dreamproit/uscode huggingface dataset:
21 U.S.C. § 679 (FOOD AND DRUGS)
§ 679. Application of Federal Food, Drug, and Cosmetic Act
(a) Authorities under food, drug, and cosmetic provisions unaffected
Notwithstanding any other provisions of law, including section 1002(b) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 392(a)), the provisions of this chapter shall not derogate from any authority conferred by the Federal Food, Drug, and Cosmetic Act [21 U.S.C. 301 et seq.] prior to December 15, 1967.
(b) Enforcement proceedings; detainer authority of representatives of Secretary of Health and Human Services
The detainer authority conferred by section 672 of this title shall apply to any authorized representative of the Secretary of Health and Human Services for purposes of the enforcement of the Federal Food, Drug, and Cosmetic Act [21 U.S.C. 301 et seq.] with respect to any carcass, part thereof, meat, or meat food product of cattle, sheep, swine, goats, or equines that is outside any premises at which inspection is being maintained under this chapter, and for such purposes the first reference to the Secretary in section 672 of this title shall be deemed to refer to the Secretary of Health and Human Services.
(Mar. 4, 1907, ch. 2907, title IV, § 409, as added Pub. L. 90–201, § 16, Dec. 15, 1967, 81 Stat. 600; amended Pub. L. 96–88, title V, § 509(b), Oct. 17, 1979, 93 Stat. 695; Pub. L. 111–31, div. A, title I, § 103(o), June 22, 2009, 123 Stat. 1838.)
heading: Editorial Notes
heading: References in Text
text: The Federal Food, Drug, and Cosmetic Act, referred to in subsec. (b), is act June 25, 1938, ch. 675, 52 Stat. 1040, as amended, which is classified generally to chapter 9 (§ 301 et seq.) of this title. For complete classification of this Act to the Code, see section 301 of this title and Tables.
heading: Amendments
text: 2009—Subsec. (a). Pub. L. 111–31 substituted “section 1002(b)” for “section 902(b)”.
heading: Statutory Notes and Related Subsidiaries
heading: Change of Name
text: “Secretary of Health and Human Services” substituted for “Secretary of Health, Education, and Welfare” in subsec. (b) pursuant to section 509(b) of Pub. L. 96–88, which is classified to section 3508(b) of Title 20, Education.
21 U.S.C. § 679b (FOOD AND DRUGS)
§ 679b. Pasteurization of meat and poultry
(1) In general
Effective beginning not later than 30 days after May 13, 2002, the Secretary of Agriculture shall conduct an education program regarding the availability and safety of processes and treatments that eliminate or substantially reduce the level of pathogens on meat, meat food products, poultry, and poultry products.
(2) Authorization of appropriations
There is authorized to be appropriated such sums as are necessary to carry out this section.
(Pub. L. 107–171, title X, § 10808(a), May 13, 2002, 116 Stat. 530.)
heading: Editorial Notes
heading: Codification
text: Section was enacted as part of the Farm Security and Rural Investment Act of 2002, and not as part of the Federal Meat Inspection Act which is classified to subchapters I to IV–A of this chapter.
21 U.S.C. § 679c (FOOD AND DRUGS)
§ 679c. Expansion of Food Safety Inspection Service activities
(a) In general
The Secretary of Agriculture may utilize existing authorities to give high priority to enhancing and expanding the capacity of the Food Safety Inspection Service to conduct activities to—
(1) enhance the ability of the Service to inspect and ensure the safety and wholesomeness of meat and poultry products;
(2) improve the capacity of the Service to inspect international meat and meat products, poultry and poultry products, and egg products at points of origin and at ports of entry;
(3) strengthen the ability of the Service to collaborate with relevant agencies within the Department of Agriculture and with other entities in the Federal Government, the States, and Indian tribes (as defined in section 5304(e) of title 25) through the sharing of information and technology; and
(4) otherwise expand the capacity of the Service to protect against the threat of bioterrorism.
(b) Authorization of appropriations
There is authorized to be appropriated to carry out this section, $15,000,000 for fiscal year 2002, and such sums as may be necessary for each subsequent fiscal year.
(Pub. L. 107–188, title III, § 332, June 12, 2002, 116 Stat. 679.)
heading: Editorial Notes
heading: Codification
text: Section was enacted as part of the Public Health Security and Bioterrorism Preparedness and Response Act of 2002, and not as part of the Federal Meat Inspection Act which is classified to subchapters I to IV–A of this chapter.
