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Title 21 — Food and Drugs

Chapter 9 — Federal Food, Drug, and Cosmetic Act

§ 392. Exemption of meats and meat food products

Statutory text

(a)

Law determinative of exemption

Meats and meat food products shall be exempt from the provisions of this chapter to the extent of the application or the extension thereto of the Meat Inspection Act, approved , as amended [21 U.S.C. 601 et seq.].

(b)

Laws unaffected

Nothing contained in this chapter shall be construed as in any way affecting, modifying, repealing, or superseding the provisions of section 351 of Public Health Service Act [42 U.S.C. 262] (relating to viruses, serums, toxins, and analogous products applicable to man); the virus, serum, toxin, and analogous products provisions, applicable to domestic animals, of the Act of Congress approved (37 Stat. 832–833) [21 U.S.C. 151 et seq.]; the Filled Cheese Act of (U.S.C., 1934 ed., title 26, ch. 10), the Filled Milk Act of [21 U.S.C. 61 et seq.]; or the Import Milk Act of [21 U.S.C. 141 et seq.].

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 § 1002(b) · 52 Stat. 1040

    Enacted · 21 U.S.C. § 392

    June 25, 1938, ch. 675, § 1002(b), (c), formerly § 902(b), (c), 52 Stat. 1059

    Target inherited from the preceding amendment note.

    Source evidence

    Code source credit
    June 25, 1938, ch. 675, § 1002(b), (c), formerly § 902(b), (c), 52 Stat. 1059

    Enacted provision · exact public law section
    (b) Meats and meat food products shall be exempt from the provisions Meats and meat food products. of this Act to the extent of the application or the extension thereto of the Meat Inspection Act, approved March 4, 1907, as 34 Stat. 1260. 21 U. S. C. §§ 471–91. amended (U. S. C., 1934 ed., title 21, secs. 71–91; 34 Stat. 1260 et seq.).

  2. Animal Drug Amendments of 1968

    Pub. L. 90–399 § 107 · 82 Stat. 342

    Substituted · 21 U.S.C. § 392(b)

    Pub. L. 90–399 substituted “section 351 of Public Health Service Act (relating to viruses, serums, toxins, and analogous products applicable to man); the virus, serum, toxin, and analogous products provisions, applicable to domestic animals, of the Act of Congress approved March 4, 1913 (37 Stat. 832–833);” for “the virus, serum, and toxin Act of July 1, 1902 (U.S.C., 1934 ed., title 42, chap. 4);”

    Source evidence

    Code amendment note
    Subsec. (b). Pub. L. 90–399 substituted “section 351 of Public Health Service Act (relating to viruses, serums, toxins, and analogous products applicable to man); the virus, serum, toxin, and analogous products provisions, applicable to domestic animals, of the Act of Congress approved March 4, 1913 (37 Stat. 832–833);” for “the virus, serum, and toxin Act of July 1, 1902 (U.S.C., 1934 ed., title 42, chap. 4);”.

    Enacted provision · exact public law section
    Sec. 107. amendment with respect to virus, serum, toxin, and analogous products acts Section 002(c) of the Federal Food, Drug, and Cosmetic Act is amended by striking out “the virus, serum, and toxin Act of 21 USC 392. July 1, 1902 (U.S.C., 1934 ed., title 42, chap. 4) ” and inserting in lieu thereof the following: “section 351 of Public Health Service Act 58 Stat. 702. 42 USC 262. (relating to viruses, serums, toxins, and analogous products applicable to man); the virus, serum, toxin, and analogous products provisions, applicable to domestic animals, of the Act of Congress approved March 4, 1913 (37 Stat. 832–833);”. 21 USC 151–158.

    Effective date note
    Amendment by Pub. L. 90–399 effective on first day of thirteenth calendar month after July 13, 1968, see section 108(a) of Pub. L. 90–399, set out as an Effective Date and Transitional Provisions note under section 360b of this title.

2 of 2 references resolved to an enrolled provision

Editorial Notes

References in Text

The Meat Inspection Act, approved , as amended, referred to in subsec. (a), is act Mar. 4, 1907, ch. 2907, titles I to IV, as added , Pub. L. 90–201, 81 Stat. 584, which are classified generally to subchapters I to IV (§ 601 et seq.) of chapter 12 of this title. For complete classification of this Act to the Code, see Short Title note set out under section 601 of this title and Tables.

