21 U.S.C. § 148 — Powers of State with respect to milk or cream lawfully imported
submitted 99 years ago by ch. 155 to r/title-21-FOOD-AND-DRUGS · 64 words · no verdicts yet
This subchapter does not take away any State's power over milk or cream. States and local governments can still regulate shipping milk or cream into their area. They can also control its handling, sale, or disposal, once it is lawfully imported under this subchapter.
This section is a single, undivided rule protecting State and local power over milk and cream. Nothing in this subchapter is meant to reduce that power, and nothing in it should be read as reducing that power. A State, or any political subdivision of a State, such as a city or county, keeps full authority to regulate the shipment of milk or cream into its own borders. It also keeps authority over how that milk or cream is handled, sold, or otherwise disposed of within its borders. This state and local authority applies once the milk or cream has been lawfully imported under this subchapter's rules. In short, this subchapter's federal import rules for milk and cream do not override state and local regulation of that milk or cream once it arrives.
Nothing in this subchapter is intended nor shall be construed to affect the powers of any State, or any political subdivision thereof, to regulate the shipment of milk or cream into, or the handling, sale, or other disposition of milk or cream in, such State or political subdivision after the milk and/or cream shall have been lawfully imported under the provisions of this subchapter.
Source credit: (Feb. 15, 1927, ch. 155, § 8, 44 Stat. 1103.)
- 1927Enacted · Act of Feb. 15, 1927, ch. 155 · 44 Stat. 1103
A history note hasn’t been published yet. The record shows enactment by ch. 155 on 1927-02-15.
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