49 U.S.C. § 5701 | Food transportation safety inspections

(a)

Inspection Procedures.—

(1)

In general .—

The Secretary of Transportation, in consultation with the Secretary of Health and Human Services and the Secretary of Agriculture, shall establish procedures for transportation safety inspections for the purpose of identifying suspected incidents of contamination or adulteration of—

(A)

food in violation of regulations promulgated under section 416 of the Federal Food, Drug, and Cosmetic Act;

(B)

21 U.S.C. 672 a carcass, part of a carcass, meat, meat food product, or animal subject to detention under section 402 of the Federal Meat Inspection Act (); and

(C)

21 U.S.C. 467a poultry products or poultry subject to detention under section 19 of the Poultry Products Inspection Act ().

(2)

Training.—

(A)

In general .—

The Secretary of Transportation shall develop and carry out a training program to conduct enforcement of this chapter and regulations prescribed under this chapter or compatible State laws and regulations.

(B)

Conduct .—

In carrying out this paragraph, the Secretary of Transportation shall train inspectors, including Department of Transportation personnel, State employees described under subsection (c), or personnel paid with funds authorized under sections 31102 and 31104, in the recognition of adulteration problems associated with the transportation of cosmetics, devices, drugs, food, and food additives and in the procedures for obtaining assistance of the appropriate departments, agencies, and instrumentalities of the Government and State authorities to support the enforcement.

(3)

Applicability .—

The procedures established under paragraph (1) shall apply, at a minimum, to Department of Transportation personnel that perform commercial motor vehicle or railroad safety inspections.

(b)

Notification of Secretary of Health and Human Services or Secretary of Agriculture .—

The Secretary of Transportation shall promptly notify the Secretary of Health and Human Services or the Secretary of Agriculture, as applicable, of any instances of potential food contamination or adulteration of a food identified during transportation safety inspections.

(c)

Use of State Employees .—

The means by which the Secretary of Transportation carries out subsection (b) may include inspections conducted by State employees using funds authorized to be appropriated under sections 31102 through 31104.

Pub. L. 109–59, title VII, § 7203Aug. 10, 2005119 Stat. 1913 (Added , , .)

Editorial Notes

References in Text

section 350e of Title 21Section 416 of the Federal Food, Drug, and Cosmetic Act, referred to in subsec. (a)(1)(A), is classified to , Food and Drugs.

Prior Provisions

Pub. L. 109–59, § 7203Prior sections 5701 to 5714 were omitted in the general amendment of this chapter by .

Pub. L. 103–272, § 1(d)July 5, 1994108 Stat. 854 Section 5701, , , , related to findings.

Pub. L. 103–272, § 1(d)July 5, 1994108 Stat. 854 Section 5702, , , , defined terms.

Pub. L. 103–272, § 1(d)July 5, 1994108 Stat. 855 Section 5703, , , , directed Secretary to prescribe regulations.

Pub. L. 103–272, § 1(d)July 5, 1994108 Stat. 856 Section 5704, , , , related to prohibited use of tank trucks, rail tank cars, and cargo tanks.

Pub. L. 103–272, § 1(d)July 5, 1994108 Stat. 857 Section 5705, , , , related to prohibited motor and rail transportation of nonfood products.

Pub. L. 103–272, § 1(d)July 5, 1994108 Stat. 857 Section 5706, , , , related to dedication of vehicles to transport asbestos, extremely dangerous products, or refuse.

Pub. L. 103–272, § 1(d)July 5, 1994108 Stat. 857 Section 5707, , , , related to waiver of provisions.

Pub. L. 103–272, § 1(d)July 5, 1994108 Stat. 858 section 5701 of this titleSection 5708, , , , related to food transportation inspections. See .

Pub. L. 103–272, § 1(d)July 5, 1994108 Stat. 858 Section 5709, , , , related to consultation with Secretaries of Agriculture and Health and Human Services and Administrator of the Environmental Protection Agency.

Pub. L. 103–272, § 1(d)July 5, 1994108 Stat. 858 Section 5710, , , , related to duties and powers of Secretary.

Pub. L. 103–272, § 1(d)July 5, 1994108 Stat. 858 Section 5711, , , , related to enforcement and penalties.

Pub. L. 103–272, § 1(d)July 5, 1994108 Stat. 859 Section 5712, , , , related to relationship to other laws.

Pub. L. 103–272, § 1(d)July 5, 1994108 Stat. 859 Section 5713, , , , related to application of sections 5711 and 5712.

Pub. L. 103–272, § 1(d)July 5, 1994108 Stat. 859 Section 5714, , , , related to coordination between departments, agencies, and instrumentalities.

Statutory Notes and Related Subsidiaries

Effective Date

Oct. 1, 2005section 7204 of Pub. L. 109–59 section 331 of Title 21Section effective , see , set out as an Effective Date of 2005 Amendment note under , Food and Drugs.