21 U.S.C. § 691 (FOOD AND DRUGS)
§ 691. Omitted
heading: Editorial Notes
heading: Codification
text: Section, Pub. L. 90–201, § 17, Dec. 15, 1967, 81 Stat. 600; Pub. L. 103–437, § 8(3), Nov. 2, 1994, 108 Stat. 4588, which required the Secretary of Agriculture to report annually to the Committee on Agriculture of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate on the slaughter of animals and the processing and distribution of carcasses and products, terminated, effective May 15, 2000, pursuant to section 3003 of Pub. L. 104–66, as amended, set out as a note under section 1113 of Title 31, Money and Finance. See, also, page 46 of House Document No. 103–7.
21 U.S.C. § 692 (FOOD AND DRUGS)
§ 692. Inspection extended to reindeer
The provisions of the meat-inspection law may be extended to the inspection of reindeer.
(June 30, 1914, ch. 131, 38 Stat. 420.)
heading: Editorial Notes
heading: Codification
text: Section was enacted as part of the appropriation act cited as the credit to this section and not as part of the Federal Meat Inspection Act which is classified to subchapters I to IV–A of this chapter.
Section was formerly classified to section 94 of this title.
21 U.S.C. § 693 (FOOD AND DRUGS)
§ 693. Inspection of dairy products for export
The act of March 3, 1891, as amended, for the inspection of live cattle and products thereof, shall be deemed to include dairy products intended for exportation to any foreign country, and the Secretary of Agriculture may apply, under rules and regulations to be prescribed by him, the provisions of said act for inspection and certification appropriate for ascertaining the purity and quality of such products, and may cause the same to be so marked, stamped, or labeled as to secure their identity and make known in the markets of foreign countries to which they may be sent from the United States their purity, quality, and grade; and all the provisions of said act relating to live cattle and products thereof for export shall apply to dairy products so inspected and certified.
(May 23, 1908, ch. 192, 35 Stat. 254.)
heading: Editorial Notes
heading: References in Text
text: Act of March 3, 1891, referred to in text, is act Mar. 3, 1891, ch. 555, 26 Stat. 1089, which was superseded by act Mar. 4, 1907, ch. 2907, 34 Stat. 1260, as amended by act June 29, 1938, ch. 810, 52 Stat. 1235 (formerly classified to section 71 et seq. of this title). Act Mar. 4, 1907, ch. 2907, was generally revised by Pub. L. 90–201, Dec. 15, 1967, 81 Stat. 584, and is classified to this chapter.
heading: Codification
text: Section was not enacted as part of the Federal Meat Inspection Act which is classified to subchapters I to IV–A of this chapter.
Section was formerly classified to sections 94a and 132 of this title.
21 U.S.C. § 694 (FOOD AND DRUGS)
§ 694. Authorization of appropriations
Annual appropriations of the sum of $3,000,000 from the general fund of the Treasury are authorized for the expenses of the inspection of cattle, sheep, swine, and goats and the meat and meat food products thereof which enter into interstate or foreign commerce and for all expenses necessary to carry into effect the provisions of this Act relating to meat inspection, including rent and the employment of labor in Washington and elsewhere, for each year, and in addition there is authorized to be appropriated such other sums as may be necessary in the enforcement of the meat inspection laws.
(June 30, 1906, ch. 3913, 34 Stat. 679; June 26, 1934, ch. 756, § 2, 48 Stat. 1225.)
heading: Editorial Notes
heading: References in Text
text: This Act, referred to in text, is act June 30, 1906, ch. 3913, 34 Stat. 669, which made appropriations for the Department of Agriculture for the fiscal year ending June 30, 1907.
heading: Codification
text: Section 2 of act June 26, 1934, which was classified to section 725a of former Title 31, Money and Finance, repealed the permanent appropriation under the title “Meat inspection, Bureau of Animal Industry (fiscal year) (3–114)” effective July 1, 1935, provided that such portions of any Acts as make permanent appropriations to be expended under such account are amended so as to authorize, in lieu thereof, annual appropriations from the general fund of the Treasury in identical terms and in such amounts as now provided by the laws providing such permanent appropriations, and authorized, in addition thereto, the appropriation of “such other sums as may be necessary in the enforcement of the meat inspection laws.” In the original, the parenthetical “(U.S.C., title 21, secs. 71 to 96, inclusive)” followed the phrase “meat inspection laws”. The “meat inspection laws” are classified generally to this chapter.
