2011 US Code
Title 21 - Food and Drugs
Chapter 9 - FEDERAL FOOD, DRUG, AND COSMETIC ACT (§§ 301 - 399d)
Subchapter IV - FOOD (§§ 341 - 350l-1)
Section 341 - Definitions and standards for food
View MetadataPublication Title | United States Code, 2006 Edition, Supplement 5, Title 21 - FOOD AND DRUGS |
Category | Bills and Statutes |
Collection | United States Code |
SuDoc Class Number | Y 1.2/5: |
Contained Within | Title 21 - FOOD AND DRUGS CHAPTER 9 - FEDERAL FOOD, DRUG, AND COSMETIC ACT SUBCHAPTER IV - FOOD Sec. 341 - Definitions and standards for food |
Contains | section 341 |
Date | 2011 |
Laws in Effect as of Date | January 3, 2012 |
Positive Law | No |
Disposition | standard |
Source Credit | June 25, 1938, ch. 675, §401, 52 Stat. 1046; Apr. 15, 1954, ch. 143, §1, 68 Stat. 54; Aug. 1, 1956, ch. 861, §1, 70 Stat. 919; Pub. L. 103-80, §3(h), Aug. 13, 1993, 107 Stat. 776. |
Presidential Document Number References | Executive Order 13100 |
Statutes at Large References | 52 Stat. 1046 68 Stat. 54 70 Stat. 919 107 Stat. 776 116 Stat. 527, 662 |
Public Law References | Public Law 103-80, Public Law 107-171, Public Law 107-188 |
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Whenever in the judgment of the Secretary such action will promote honesty and fair dealing in the interest of consumers, he shall promulgate regulations fixing and establishing for any food, under its common or usual name so far as practicable, a reasonable definition and standard of identity, a reasonable standard of quality, or reasonable standards of fill of container. No definition and standard of identity and no standard of quality shall be established for fresh or dried fruits, fresh or dried vegetables, or butter, except that definitions and standards of identity may be established for avocadoes, cantaloupes, citrus fruits, and melons. In prescribing any standard of fill of container, the Secretary shall give due consideration to the natural shrinkage in storage and in transit of fresh natural food and to need for the necessary packing and protective material. In the prescribing of any standard of quality for any canned fruit or canned vegetable, consideration shall be given and due allowance made for the differing characteristics of the several varieties of such fruit or vegetable. In prescribing a definition and standard of identity for any food or class of food in which optional ingredients are permitted, the Secretary shall, for the purpose of promoting honesty and fair dealing in the interest of consumers, designate the optional ingredients which shall be named on the label. Any definition and standard of identity prescribed by the Secretary for avocadoes, cantaloupes, citrus fruits, or melons shall relate only to maturity and to the effects of freezing.
(June 25, 1938, ch. 675, §401, 52 Stat. 1046; Apr. 15, 1954, ch. 143, §1, 68 Stat. 54; Aug. 1, 1956, ch. 861, §1, 70 Stat. 919; Pub. L. 103–80, §3(h), Aug. 13, 1993, 107 Stat. 776.)
Amendments1993—Pub. L. 103–80 substituted “or reasonable standards of fill of container. No definition” for “and/or reasonable standards of fill of container: Provided, That no definition”.
1956—Act Aug. 1, 1956, designated provisions constituting subsec. (a) as entire section and repealed subsec. (b) which provided the procedure for establishment of regulations and is covered by section 371(e) of this title.
1954—Act Apr. 15, 1954, designated existing provisions as subsec. (a) and added subsec. (b).
Savings ProvisionSection 3 of act Aug. 1, 1956, provided that: “In any case in which, prior to the enactment of this Act [Aug. 1, 1956], a public hearing has been begun in accordance with section 401 of the Federal Food, Drug, and Cosmetic Act [341 of this title] upon a proposal to issue, amend, or repeal any regulation contemplated by such section, or has been begun in accordance with section 701(e) of such Act [section 371(e) of this title] upon a proposal to issue, amend, or repeal any regulation contemplated by section 403(j), 404(a), 406(a) or (b), 501(b), 502(d), 502(h), 504 or 604 of such Act [section 343(j), 344(a), 346(a) or (b), 351(b), 352(d), 352(h), 354, or 364 of this title], the provisions of such section 401 or 701(e), as the case may be, as in force immediately prior to the date of the enactment of this Act [Aug. 1, 1956], shall be applicable as though this Act [amending this section and section 371(e) of this title] had not been enacted.”
