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Title 21 — Food and Drugs

Chapter 9 — Federal Food, Drug, and Cosmetic Act

§ 391. Separability clause

Statutory text

If any provision of this chapter is declared unconstitutional, or the applicability thereof to any person or circumstances is held invalid, the constitutionality of the remainder of the chapter and the applicability thereof to other persons and circumstances shall not be affected thereby.

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. 75–675 § 1001 · 52 Stat. 1040

    Enacted · 21 U.S.C. § 391

    June 25, 1938, ch. 675, § 1001, formerly § 901, 52 Stat. 1059

    Target inherited from the preceding amendment note.

    Source evidence

    Code source credit
    June 25, 1938, ch. 675, § 1001, formerly § 901, 52 Stat. 1059

    Enacted provision · exact public law section
    Sec. 901. separability clause If any provision of this Act is declared unconstitutional, Separability clause. or the applicability thereof to any person or circumstances is held invalid, the constitutionality of the remainder of the Act and the applicability thereof to other persons and circumstances shall not be affected thereby.

1 of 1 references resolved to an enrolled provision

Credits

1938–2009 · 2 acts
  1. 1938June 25, 1938, ch. 675, § 1001, formerly § 901, 52 Stat. 1059
  2. 2009renumbered § 1001, Pub. L. 111–31, div. A, title I, § 101(b)(2), , 123 Stat. 1784.
Show as published

(June 25, 1938, ch. 675, § 1001, formerly § 901, 52 Stat. 1059; renumbered § 1001, Pub. L. 111–31, div. A, title I, § 101(b)(2), , 123 Stat. 1784.)

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/s391