§ 379a. Presumption of existence of jurisdiction

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

   Medical Device Amendments of 1976

   Pub. L. 94–295 § 8 · 90 Stat. 539

   Enacted · 21 U.S.C. § 379a

   June 25, 1938, ch. 675, § 709, as added Pub. L. 94–295, § 8, May 28, 1976, 90 Stat. 583

   Source evidence

   Code source credit
   June 25, 1938, ch. 675, § 709, as added Pub. L. 94–295, § 8, May 28, 1976, 90 Stat. 583

   Enacted provision · exact public law section
   Sec. 8. confidential information; presumption Chapter 7 is amended by adding at the end the following new sections: “Sec. 708. The Secretary may provide any information which is exempt from disclosure pursuant to subsection (a) of section 552 of title 5, United States Code, by reason of subsection (b) (4) of such section to a person other than an officer or employee of the Department if the Secretary determines such other person requires the information in connection with an activity which is undertaken under contract with the Secretary, which relates to the administration of this Act, and with respect to which the Secretary (or an officer or employee of the Department) is not prohibited from using such information. The Secretary shall require as a condition to the provision of information under this section that the person receiving it take such security precautions respecting the information as the Secretary may by regulation prescribe. “Sec. 709. “presumption In any action to enforce the requirements of this Act 21 USC 379a. respecting a device the connection with interstate commerce required for jurisdiction in such action shall be presumed to exist.”.

2. 1997

   Food and Drug Administration Modernization Act of 1997

   Pub. L. 105–115 title IV § 419 · 111 Stat. 2296

   Substituted · 21 U.S.C. § 379a

   Pub. L. 105–115 substituted “a device, food, drug, or cosmetic” for “a device”

   Source evidence

   Code amendment note
   Pub. L. 105–115 substituted “a device, food, drug, or cosmetic” for “a device”.

   Enacted provision · exact public law section
   SEC. 419. INTERSTATE COMMERCE. Section 709 (21 U.S.C. 379a) is amended by striking “a device” and inserting “a device, food, drug, or cosmetic”.

   Effective date note
   Amendment by Pub. L. 105–115 effective 90 days after Nov. 21, 1997, except as otherwise provided, see section 501 of Pub. L. 105–115, set out as a note under section 321 of this title.

3. 2009

   Family Smoking Prevention and Tobacco Control Act

   Pub. L. 111–31 div. A title I § 103(k) · 123 Stat. 1776

   Inserted · 21 U.S.C. § 379a

   Pub. L. 111–31 inserted “tobacco product,” after “device,”

   Source evidence

   Code amendment note
   Pub. L. 111–31 inserted “tobacco product,” after “device,”.

   Enacted provision · exact public law section
   (k) Section 709.— Section 709 (21 U.S.C. 379a) is amended by inserting “tobacco product,” after “device,”.

3 of 3 references resolved to an enrolled provision