An Act to amend the Federal Food, Drug, and Cosmetic Act, so as to protect the public health and welfare by providing certain authority for factory inspection, and for other purposes
PL 83-217 (H.R.5740), enacted 08/07/1953

4T6 
PUBLIC LAW 216-AUG. 7, 1953 
[67 ST A T . 
and to make sucli lawful expenditures, as the Commission or such 
subcommittee or member may deem advisable. 
(b) OBTAINING OFFICIAL DATA.—The Commission is authorized to 
request from any department, agency, or independent instrumentality 
of the Government any information it deems necessary to carry out 
its functions under this title.; and each such department, agency, and 
instrumentality is authorized to furnish such information to the Com-
mission, upon request made by the Chairman or by the Vice Chairman 
when acting as Chairman. 
Approved August 7, 1953. 
August 7,1953 
[S.2249] 
Public Law 216 
CHAPTER 349 
AN ACT 
To enable the President, during the period endihg March 15, 1954, to furnish to 
peoples friendly to the United States emergency assistance in meeting famine 
or other urgent relief requirements. 
Famine relief. 
Appropriation. 
T e r m i n at i on 
date. 
Be it enacted hy the Senate and House of Representatives 
of the 
United States of America in Congress assembled, That, in order to 
enable the President to furnish emergency assistance on behalf of the 
people of the United States to friendly peoples in meeting famine or 
other urgent relief requirements, the Commodity Credit Corporation 
is authorized and directed to make available to the President out of 
its stocks such agricultural commodities f. o. b. vessels in United States 
ports as he may request for transfer (1) to any nation friendly to the 
United States in order to meet famine or other urgent relief require-
ments of such nation and (2) to friendly but needy populations without 
regard to the friendliness of their government providing that such 
commodities will be so distributed as to relieve actual distress among 
such populations. 
Not more than $100,000,000 (including the Corpo-
ration's investment in the commodities) shall be expended for all 
transfers, including delivery on board vessels, under this section. 
The 
President may make such transfer through such agencies, in such 
manner, and upon such terms and conditions as he deems appropriate. 
SEC. 2. For the purpose of making payment to the Commodity Credit 
Corporation for commodities disposed of hereunder, there are hereby 
authorized to be appropriated to the Commodity Credit Corporation, 
out of any moneys in the Treasury not otherwise appropriated, such 
sums as are equal to the Corporation's investment in such commodities, 
including handling costs, plus the cost incurred in making deliveries 
hereunder. 
SEC. 3. No programs of assistance shall be undertaken under the 
authority of this Act after March 15,1954. 
Approved August 7, 1953. 
August 7, 1953 
[H. R. 5740] 
Public Law 217 
CHAPTER 350 
AN ACT 
To amend the Federal Food, Drug, and Cosmetic Act, so as to protect the public 
health and welfare by providing certain authority for factory inspection, and 
for other purposes. 
Federal 
F o o d , 
D r u g , a n d C o s -
metic Act, amend-
ments. 
52 Stat. 105 7. 
Be it enacted by the Senate and House of Repr'csentatives 
of the 
United States of America in Congress assembled, That section 704 of 
the Federal Food, Drug, and Cosmetic Act, as amended (21 U. S. C, 
sec. 374) is amended to read as follows: 
67 S T A T . ] 
P U B U C LAW 217-AUG. 7, 1953 
477 
"FACTTOEY INSPECTION 
"SEC. 704. (a) For purposes of enforcement of this Act, officers or 
employees duly designated by the Secretary, upon presenting appro-
priate credentials and a written notice to the owner, operator, or agent 
in charge, are authorized (1) to enter, at reasonable times, any factory, 
warehouse, or establishment in which food, drugs, devices, or cosmetics 
are manufactured, processed, packed, or held, for introduction into 
interstate commerce or are held after such introduction, or to enter 
any vehicle being used to transport or hold such food, drugs, devices, 
or cosmetics in interstate commerce; and (2) to inspect, at reasonable 
times and within reasonable limits and in a reasonable manner, such 
factory, warehouse, establishment, or vehicle and all pertinent equip-
ment, finished and unfinished materials, containers, and labeling 
therein. A separate notice shall be given for each such inspection, but 
a notice shall not be required for each entry made during the period 
covered by the inspectioji. Each such inspection shall be commenced 
and completed with reasonable promptness. 
"(b) Upon completion of any such inspection of a factory, ware-
house, or other establishment, and prior to leaving the premises, the 
officer or employee making the inspection shall give to the owner, 
operator, or agent in charge a report in writing setting forth any con-
ditions or practices observed by him which, in his judgment, indicate 
that any food, drug, device, or cosmetic in such establishment (1) 
consists in whole or in part of any filthy, putrid, or decomposed sub-
stance, or (2) has been prepared, packed, or held under insanitary 
conditions whereby it may have become contaminated with filth, or 
whereby it may have been rendered injurious to health. A copy of 
such report shall be sent promptly to the Secretary. 
"(c) If the officer or employee making any such inspection of a 
factory, warehouse, or other establishment has obtained any sample in 
the course of the inspection, upon completion of the inspection and 
prior to leaving the premises he shall give to the owner, operator, or 
agent in charge a receipt describing the samples obtained. 
"(d) Whenever in the course of any such inspection of a factory or 
other establishment where food is manufactured, processed, or pacKed, 
the officer or employee making the inspection obtains a sample of any 
such food, and an analysis is made of such sample for the purpose of 
ascertaining whether such food consists in whole or in part of any 
filthy, putrid, or decomposed substance, or is otherwise unfit for food, 
a copy of the results of such analysis shall be furnished promptly to 
the owner, operator, or agent in charge." 
SEC. 2. Section 301 of such Act (21 U. S. C, sec. 331) is amended by 
^2 stat. io42. 
adding at the end thereof the following new paragraph: 
"(n) The using, in labeling, advertising or other sales promotion of or^anai°*8il^°'*" 
any reference to any report or analysis furnished in compliance with °' °"° ^^^^' 
section 704." 
SEC. 3. Section 304 (c) of such Act (21 U. S. C, sec. 334) is amended 
^2 stat. io45. 
to read as follows: 
"(c) The court at any time after seizure up to a reasonable time 
seized goods. 
before trial shall by order allow any party to a condemnation proceed-
ing, his attorney or agent, to obtain a representative sample of the 
article seized and a true copy of the analysis, if any, on which the 
proceeding is based and the identifying marks or numbers, if any, of 
the packages from which the samples analyzed were obtained." 
Approved August 7, 1953. 
27000 O - 53 - 33 
Sample.