21 U.S.C. § 392 — Exemption of meats and meat food products

submitted 88 years ago by ch. 675 to r/title-21-FOOD-AND-DRUGS · 169 words · no verdicts yet

in plain englishAI-generated · not legal advice

Meat and meat food products follow the Meat Inspection Act instead of this chapter's rules. This chapter does not change other laws, like the Filled Milk Act and the Filled Cheese Act.

(a) Meats and meat food products do not have to follow the rules in this chapter. This exemption applies only to the extent that the Meat Inspection Act of 1907, as amended, applies to them instead. (b) This chapter does not affect, change, cancel, or replace several other laws. It does not touch the part of the Public Health Service Act covering viruses, serums, toxins, and similar products used on people. It does not touch the 1913 law covering the same kinds of products used on farm animals. It does not touch the Filled Cheese Act of 1896, the Filled Milk Act of 1923, or the Import Milk Act of 1927. All of these laws continue to apply on their own terms.

facts

- Codified at 21 U.S.C. § 392, titled "Exemption of meats and meat food products." - Contains two subsections: (a) addresses law determinative of exemption under the Meat Inspection Act; (b) preserves other laws (e.g., Public Health Service Act, Filled Cheese Act, Filled Milk Act, Import Milk Act). - Originally enacted June 25, 1938, ch. 675, § 1002(b), (c) (formerly § 902(b), (c)), 52 Stat. 1059. - Amended by Pub. L. 90–399, § 107 (July 13, 1968) and renumbered by Pub. L. 111–31, div. A, title I, § 101(b)(2) (June 22, 2009), reflecting 2 amendments. - Provision totals 169 words in length.

the actual law source: uscode.house.gov ↗public domain

(a) Law determinative of exemption

Meats and meat food products shall be exempt from the provisions of this chapter to the extent of the application or the extension thereto of the Meat Inspection Act, approved March 4, 1907, as amended [21 U.S.C. 601 et seq.].

(b) Laws unaffected

Nothing contained in this chapter shall be construed as in any way affecting, modifying, repealing, or superseding the provisions of section 351 of Public Health Service Act [42 U.S.C. 262] (relating to viruses, serums, toxins, and analogous products applicable to man); the virus, serum, toxin, and analogous products provisions, applicable to domestic animals, of the Act of Congress approved March 4, 1913 (37 Stat. 832–833) [21 U.S.C. 151 et seq.]; the Filled Cheese Act of June 6, 1896 (U.S.C., 1934 ed., title 26, ch. 10), the Filled Milk Act of March 4, 1923 [21 U.S.C. 61 et seq.]; or the Import Milk Act of February 15, 1927 [21 U.S.C. 141 et seq.].

Source credit: (June 25, 1938, ch. 675, § 1002(b), (c), formerly § 902(b), (c), 52 Stat. 1059; Pub. L. 90–399, § 107, July 13, 1968, 82 Stat. 353; renumbered § 1002(b), (c), Pub. L. 111–31, div. A, title I, § 101(b)(2), June 22, 2009, 123 Stat. 1784.)

history & why it existsrecord from the source credit

1938Enacted · Act of June 25, 1938, ch. 675 · 52 Stat. 1059
1968Amended · Pub. L. 90-399 · 82 Stat. 353
2009Amended · Pub. L. 111-31 · 123 Stat. 1784

The record indicates that this section originated in the Act of June 25, 1938, chapter 675, as section 902(b) and (c), enacted at 52 Stat. 1059. The source credit shows that it was subsequently amended by Public Law 90–399, section 107, in 1968, and later renumbered as section 1002(b) and (c) by Public Law 111–31 in 2009. The amendment activity is thus modest but spans several decades, reflecting periodic technical and organizational adjustments rather than substantive rewriting, so far as the citation record reveals. Historical context: The 1938 act is commonly identified as the Federal Food, Drug, and Cosmetic Act, generally understood to have been enacted to strengthen federal authority over adulterated and misbranded food, drugs, and cosmetics following well-documented public concern in that era about unsafe products. The specific provision exempting meats and meat food products, and preserving other statutes governing biologics, filled cheese, filled milk, and imported milk, is generally understood to reflect Congress's intent to avoid overlapping or conflicting jurisdiction among multiple regulatory schemes already in place, such as the Meat Inspection Act of 1907 and the Public Health Service Act. However, the record does not establish the specific legislative reasoning behind this particular exemption provision, and no further detail should be inferred beyond what the statutory text and source credit provide.

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