21 U.S.C. § 350e — Sanitary transportation practices
submitted 88 years ago by Pub. L. 109-59 to r/title-21-FOOD-AND-DRUGS · 520 words · no verdicts yet
This law requires the FDA to set sanitary rules for shipping food. Shippers, carriers, and receivers must follow practices covering sanitation, packaging, vehicle limits, and recordkeeping. The Secretary can grant waivers, and conflicting state rules are overridden.
(a) Definitions: (1) "Bulk vehicle" includes tank trucks, hopper trucks, rail tank cars, hopper cars, cargo tanks, portable tanks, freight containers, hopper bins, and any other vehicle where food* is shipped in bulk and touches the vehicle directly. (2) "Transportation" means any movement of goods in commerce by motor vehicle or rail vehicle.
(b) Regulations: The Secretary* must issue rules requiring shippers, motor and rail carriers, receivers, and others who transport food to use sanitary practices, so food isn't transported in conditions that could make it adulterated.
(c) Contents: These rules must (1) set appropriate practices for: (A) sanitation; (B) packaging, isolation, and other protective steps; (C) limits on which vehicles may be used; (D) information a person* arranging food transport must give a carrier, and information a manufacturer must give a carrier or someone supplying a tank or bulk vehicle; and (E) recordkeeping. The rules must also (2) include a list of nonfood products that could make food adulterated if shipped in the same bulk vehicle afterward, and a separate list of nonfood products that could do the same if shipped in the same non-bulk motor or rail vehicle at the same time or afterward.
(d) Waivers: (1) The Secretary may waive any requirement of this section for a class of people, vehicles, food, or nonfood products, if the waiver won't make food transport unsafe for humans or animals and won't go against the public interest. (2) Any waiver, and the reasons for it, must be published in the Federal Register.
(e) Preemption: (1) A state or local rule about food transportation is overridden if (A) it's impossible to comply with both it and this section (or its regulations), or (B) the state or local rule blocks accomplishing what this section (or its regulations) requires. (2) This preemption applies to transportation happening on or after the regulations under subsection (b) take effect.
(f) Assistance of other agencies: The Secretaries of Transportation and Agriculture, the Administrator* of the Environmental Protection Agency, and other federal agency heads must, when asked and if they have the resources, help the Secretary carry out this section.
In this section:
The term “bulk vehicle” includes a tank truck, hopper truck, rail tank car, hopper car, cargo tank, portable tank, freight container, or hopper bin, and any other vehicle in which food* is shipped in bulk, with the food coming into direct contact with the vehicle.
The term “transportation” means any movement in commerce by motor vehicle or rail vehicle.
The Secretary* shall by regulation require shippers, carriers by motor vehicle or rail vehicle, receivers, and other persons engaged in the transportation of food to use sanitary transportation practices prescribed by the Secretary to ensure that food is not transported under conditions that may render the food adulterated.
The regulations under subsection (b) shall—
prescribe such practices as the Secretary determines to be appropriate relating to—
sanitation;
packaging, isolation, and other protective measures;
limitations on the use of vehicles;
information to be disclosed—
to a carrier by a person* arranging for the transport of food; and
to a manufacturer or other person that—
arranges for the transportation of food by a carrier; or
furnishes a tank vehicle or bulk vehicle for the transportation of food; and
recordkeeping; and
include—
a list of nonfood products that the Secretary determines may, if shipped in a bulk vehicle, render adulterated food that is subsequently transported in the same vehicle; and
a list of nonfood products that the Secretary determines may, if shipped in a motor vehicle or rail vehicle (other than a tank vehicle or bulk vehicle), render adulterated food that is simultaneously or subsequently transported in the same vehicle.
The Secretary may waive any requirement under this section, with respect to any class of persons, vehicles, food, or nonfood products, if the Secretary determines that the waiver—
will not result in the transportation of food under conditions that would be unsafe for human or animal health; and
will not be contrary to the public interest.
The Secretary shall publish in the Federal Register any waiver and the reasons for the waiver.
A requirement of a State or political subdivision of a State that concerns the transportation of food is preempted if—
complying with a requirement of the State or political subdivision and a requirement of this section, or a regulation prescribed under this section, is not possible; or
the requirement of the State or political subdivision as applied or enforced is an obstacle to accomplishing and carrying out this section or a regulation prescribed under this section.
This subsection applies to transportation that occurs on or after the effective date of the regulations promulgated under subsection (b).
The Secretary of Transportation, the Secretary of Agriculture, the Administrator* of the Environmental Protection Agency, and the heads of other Federal agencies, as appropriate, shall provide assistance on request, to the extent resources are available, to the Secretary for the purposes of carrying out this section.
Source credit: (June 25, 1938, ch. 675, § 416, as added Pub. L. 109–59, title VII, § 7202(b), Aug. 10, 2005, 119 Stat. 1911.)
- 1938Enacted · Pub. L. 109-59 · 119 Stat. 1911
A history note hasn’t been published yet. The record shows enactment by Pub. L. 109-59 on 1938-06-25.
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