21 U.S.C. § 18 — Suspension of importation of adulterated articles
submitted 136 years ago by ch. 839 to r/title-21-FOOD-AND-DRUGS · 127 words · no verdicts yet
The President can stop imports of dangerously adulterated food or drink from a foreign country. He does this by proclamation if the food poses a health danger to the public. During the suspension, importing those articles from that country becomes illegal.
This section lets the President block imports of unsafe food or drink from a specific foreign country.
The President must first be satisfied there is good reason to believe an import is happening, or about to happen. That import must involve an article used for human food or drink. The article must be "adulterated to an extent dangerous to the health or welfare" of people in the United States. That phrase means the food is contaminated or altered in a way that threatens public health.
If those conditions are met, the President may proclaim a suspension of importing such articles from that country. The President decides how long the suspension lasts, based on how much time he thinks is necessary to prevent the dangerous imports.
Once the proclamation issues, the law changes the legal status of those goods. During the suspension, it becomes unlawful to import the named articles into the United States from any country the proclamation names. This restriction applies only to the specific articles the President identified as dangerous, and only for the period the proclamation states.
facts
Whenever the President is satisfied that there is good reason to believe that any importation is being made, or is about to be made, into the United States, from any foreign country, of any article used for human food or drink that is adulterated to an extent dangerous to the health or welfare of the people of the United States, or any of them, he may issue his proclamation suspending the importation of such articles from such country for such period of time as he may think necessary to prevent such importation; and during such period it shall be unlawful to import into the United States from the countries designated in the proclamation of the President any of the articles the importation of which is so suspended.
Source credit: (Aug. 30, 1890, ch. 839, § 4, 26 Stat. 415.)
- 1890Enacted · Act of Aug. 30, 1890, ch. 839 · 26 Stat. 415
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