21 U.S.C. § 347a — Congressional declaration of policy regarding oleomargarine sales
submitted 76 years ago by ch. 61 to r/title-21-FOOD-AND-DRUGS · 105 words · no verdicts yet
Congress found that selling, or serving in restaurants, colored margarine that isn't clearly labeled hurts the butter market. The same is true if the margarine is "adulterated" or "misbranded" under federal food law. Congress calls this a burden on interstate commerce, no matter where the margarine was made or sold.
This section is a statement of Congressional findings, not a rule with its own penalties. It has no lettered subsections.
The finding: Congress declares that selling, or serving in public eating places, "colored oleomargarine or colored margarine" causes economic harm when it is not clearly identified as such, or when it is otherwise "adulterated or misbranded" within the meaning of the Federal Food*, Drug*, and Cosmetic* Act (21 U.S.C. 301 et seq.).
The harm Congress says this causes: it depresses the interstate market for butter, and for margarine that is properly identified and not adulterated or misbranded. Congress calls this a burden on interstate commerce* in these products.
Scope: this burden exists regardless of whether the colored margarine came from another state (an "interstate source") or from the very state where it is sold.
This section states policy and findings only; it does not itself define a prohibited act or set a penalty.
The Congress hereby finds and declares that the sale, or the serving in public eating places, of colored oleomargarine or colored margarine without clear identification as such or which is otherwise adulterated or misbranded within the meaning of the Federal Food*, Drug*, and Cosmetic* Act [21 U.S.C. 301 et seq.] depresses the market in interstate commerce* for butter and for oleomargarine or margarine clearly identified and neither adulterated nor misbranded, and constitutes a burden on interstate commerce in such articles. Such burden exists, irrespective of whether such oleomargarine or margarine originates from an interstate source or from the State in which it is sold.
Source credit: (Mar. 16, 1950, ch. 61, § 3(a), 64 Stat. 20.)
- 1950Enacted · Act of Mar. 16, 1950, ch. 61 · 64 Stat. 20
A history note hasn’t been published yet. The record shows enactment by ch. 61 on 1950-03-16.
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