act which comprises this chapter.

Credits

(Pub. L. 107–171, title X, § 10806, , 116 Stat. 526.)

Parsed from the official OLRC USLM XML in data/usc_all/usc21.xml · release point 119-108 · OLRC build 2026-04-17

USLM identifier /us/usc/t21/s321d