Act of , referred to in subsec. (b), is act Mar. 4, 1913, ch. 145, 37 Stat. 828. The provisions of such act referred to relating to viruses, etc., applicable to domestic animals, are contained in the eighth paragraph under the heading “Bureau of Animal Industry”, 37 Stat. 832, as amended, popularly known as the Virus-Serum-Toxin Act, which is classified generally to chapter 5 (§ 151 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 151 of this title and Tables.

The Filled Cheese Act of (U.S.C., 1934 ed., title 26, ch. 10), referred to in subsec. (b), is act June 6, 1896, ch. 337, 29 Stat. 253, which had been classified to chapter 10 (§ 1000 et seq.) of Title 26, Internal Revenue, and included as chapter 17 (§ 2350 et seq.) of Title 26, Internal Revenue Code of 1939. Such chapter 17 was covered by section 4831 et seq. of Title 26, Internal Revenue Code, prior to the repeal of section 4831 et seq. of Title 26 by Pub. L. 93–490, § 3(a)(1), , 88 Stat. 1466.

The Filled Milk Act of , referred to in subsec. (b), is act Mar. 4, 1923, ch. 262, 42 Stat. 1486, which is classified generally to chapter 3 (§ 61 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 61 of this title and Tables.

The Import Milk Act of , referred to in subsec. (b), is act Feb. 15, 1927, ch. 155, 44 Stat. 1101, which is classified generally to subchapter IV (§ 141 et seq.) of chapter 4 of this title. For complete classification of this Act to the Code, see Short Title note set out under section 141 of this title and Tables.

Codification

Subsecs. (a) and (b) of this section comprise respectively subsecs. (b) and (c) of section 1002 of act . Subsecs. (a) and (d) of section 1002 of act , which prescribed the effective date of this chapter and made appropriations available, are set out as notes under section 301 of this title and this section, respectively.

Amendments

1968—Subsec. (b). Pub. L. 90–399 substituted “section 351 of Public Health Service Act (relating to viruses, serums, toxins, and analogous products applicable to man); the virus, serum, toxin, and analogous products provisions, applicable to domestic animals, of the Act of Congress approved (37 Stat. 832–833);” for “the virus, serum, and toxin Act of (U.S.C., 1934 ed., title 42, chap. 4);”.

Statutory Notes and Related Subsidiaries

Effective Date of 1968 Amendment

Amendment by Pub. L. 90–399 effective on first day of thirteenth calendar month after , see section 108(a) of Pub. L. 90–399, set out as an Effective Date and Transitional Provisions note under section 360b of this title.

Availability of Appropriations

Act June 25, 1938, ch. 675, § 1002(d), formerly § 902(d), 52 Stat. 1059; renumbered § 1002(d), Pub. L. 111–31, div. A, title I, § 101(b)(2), , 123 Stat. 1784, provided that: “In order to carry out the provisions of this Act which take effect [see section 1002(a) of act , set out as an Effective Date note under section 301 of this title] prior to the repeal of the Food and Drugs Act of , as amended [former sections 1 to 5 and 7 to 15 of this title], appropriations available for the enforcement of such Act of , are also authorized to be made available to carry out such provisions.”

Credits

1938–2009 · 3 acts
  1. 1938June 25, 1938, ch. 675, § 1002(b), (c), formerly § 902(b), (c), 52 Stat. 1059
  2. 1968Pub. L. 90–399, § 107, , 82 Stat. 353
  3. 2009renumbered § 1002(b), (c), Pub. L. 111–31, div. A, title I, § 101(b)(2), , 123 Stat. 1784.
Show as published

(June 25, 1938, ch. 675, § 1002(b), (c), formerly § 902(b), (c), 52 Stat. 1059; Pub. L. 90–399, § 107, , 82 Stat. 353; renumbered § 1002(b), (c), Pub. L. 111–31, div. A, title I, § 101(b)(2), , 123 Stat. 1784.)

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