Section was not enacted as part of the Federal Meat Inspection Act which is classified to subchapters I to IV–A of this chapter.
Section was formerly classified to section 95 of this title.
21 U.S.C. § 695 (FOOD AND DRUGS)
§ 695. Payment of cost of meat-inspection service; exception
The cost of inspection rendered on and after July 1, 1948, under the requirements of laws relating to Federal inspection of meat and meat food products shall be borne by the United States except the cost of overtime and holiday pay paid pursuant to section 2219a of title 7.
(June 5, 1948, ch. 423, 62 Stat. 344; Pub. L. 107–171, title X, § 10703(c)(2), May 13, 2002, 116 Stat. 517.)
heading: Editorial Notes
heading: References in Text
text: Section 2219a of title 7, referred to in text, was in the original “section 10703 of the Farm Security and Rural Investment Act of 2002”, meaning section 10703 of Pub. L. 107–171, which enacted section 2219a of Title 7, Agriculture, amended this section, section 468 of this title, and section 5549 of Title 5, Government Organization and Employees, and repealed section 394 of Title 7.
heading: Codification
text: Section was formerly classified to section 98 of this title.
Section was not enacted as part of the Federal Meat Inspection Act which is classified to subchapters I to IV–A of this chapter.
heading: Amendments
text: 2002—Pub. L. 107–171 substituted “overtime and holiday pay paid pursuant to section 2219a of title 7.” for “overtime pursuant to section 394 of title 7.”
21 U.S.C. § 813 (FOOD AND DRUGS)
§ 813. Treatment of controlled substance analogues
(a) In general
A controlled substance analogue shall, to the extent intended for human consumption, be treated, for the purposes of any Federal law as a controlled substance in schedule I.
(b) Determination
In determining whether a controlled substance analogue was intended for human consumption under subsection (a), the following factors may be considered, along with any other relevant factors:
(1) The marketing, advertising, and labeling of the substance.
(2) The known efficacy or usefulness of the substance for the marketed, advertised, or labeled purpose.
(3) The difference between the price at which the substance is sold and the price at which the substance it is purported to be or advertised as is normally sold.
(4) The diversion of the substance from legitimate channels and the clandestine importation, manufacture, or distribution of the substance.
(5) Whether the defendant knew or should have known the substance was intended to be consumed by injection, inhalation, ingestion, or any other immediate means.
(6) Any controlled substance analogue that is manufactured, formulated, sold, distributed, or marketed with the intent to avoid the provisions of existing drug laws.
(c) Limitation
For purposes of this section, evidence that a substance was not marketed, advertised, or labeled for human consumption, by itself, shall not be sufficient to establish that the substance was not intended for human consumption.
(Pub. L. 91–513, title II, § 203, as added Pub. L. 99–570, title I, § 1202, Oct. 27, 1986, 100 Stat. 3207–13; amended Pub. L. 100–690, title VI, § 6470(c), Nov. 18, 1988, 102 Stat. 4378; Pub. L. 115–271, title III, § 3241, Oct. 24, 2018, 132 Stat. 3950.)
heading: Editorial Notes
heading: References in Text
text: Schedule I, referred to in subsec. (a), is set out in section 812(c) of this title.
heading: Amendments
text: 2018—Pub. L. 115–271 designated existing provisions as subsec. (a), inserted heading, and added subsecs. (b) and (c).
1988—Pub. L. 100–690 substituted “any Federal law” for “this subchapter and subchapter II of this chapter”.
21 U.S.C. § 821 (FOOD AND DRUGS)
§ 821. Rules and regulations
The Attorney General is authorized to promulgate rules and regulations and to charge reasonable fees relating to the registration and control of the manufacture, distribution, and dispensing of controlled substances and to listed chemicals.
(Pub. L. 91–513, title II, § 301, Oct. 27, 1970, 84 Stat. 1253; Pub. L. 103–200, § 3(a), Dec. 17, 1993, 107 Stat. 2336; Pub. L. 108–447, div. B, title VI, § 633(b), Dec. 8, 2004, 118 Stat. 2922.)
heading: Editorial Notes
heading: Amendments
text: 2004—Pub. L. 108–447 substituted “listed chemicals” for “the registration and control of regulated persons and of regulated transactions”.
1993—Pub. L. 103–200 inserted before period at end “and to the registration and control of regulated persons and of regulated transactions”.
