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21 U.S.C. § 379aPresumption of existence of jurisdiction

submitted 88 years ago by Pub. L. 94-295 to r/title-21-FOOD-AND-DRUGS · 35 words · no verdicts yet

in plain englishAI-generated · not legal advice

This law makes court cases easier to bring under this chapter. It applies to devices, tobacco products, food, drugs, and cosmetics. Courts must presume the case has the interstate-commerce connection needed for jurisdiction, without proof.

This section makes it easier to bring enforcement actions under this chapter. To sue in court to enforce this chapter's requirements, the case normally needs a connection to interstate commerce — meaning trade or activity that crosses state lines. A court would ordinarily need proof of that connection before it has jurisdiction, meaning the power to hear the case. This section removes that proof requirement for certain products. It applies to any action enforcing this chapter's requirements for a device, a tobacco product, food, a drug, or a cosmetic. For those actions, the interstate commerce connection needed for jurisdiction is presumed to exist. That means the court treats it as true without requiring separate proof.
the actual law source: uscode.house.gov ↗public domain

In any action to enforce the requirements of this chapter respecting a device, tobacco product, food, drug, or cosmetic the connection with interstate commerce required for jurisdiction in such action shall be presumed to exist.

Source credit: (June 25, 1938, ch. 675, § 709, as added Pub. L. 94–295, § 8, May 28, 1976, 90 Stat. 583; amended Pub. L. 105–115, title IV, § 419, Nov. 21, 1997, 111 Stat. 2379; Pub. L. 111–31, div. A, title I, § 103(k), June 22, 2009, 123 Stat. 1837.)

history & why it existsrecord from the source credit
  • 1938Enacted · Pub. L. 94-295 · 90 Stat. 583
  • 1997Amended · Pub. L. 105-115 · 111 Stat. 2379
  • 2009Amended · Pub. L. 111-31 · 123 Stat. 1837

A history note hasn’t been published yet. The record shows enactment by Pub. L. 94-295 on 1938-06-25.

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