§ 376. Examination of sea food on request of packer; marking food with results; fees; penalties

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. 1938

   Pub. L. 73–675 § 706 · 48 Stat. 1182

   Enacted · 21 U.S.C. § 376

   June 25, 1938, ch. 675, § 706, formerly § 702A, formerly June 30, 1906, ch. 3915, § 10A, as added June 22, 1934, ch. 712, 48 Stat. 1204

   Source evidence

   Code source credit
   June 25, 1938, ch. 675, § 706, formerly § 702A, formerly June 30, 1906, ch. 3915, § 10A, as added June 22, 1934, ch. 712, 48 Stat. 1204

2. 1992

   Medical Device Amendments of 1992

   Pub. L. 102–300 § 6(b)(2) · 106 Stat. 238

   Struck · 21 U.S.C. § 376

   Pub. L. 102–300, which directed the amendment of the section by striking out “of Health, Education, and Welfare” wherever appearing, could not be executed because such words did not appear in the original statutory text. See 1993 Amendment note above and Transfer of Functions note below

   Source evidence

   Code amendment note
   Pub. L. 102–300, which directed the amendment of the section by striking out “of Health, Education, and Welfare” wherever appearing, could not be executed because such words did not appear in the original statutory text. See 1993 Amendment note above and Transfer of Functions note below.

   Enacted provision · exact public law section
   (2) Section 201(y), section 506(a), section 507(a), section 702(c), section 702A, and section 706(b)(5)(C)(i) (21 U.S.C. 321(y) 356(a), 357(a), 372(c), 372a. and 376(b)(5)(C)(i)) are each amended by striking out “of Health, Education, and Welfare” each place it appears.

3. 1993

   Nutrition Labeling and Education Act Amendments of 1993

   Pub. L. 103–80 § 3(dd)(2) · 107 Stat. 773

   Struck · 21 U.S.C. § 376

   Pub. L. 103–80 struck out “of Agriculture” after “Secretary” in two places

   Source evidence

   Code amendment note
   Pub. L. 103–80 struck out “of Agriculture” after “Secretary” in two places.