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date of 1993 Amendment
text: Amendment by Pub. L. 103–200 effective on date that is 120 days after Dec. 17, 1993, see section 11 of Pub. L. 103–200, set out as a note under section 802 of this title.
heading: Effective Date
text: Section effective on first day of seventh calendar month that begins after Oct. 26, 1970, see section 704 of Pub. L. 91–513, set out as a note under section 801 of this title.
21 U.S.C. § 826a (FOOD AND DRUGS)
§ 826a. Attorney General report on drug shortages
Not later than 6 months after July 9, 2012, and annually thereafter, the Attorney General shall submit to the Committee on Energy and Commerce of the House of Representatives and the Committee on the Judiciary of the Senate a report on drug shortages that—
(1) identifies the number of requests received under section 826(h) of this title (as added by section 1005 of this Act), the average review time for such requests, the number of requests granted and denied under such section, and, for each of the requests denied under such section, the basis for such denial;
(2) describes the coordination between the Drug Enforcement Administration and Food and Drug Administration on efforts to prevent or alleviate drug shortages; and
(3) identifies drugs containing a controlled substance subject to section 826 of this title when such a drug is determined by the Secretary to be in shortage.
(Pub. L. 112–144, title X, § 1006, July 9, 2012, 126 Stat. 1105.)
heading: Editorial Notes
heading: References in Text
text: Section 1005 of this Act, referred to in par. (1), means section 1005 of Pub. L. 112–144, which amended section 826 of this title.
heading: Codification
text: Section was enacted as part of the Food and Drug Administration Safety and Innovation Act, and not as part of the Controlled Substances Act which comprises this subchapter.
heading: Statutory Notes and Related Subsidiaries
heading: Definition of “Secretary”
text: The term “Secretary” as meaning the Secretary of Health and Human Services, see section 1001(b) of Pub. L. 112–144, set out as an Effect of Notification note under section 356c of this title.
21 U.S.C. § 845...845b (FOOD AND DRUGS)
§§ 845 to 845b. Transferred
heading: Editorial Notes
heading: Codification
text: Section 845, Pub. L. 91–513, title II, § 405, Oct. 27, 1970, 84 Stat. 1265, as amended, which related to distribution of controlled substances to persons under age twenty-one, was renumbered § 418 of Pub. L. 91–513 by Pub. L. 101–647, title X, § 1002(a)(1), Nov. 29, 1990, 104 Stat. 4827, and transferred to section 859 of this title.
Section 845a, Pub. L. 91–513, title II, § 405A, as added Pub. L. 98–473, title II, § 503(a), Oct. 12, 1984, 98 Stat. 2069, and amended, which related to distribution or manufacturing of controlled substances in or near schools and colleges, was renumbered § 419 of Pub. L. 91–513 by Pub. L. 101–647, title X, § 1002(b), Nov. 29, 1990, 104 Stat. 4827, and transferred to section 860 of this title.
Section 845b, Pub. L. 91–513, title II, § 405B, as added Pub. L. 99–570, title I, § 1102, Oct. 27, 1986, 100 Stat. 3207–10, and amended, which related to employment or use of persons under 18 years of age in drug operations, was renumbered § 420 of Pub. L. 91–513 by Pub. L. 101–647, title X, § 1002(c), Nov. 29, 1990, 104 Stat. 4827, and transferred to section 861 of this title.
21 U.S.C. § 846 (FOOD AND DRUGS)
§ 846. Attempt and conspiracy
Any person who attempts or conspires to commit any offense defined in this subchapter shall be subject to the same penalties as those prescribed for the offense, the commission of which was the object of the attempt or conspiracy.
(Pub. L. 91–513, title II, § 406, Oct. 27, 1970, 84 Stat. 1265; Pub. L. 100–690, title VI, § 6470(a), Nov. 18, 1988, 102 Stat. 4377.)
heading: Editorial Notes
heading: Amendments
text: 1988—Pub. L. 100–690 substituted “shall be subject to the same penalties as those prescribed for the offense” for “is punishable by imprisonment or fine or both which may not exceed the maximum punishment prescribed for the offense”.
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date
text: Section effective on first day of seventh calendar month that begins after Oct. 26, 1970, see section 704 of Pub. L. 91–513, set out as a note under section 801 of this title.
21 U.S.C. § 847 (FOOD AND DRUGS)
§ 847. Additional penalties
Any penalty imposed for violation of this subchapter shall be in addition to, and not in lieu of, any civil or administrative penalty or sanction authorized by law.
(Pub. L. 91–513, title II, § 407, Oct. 27, 1970, 84 Stat. 1265.)
