The Secretary shall promulgate regulations exempting from any labeling requirement of this chapter (1) small open containers of fresh fruits and fresh vegetables and (2) food which is, in accordance with the practice of the trade, to be processed, labeled, or repacked in substantial quantities at establishments other than those where originally processed or packed, on condition that such food is not adulterated or misbranded under the provisions of this chapter upon removal from such processing, labeling, or repacking establishment. This section does not apply to the labeling requirements of sections 343(q) and 343(r) of this title.
June 25, 1938, ch. 675, § 40552 Stat. 1049Pub. L. 101–535, § 5(a)104 Stat. 2362(, ; , , .)
Editorial Notes
Amendments
Pub. L. 101–5351990— inserted at end “This section does not apply to the labeling requirements of sections 343(q) and 343(r) of this title.”
Statutory Notes and Related Subsidiaries
Effective Date of 1990 Amendment
Pub. L. 101–535section 343(r) of this titlesection 343(r)(2)(A)(i) of this titlesection 10(a) of Pub. L. 101–535section 343 of this titleAmendment by effective six months after the date of the promulgation of final regulations to implement , or if such regulations are not promulgated, the date proposed regulations are to be considered as such final regulations (), with exception for persons marketing food the brand name of which contains a term defined by the Secretary under , see , set out as a note under .
Pub. L. 101–535Construction of Amendments by
Pub. L. 101–53521 U.S.C. 30121 U.S.C. 60121 U.S.C. 45121 U.S.C. 1031section 9 of Pub. L. 101–535section 343 of this titleAmendments by not to be construed to alter authority of Secretary of Health and Human Services and Secretary of Agriculture under the Federal Food, Drug, and Cosmetic Act ( et seq.), the Federal Meat Inspection Act ( et seq.), the Poultry Products Inspection Act ( et seq.), and the Egg Products Inspection Act ( et seq.), see , set out as a note under .
Executive Documents
Transfer of Functions
section 321 of this titleFor 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 .