   Enacted provision · exact public law section
   SEC. 3. TECHNICAL AMENDMENTS TO FEDERAL FOOD, DRUG, AND COSMETIC ACT. (a) Reference.— Whenever in this section an amendment or repeal is expressed in terms of an amendment to, or repeal of, a section or other provision, the reference shall be considered to be made to a section or other provision of the Federal Food, Drug, and Cosmetic Act (b) Section 201.— Paragraphs (w), (x), (y), (z), (aa), (bb), (cc), (dd), (ee), and (ff) of section 201 (21 U.S.C 321) are redesignated as paragraphs (v), (w), (x), (y), (z), (aa), (bb), (cc), (dd), and (ee) respectively. (c) Section 301.— Section 301 (21 U.S.C. 331) is amended— (1) in subsection (j), by striking out “721, or 708” and inserting in lieu thereof “708, or 721”; and (2) in subsection (s), by striking out “412(d)” and inserting in lieu thereof “412(e)”. (d) Section 302.— Section 302 (21 U.S.C. 332) is amended— (1) in subsection (a), by striking out “, and subject to” and all that follows through “381),”, and (2) in subsection (b), by striking out the second sentence. (e) Section 303.— Section 303 (21 U.S.C. 333) is amended by redesignating the second subsection (e) and subsection (f) as subsections (f) and (g), respectively. (f) Section 304.— Section 304 (21 U.S.C. 334) is amended— (1) in subsection (a)(1), by striking out “: Provided, however, That no” and inserting in lieu thereof a period and “No”, and (2) in subsection (d)(1)— (A) by striking out “: Provided, That after” and inserting in lieu thereof a period and “After”, (B) by striking out “: Provided, however, That the” and inserting in lieu thereof a period and “The”, (C) by striking out “: And provided further, That where” and inserting in lieu thereof a period and “Where”, and (D) by striking out “the foregoing proviso” and inserting in lieu thereof “the preceding sentence”. (g) Section 307.— Section 307(b)(3)(A) (21 U.S.C. 337(b)(3)(A)) is amended by striking out “Act” and inserting in lieu thereof “section”. (h) Section 401.— Section 401 (21 U.S.C. 341) is amended by striking out “and/or reasonable standards of fill of container: Provided, That no” and inserting in lieu thereof “or reasonable standards of fill of container. No”. (i) Section 402.— Section 402 (21 U.S.C. 342) is amended— (1) by striking out “; or” at the end of subparagraphs (1) and (2) of paragraph (a) and inserting in lieu thereof a period and by striking out “if it” at the beginning of subparagraph (3) of such paragraph and inserting in lieu thereof “If it”, (2) in paragraph (d)(1), by striking out “: Provided, That this clause” and inserting in lieu thereof “, except that this subparagraph”, and (3) in paragraph (d)(3), by striking out “: Provided, That this clause” and inserting in lieu thereof “, except that this subparagraph” and by striking out “: And provided further, That the Secretary may, for the purpose of avoiding or resolving uncertainty as to the application of this clause” and inserting in lieu thereof “, except that the Secretary may, for the purpose of avoiding or resolving uncertainty as to the application of this subparagraph”. (j) Section 403.— Section 403 (21 U.S.C. 343) is amended— (1) in paragraph (e), by striking out “: Provided, That” and inserting in lieu thereof “, except that”, (2) in paragraph (i), by striking out “, other than those sold as such” and inserting in lieu thereof “unless sold as spices, flavorings, or such colors” and by striking out “: Provided, That, to the extent” and inserting in lieu thereof a period and “To the extent”, (3) in paragraph (k), by striking out “: Provided, That” and inserting in lieu thereof “, except mat”, (4) in paragraph (l), by striking out “: Provided, however, That” and inserting in lieu thereof “, except that”, (5) in paragraph (r)(1)(B), by striking out “5(D)” and inserting in lieu thereof “(5)(D)”, and (6) in paragraph (r)(4)(B), by striking out “subsection” and inserting in lieu thereof “paragraph”. (k) Section 408.— Section 408 (21 U.S.C. 346a) is amended— (1) in subsection (a)(1), by striking out “Secretary of Health and Human Services” and inserting in lieu thereof “Administrator of the Environmental Protection Agency (hereinafter in this section referred to as the ‘Administrator’)”, (2) in subsection (d)(5), by striking out “section 7(c) of the Administrative Procedure Act (5 U.S.C., sec. 1006(c))” and inserting in lieu thereof “section 556(c) of title 5, United States Code”, (3) in subsection (1), by striking out “It the event” and inserting in lieu thereof “In the events”, (4) in subsection (n), by striking out “of the Federal Food, Drug, and Cosmetic Act”, (5) in subsection (o), by striking out “Secretary of Health and Human Services” each place it occurs and inserting in lieu thereof “Administrator”, and (6) by striking out “Secretary” each place it occurs except when followed by “of Agriculture” and inserting in lieu thereof “Administrator”. (l) Section 412.— Section 412(h) (21 U.S.C. 350a(h)) is amended by striking out “(c)(1)(B),” and inserting in lieu thereof “(e)(1)(B)”. (m) Section 502.— Section 502 (21 U.S.C. 352) is amended— (1) in paragraph (e)(3), by striking out “: Provided further, That” and inserting in lieu thereof “, except that”, (2) in paragraph (f), by striking out “: Provided, That” and inserting in lieu thereof “, except that”, (3) in paragraph (g), by striking out “: Provided, That the method” and inserting in lieu thereof a period and “The method” and by striking out “: Provided further, That,” and inserting in lieu thereof “, except that”, and (4) in paragraph (n), by striking out “: Provided, That” and inserting in lieu thereof “, except that”. (n) Section 505.