Transfer of FunctionsFor transfer of functions of Federal Security Administrator to Secretary of Health, Education, and Welfare [now Health and Human Services], and of Food and Drug Administration in the Department of Agriculture to Federal Security Agency, see notes set out under section 321 of this title.
Food Safety and Security StrategyPub. L. 107–188, title III, §301, June 12, 2002, 116 Stat. 662, provided that:
“(a)
“(b)
Pub. L. 107–171, title X, §10807, May 13, 2002, 116 Stat. 527, provided that:
“(a)
“(1)
“(2)
“(A)
“(B)
“(i)
“(I) shall have specialized training or significant experience in matters under the jurisdiction of the Commission; and
“(II) shall represent, at a minimum—
“(aa) consumers;
“(bb) food scientists;
“(cc) the food industry; and
“(dd) health professionals.
“(ii)
“(C)
“(D)
“(i) shall not affect the powers of the Commission; and
“(ii) shall be filled—
“(I) not later than 60 days after the date on which the vacancy occurs; and
“(II) in the same manner as the original appointment was made.
“(3)
“(A)
“(B)
“(4)
“(A)
“(B)
“(b)
“(1)
“(2)
“(3)
“(A) the findings, conclusions, and recommendations of the Commission, including a description of how each recommendation would improve food safety;
“(B) a summary of any other material used by the Commission in the preparation of the report under this paragraph; and
“(C) if requested by 1 or more members of the Commission, a statement of the minority views of the Commission.
“(c)
“(1)
“(2)
“(A)
“(B)
“(i)
“(ii)
“(C)
“(i)
“(I) the Commission shall be considered an agency of the Federal Government; and
“(II) any individual employed by an individual, entity, or organization that is a party to a contract with the Commission under this section shall be considered an employee of the Commission.
“(ii)
“(d)
“(1)
“(A)
“(B)
“(2)
“(A)
“(B)
“(C)
“(i)
“(ii)
“(3)
“(A)
“(B)
“(4)
“(e)
“(1)
“(2)
“(f)
Ex. Ord. No. 13100, Aug. 25, 1998, 63 F.R. 45661, as amended by Ex. Ord. No. 13286, §16, Feb. 28, 2003, 68 F.R. 10623, provided:
By the authority vested in me as President by the Constitution and the laws of the United States of America, and in order to improve the safety of the food supply through science-based regulation and well-coordinated inspection, enforcement, research, and education programs, it is hereby ordered as follows:
(b) The Secretaries of Agriculture and of Health and Human Services and the Assistant to the President for Science and Technology/Director of the Office of Science and Technology Policy shall serve as Joint Chairs of the Council.
(b) Consistent with the comprehensive strategic Federal food safety plan described in section 3(a) of this order, the Council shall advise agencies of priority areas for investment in food safety and ensure that Federal agencies annually develop coordinated food safety budgets for submission to the OMB that sustain and strengthen existing capacities, eliminate duplication, and ensure the most effective use of resources for improving food safety. The Council shall also ensure that Federal agencies annually develop a unified budget for submission to the OMB for the President's Food Safety Initiative and such other food safety issues as the Council determines appropriate.
(c) The Council shall ensure that the Joint Institute for Food Safety Research (JIFSR), in consultation with the National Science and Technology Council, establishes mechanisms to guide Federal research efforts toward the highest priority food safety needs. The JIFSR shall report to the Council on a regular basis on its efforts: (i) to develop a strategic plan for conducting food safety research activities consistent with the President's Food Safety Initiative and such other food safety activities as the JIFSR determines appropriate; and (ii) to coordinate efficiently, within the executive branch and with the private sector and academia, all Federal food safety research.
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