21 U.S.C. § 2206 | Alcohol-related facilities

(a)

In general

Except as provided by sections 102, 206, 207, 302, 304, 402, 403, and 404 of this Act, and the amendments made by such sections, nothing in this Act, or the amendments made by this Act, shall be construed to apply to a facility that—

(1)

27 U.S.C. 201 26 U.S.C. 5001 under the Federal Alcohol Administration Act ( et seq.) or chapter 51 of subtitle E of the Internal Revenue Code of 1986 ( et seq.) is required to obtain a permit or to register with the Secretary of the Treasury as a condition of doing business in the United States; and

(2)

section 350d of this title under is required to register as a facility because such facility is engaged in manufacturing, processing, packing, or holding 1 or more alcoholic beverages, with respect to the activities of such facility that relate to the manufacturing, processing, packing, or holding of alcoholic beverages.

(b)

Limited receipt and distribution of non-alcohol food

Subsection (a) shall not apply to a facility engaged in the receipt and distribution of any non-alcohol food, except that such paragraph shall apply to a facility described in such paragraph that receives and distributes non-alcohol food, provided such food is received and distributed—

(1)

in a prepackaged form that prevents any direct human contact with such food; and

(2)

in amounts that constitute not more than 5 percent of the overall sales of such facility, as determined by the Secretary of the Treasury.

(c)

Rule of construction

1 See References in Text note below.

27 U.S.C. 214Except as provided in subsections (a) and (b), this section shall not be construed to exempt any food, other than alcoholic beverages, as defined in section 214  of the Federal Alcohol Administration Act (), from the requirements of this Act (including the amendments made by this Act).

Pub. L. 111–353, title I, § 116Jan. 4, 2011124 Stat. 3922(, , .)

Editorial Notes

References in Text

Pub. L. 111–353Jan. 4, 2011124 Stat. 3885lsection 7625 of Title 7 section 280g–16 of Title 42 section 247b–20 of Title 42llllsection 2201 of this titleThis Act, referred to in subsecs. (a) and (c), is , , , known as the FDA Food Safety Modernization Act, which enacted this chapter and sections 350g to 350–1, 379j–31, 384a to 384d, 399c, and 399d of this title, , Agriculture, and , The Public Health and Welfare, amended sections 331, 333, 334, 350b to 350d, 350f, 374, 381, 393, and 399 of this title and , and enacted provisions set out as notes under sections 331, 334, 342, 350b, 350d, 350e, 350g to 350j, 350, and 381 of this title. Sections 102, 206, 207, 302, 304, 402, 403, and 404 of the Act enacted sections 350, 350–1, 384b, 399d, 2251, and 2252 of this title, amended sections 331, 333, 334, 350d, and 381 of this title, and enacted provisions set out as notes under sections 334, 350d, 350, and 381 of this title. For complete classification of this Act to the Code, see Short Title note set out under and Tables.

act Aug. 29, 1935, ch. 814 49 Stat. 977 section 214 of Title 27 section 201 of Title 27The Federal Alcohol Administration Act, referred to in subsecs. (a)(1) and (c), is , , which is classified generally to subchapter I (§ 201 et seq.) of chapter 8 of Title 27, Intoxicating Liquors. Section 214 of the Act probably means section 203 of the Act, which is classified to and defines “alcoholic beverage”. For complete classification of this Act to the Code, see and Tables.

The Internal Revenue Code of 1986, referred to in subsec. (a)(1), is classified generally to Title 26, Internal Revenue Code.