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21 U.S.C. § 345 — Regulations making exemptions

submitted 88 years ago by ch. 675 to r/title-21-FOOD-AND-DRUGS · 97 words · no verdicts yet

in plain englishAI-generated · not legal advice

The Secretary must write rules exempting certain foods from labeling requirements. This covers small containers of fresh fruit and vegetables, and food later processed or repacked in bulk elsewhere. The food still must not be adulterated or misbranded, and nutrition and claims labeling rules still apply.

The Secretary must issue regulations exempting two kinds of food from this chapter's labeling requirements: (1) small open containers of fresh fruits and fresh vegetables; and (2) food that, following normal trade practice, will be processed, labeled, or repacked in bulk at a different location than where it was first processed or packed — as long as the food is not adulterated or misbranded under this chapter when it leaves that first processing, labeling, or repacking site. This exemption does not apply to the nutrition labeling requirements of section 343(q) or the claims-labeling requirements of section 343(r); those still apply regardless.
the actual law source: uscode.house.gov ↗public domain

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.

Source credit: (June 25, 1938, ch. 675, § 405, 52 Stat. 1049; Pub. L. 101–535, § 5(a), Nov. 8, 1990, 104 Stat. 2362.)

history & why it existsrecord from the source credit
  • 1938Enacted · Act of June 25, 1938, ch. 675 · 52 Stat. 1049
  • 1990Amended · Pub. L. 101-535 · 104 Stat. 2362

A history note hasn’t been published yet. The record shows enactment by ch. 675 on 1938-06-25.

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