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date
text: Section effective on first day of seventh calendar month that begins after Oct. 26, 1970, see section 704 of Pub. L. 91–513, set out as a note under section 801 of this title.
21 U.S.C. § 849 (FOOD AND DRUGS)
§ 849. Transportation safety offenses
(a) Definitions
In this section—
“safety rest area” means a roadside facility with parking facilities for the rest or other needs of motorists.
“truck stop” means a facility (including any parking lot appurtenant thereto) that—
(A) has the capacity to provide fuel or service, or both, to any commercial motor vehicle (as defined in section 31301 of title 49), operating in commerce (as defined in that section); and
(B) is located within 2,500 feet of the National System of Interstate and Defense Highways or the Federal-Aid Primary System.
(b) First offense
A person who violates section 841(a)(1) of this title or section 856 of this title by distributing or possessing with intent to distribute a controlled substance in or on, or within 1,000 feet of, a truck stop or safety rest area is (except as provided in subsection (b)) 1 subject to—
(1) twice the maximum punishment authorized by section 841(b) of this title; and
(2) twice any term of supervised release authorized by section 841(b) of this title for a first offense.
(c) Subsequent offense
A person who violates section 841(a)(1) of this title or section 856 of this title by distributing or possessing with intent to distribute a controlled substance in or on, or within 1,000 feet of, a truck stop or a safety rest area after a prior conviction or convictions under subsection (a) 2 have become final is subject to—
(1) 3 times the maximum punishment authorized by section 841(b) of this title; and
(2) 3 times any term of supervised release authorized by section 841(b) of this title for a first offense.
(Pub. L. 91–513, title II, § 409, as added Pub. L. 103–322, title XVIII, § 180201(b)(1), Sept. 13, 1994, 108 Stat. 2046.)
heading: Editorial Notes
heading: Prior Provisions
text: A prior section 849, Pub. L. 91–513, title II, § 409, Oct. 27, 1970, 84 Stat. 1266; Pub. L. 99–514, § 2, Oct. 22, 1986, 100 Stat. 2095, related to dangerous special drug offender sentencing, prior to repeal by Pub. L. 98–473, title II, §§ 219(a), 235(a)(1), Oct. 12, 1984, 98 Stat. 2027, 2031, eff. Nov. 1, 1987, and applicable only to offenses committed after the taking effect of such repeal.
21 U.S.C. § 850 (FOOD AND DRUGS)
§ 850. Information for sentencing
Except as otherwise provided in this subchapter or section 242a(a) 1 of title 42, no limitation shall be placed on the information concerning the background, character, and conduct of a person convicted of an offense which a court of the United States may receive and consider for the purpose of imposing an appropriate sentence under this subchapter or subchapter II.
(Pub. L. 91–513, title II, § 410, Oct. 27, 1970, 84 Stat. 1269.)
heading: Editorial Notes
heading: References in Text
text: Section 242a of title 42, referred to in text, was repealed by Pub. L. 106–310, div. B, title XXXII, § 3201(b)(1), Oct. 17, 2000, 114 Stat. 1190.
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date
text: Section effective on first day of seventh calendar month that begins after Oct. 26, 1970, see section 704 of Pub. L. 91–513, set out as a note under section 801 of this title.
21 U.S.C. § 852 (FOOD AND DRUGS)
§ 852. Application of treaties and other international agreements
Nothing in the Single Convention on Narcotic Drugs, the Convention on Psychotropic Substances, or other treaties or international agreements shall be construed to limit the provision of treatment, education, or rehabilitation as alternatives to conviction or criminal penalty for offenses involving any drug or other substance subject to control under any such treaty or agreement.
(Pub. L. 91–513, title II, § 412, as added Pub. L. 95–633, title I, § 107(a), Nov. 10, 1978, 92 Stat. 3773.)
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date
text: Section effective on date the Convention on Psychotropic Substances enters into force in the United States [July 15, 1980], see section 112 of Pub. L. 95–633, set out as a note under section 801a of this title.
21 U.S.C. § 853a (FOOD AND DRUGS)
§ 853a. Transferred
heading: Editorial Notes
heading: Codification
text: Section, Pub. L. 100–690, title V, § 5301, Nov. 18, 1988, 102 Stat. 4310, which related to denial of Federal benefits to drug traffickers and possessors, was renumbered section 421 of the Controlled Substances Act by Pub. L. 101–647, title X, § 1002(d)(1), Nov. 29, 1990, 104 Stat. 4827, and is classified to section 862 of this title.