— Section 505 (21 U.S.C. 355) is amended— (1) in subsection (j)(6)(A)— (A) by striking out “Secretry” in clause (ii) and inserting in lieu thereof “Secretary”, and (B) by inserting a comma after “Secretary” the first time it appears in clause (iii). (2) in subsection (k)(1), by striking out “: Provided, however, That regulations” and inserting in lieu thereof a period and “Regulations”. (o) Section 506.— Section 506(a) (21 U.S.C. 356(a)) is amended by striking out “Federal Security Administrator” and “Administrator” each place it appears and inserting in lieu thereof “Secretary”. (p) Section 507.— Section 507 (21 U.S.C. 357) is amended— (1) in subsection (a), by striking out “Federal Security Administrator” and “Administrator” each place it appears and inserting in lieu thereof “Secretary”, (2) in subsection (e)— (A) by striking out “section 507” each place it occurs and inserting in lieu thereof “this section”, (B) by striking out “or 507” and inserting in lieu thereof “or this section”, and (C) by striking out “: Provided, That, for purposes” and inserting in lieu thereof a period and “For purposes”, (3) in subsection (g)(1), by striking out “: Provided, however, That regulations” and inserting in lieu thereof a period and “Regulations”, and (4) in subsection (h), by striking out “507”. (q) Section 508.— Subsections (c) and (e) of section 508 (21 U.S.C. 358) are each amended by striking out “section 4 of the Administrative Procedure Act (5 U.S.C. 1003)” and inserting in lieu thereof “section 553 of title 5, United States Code”. (r) Section 512.— Section 512 (21 U.S.C. 360b) is amended— (1) in subsection (c)(2)(A)(ii), by inserting “in” after “provided”, (2) in subsection (c)(2)(F)(i), by striking out “(C)(iii)” and inserting in lieu thereof “(D)(iii)”, (3) in subsection (c)(2)(H), by striking out “subclause” the first time it appears and inserting in lieu thereof “subclauses”, (4) in subsection (d)(1), by striking out “subparagraphs (A) through (G)” and inserting in lieu thereof “subparagraphs (A) through (I)”, and (5) in subsection (n)(1)— (A) by striking out “201(w)” in subparagraphs (B)(ii)(I). and (C)(ii)(1) and inserting in lieu thereof “201(w)”, and (B) by striking out in the last sentence “(H)” and inserting in lieu thereof “(I)”. (s) Section 513.— Section 513(b)(3) (21 U.S.C 360c(b)(3)) is amended by striking out “5703(b)” and inserting in lieu thereof “5703”. (t) Section 515.— Section 515(c)(2)(A) (21 U.S.C. 360e(c)(2)(A)) is amended by striking out “refer such application”. (u) Section 519.— Section 519(a) (21 U.S.C. 360i(a)) is amended by striking out “paragraph (4)” and inserting in lieu thereof “paragraph (7)”; (v) Section 527.— Section 527(b) (21 U.S.C. 36Occ(b)) is amended— (1) by striking out “507„” and inserting in lieu thereof “507”, and (2) in paragraph (1), by striking out “The” and inserting in lieu thereof “the”. (w) Section 534.— Section 534(f)(2) (21 U.S.C. 360kk) is amended by striking out “this Act” and inserting in lieu thereof “the Public Health Service Act”. (x) Section 601.— Section 601(a) (21 U.S.C. 361) is amended by striking out “: Provided, That this” and inserting in lieu thereof “, except that this”. (y) Section 701.— Section 701 (21 U.S.C. 371) is amended— (1) in subsection (e)(1), by striking out the period after “Regulations)” the second time it occurs, and (2) in subsection (f)(4), by striking out “sections 239 and 240 of the Judicial Code, as amended” and inserting in lieu thereof “section 1254 of title 28, United States Code”. (z) Section 703.— Section 703 (21 U.S.C. 373) is amended— (1) by striking out “: Provided, That” and inserting in lieu thereof “, except that”, and (2) by striking out “: Provided further, That” and inserting in lieu thereof “, and except that”. (aa) Section 704.— Section 704(a)(1) (21 U.S.C. 374(a)(1)) is amended— (1) by striking out the semicolon after “materials” and inserting in lieu thereof a comma, and (2) by striking out “(j)” the first time it appears and inserting in lieu thereof “(k)”. (bb) Section 721.— Section 721(b)(5)(D) (21 U.S.C. 379e(b)(5)(D)) is amended by striking out “5703(b)” and inserting in lieu thereof “5703”. (cc) Section 801.— Section 801(b) (21 U.S.C. 381(b)) is amended— (1) by striking out “Administrator” the first time it occurs and inserting in lieu thereof “Secretary of Health and Human Services”, (2) by striking out “Administrator” the second and third time it occurs and inserting in lieu thereof “Secretary”, (3) by striking out “Administrator’s” and inserting in lieu thereof “Secretary’s”, and (4) by striking out “Federal Security Agency” and inserting in lieu thereof “Department of Health and Human Services”. (dd) Agriculture.— (1) Sections 201(c), 201(d), 701(b), and 801(a) (21 U.S.C. 321(c), 321(d), 371(b), and 381(a) are each amended by striking out “Agriculture” each place it appears and inserting in lieu thereof “Health and Human Services”. (2) Sections 702(c) and 706 (21 U.S.C. 372(c) and 376) are each amended by striking out “of Agriculture” each place it appears.

2 of 3 references resolved to an enrolled provision · 1 partial