2016 US Code
Title 21 - Food and Drugs
Chapter 9 - Federal Food, Drug, and Cosmetic Act
Subchapter V - Drugs and Devices
Part E - General Provisions Relating to Drugs and Devices
Sec. 360bbb-3b - Products held for emergency use

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Citation 21 U.S.C. § 360bbb-3b (2016)
Section Name §360bbb–3b. Products held for emergency use
Section Text

It is not a violation of any section of this chapter or of the Public Health Service Act [42 U.S.C. 201 et seq.] for a government entity (including a Federal, State, local, or tribal government entity), or a person acting on behalf of such a government entity, to introduce into interstate commerce a product (as defined in section 360bbb–3(a)(4) of this title) intended for emergency use, if that product—

(1) is intended to be held and not used; and

(2) is held and not used, unless and until that product—

(A) is approved, cleared, or licensed under section 355, 360(k), 360b, or 360e of this title or section 351 of the Public Health Service Act [42 U.S.C. 262] or conditionally approved under section 360ccc of this title;

(B) is authorized for investigational use under section 355 1 360b, or 360j of this title or section 351 of the Public Health Service Act [42 U.S.C. 262]; or

(C) is authorized for use under section 360bbb–3 of this title.

Source Credit

(June 25, 1938, ch. 675, §564B, as added Pub. L. 113–5, title III, §302(d), Mar. 13, 2013, 127 Stat. 185; amended Pub. L. 114–255, div. A, title III, §3088(d), Dec. 13, 2016, 130 Stat. 1149.)

Editorial Notes REFERENCES IN TEXT

The Public Health Service Act, referred to in text, is act July 1, 1944, ch. 373, 58 Stat. 682, which is classified generally to chapter 6A (§201 et seq.) of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see Short Title note set out under section 201 of Title 42 and Tables.

AMENDMENTS

2016—Par. (2)(A). Pub. L. 114–255, §3088(d)(1), substituted "360b, or 360e of this title" for "or 360e of this title" and inserted "or conditionally approved under section 360ccc of this title" after "Public Health Service Act".

Par. (2)(B). Pub. L. 114–255, §3088(d)(2), substituted "360b, or 360j of this title" for "or 360j of this title".

Footnotes

1 So in original. Probably should be followed by a comma.

Publication Title United States Code, 2012 Edition, Supplement 4, 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 V - DRUGS AND DEVICES
Part E - General Provisions Relating to Drugs and Devices
Sec. 360bbb-3b - Products held for emergency use
Contains section 360bbb-3b
Date 2016
Laws In Effect As Of Date January 6, 2017
Positive Law No
Disposition standard
Statutes at Large References 58 Stat. 682
127 Stat. 185
130 Stat. 1149
Public Law References Public Law 113-5, Public Law 114-255
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