§ 143. — Inspection; certified statement in lieu thereof; waiver of requirements of section 142; regulations; suspension and revocation of permits.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 21USC143]
TITLE 21--FOOD AND DRUGS
CHAPTER 4--ANIMALS, MEATS, AND MEAT AND DAIRY PRODUCTS
SUBCHAPTER IV--IMPORTATION OF MILK AND CREAM
Sec. 143. Inspection; certified statement in lieu thereof;
waiver of requirements of section 142; regulations; suspension
and revocation of permits
The Secretary of Health and Human Services shall cause such
inspections to be made as are necessary to insure that milk and cream
are so produced and handled as to comply with the provisions of section
142 of this title, and in all cases when he finds that such milk and/or
cream is produced and handled so as not to be unfit for importation
under clauses 1, 2, and 3 of section 142 of this title, he shall issue
to persons making application therefor permits to ship milk and/or cream
into the United States: Provided, That in lieu of the inspections to be
made by or under the direction of the Secretary he may, in his
discretion, accept a duly certified statement signed by a duly
accredited official of an authorized department of any foreign
government and/or of any State of the United States or any municipality
thereof that the provisions in clauses 1, 2, and 3 of section 142 of
this title have been complied with. Such certificate of the accredited
official of an authorized department of any foreign government shall be
in the form prescribed by the Secretary, who is authorized and directed
to prescribe such form as well as rules and regulations regulating the
issuance of permits to import milk or cream into the United States.
The Secretary is authorized, in his discretion, to waive the
requirement of clause 4 of section 142 of this title when issuing
permits to operators of condenseries in which milk and/or cream is used
when sterilization of the milk and/or cream is a necessary process:
Provided, however, That no milk and/or cream shall be imported whose
bacterial count per cubic centimeter in any event exceeds one million
two hundred thousand: Provided, further, That such requirements shall
not be waived unless the farm producing such milk to be imported is
within a radius of fifteen miles of the condensery in which it is to be
processed: Provided further, That if milk and/or cream imported when the
requirements of clause 4 of section 142 of this title, have been so
waived, is sold, used, or disposed of in its raw state or otherwise than
as condensed milk by any person, the permit shall be revoked and the
importer shall be subject to fine, imprisonment, or other penalty
prescribed by this subchapter.
The Secretary is directed to waive the requirements of clauses 2 and
5 of section 142 of this title insofar as the same relate to milk when
issuing permits to operators of, or to producers for delivery to,
creameries and condensing plants in the United States within twenty
miles of the point of production of the milk, and who import no raw milk
except for pasteurization or condensing: Provided, That if milk imported
when the requirements of clauses 2 and 5 of section 142 of this title
have been so waived is sold, used, or disposed of in its raw state, or
otherwise than as pasteurized, condensed, or evaporated milk by any
person, the permit shall be revoked and the importer shall be subjected
to fine, imprisonment, or other penalty prescribed by this subchapter.
The Secretary is authorized and directed to make and enforce such
regulations as may in his judgment be necessary to carry out the purpose
of this subchapter for the handling of milk and cream, for the
inspection of milk, cream, cows, barns, and other facilities used in the
production and handling of milk and/or cream and the handling, keeping,
transporting, and importing of milk and/or cream: Provided, however,
That unless and until the Secretary shall provide for inspections to
ascertain that clauses 1, 2, and 3 of section 142 of this title have
been complied with, the Secretary shall issue temporary permits to any
applicants therefor to ship or transport milk and/or cream into the
United States.
The Secretary is authorized to suspend or revoke any permit for the
shipment of milk or cream into the United States when he shall find that
the holder thereof has failed to comply with the provisions of or has
violated this subchapter or any of the regulations made hereunder, or
that the milk and/or cream brought or shipped by the holder of such
permit into the United States is not produced and handled in conformity
with, or that the quality thereof does not conform to, all of the
provisions of section 142 of this title.
(Feb. 15, 1927, ch. 155, Sec. 3, 44 Stat. 1102; 1940 Reorg. Plan No. IV,
Sec. 12, eff. June 30, 1940, 5 F.R. 2421, 54 Stat. 1237; 1953 Reorg.
Plan No. 1, Sec. 5, eff. Apr. 11, 1953, 18 F.R. 2053, 67 Stat. 631; Pub.
L. 96-88, title V, Sec. 509(b), Oct. 17, 1979, 93 Stat. 695.)
Change of Name
``Secretary of Health and Human Services'' substituted in text for
``Secretary of Health, Education, and Welfare'' pursuant to section
509(b) of Pub. L. 96-88, which is classified to section 3508(b) of Title
20, Education.
Transfer of Functions
For transfer of functions of Federal Security Administrator to
Secretary of Health, Education, and Welfare [now Health and Human
Services], and of Food and Drug Administration to Federal Security
Agency, see note set out under section 41 of this title.
