§ 345. — Regulations making exemptions.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 21USC345]
TITLE 21--FOOD AND DRUGS
CHAPTER 9--FEDERAL FOOD, DRUG, AND COSMETIC ACT
SUBCHAPTER IV--FOOD
Sec. 345. Regulations making exemptions
The Secretary shall promulgate regulations exempting from any
labeling requirement of this chapter (1) small open containers of fresh
fruits and fresh vegetables and (2) food which is, in accordance with
the practice of the trade, to be processed, labeled, or repacked in
substantial quantities at establishments other than those where
originally processed or packed, on condition that such food is not
adulterated or misbranded under the provisions of this chapter upon
removal from such processing, labeling, or repacking establishment. This
section does not apply to the labeling requirements of sections 343(q)
and 343(r) of this title.
(June 25, 1938, ch. 675, Sec. 405, 52 Stat. 1049; Pub. L. 101-535,
Sec. 5(a), Nov. 8, 1990, 104 Stat. 2362.)
Amendments
1990--Pub. L. 101-535 inserted at end ``This section does not apply
to the labeling requirements of sections 343(q) and 343(r) of this
title.''
Effective Date of 1990 Amendment
Amendment by Pub. L. 101-535 effective six months after the date of
the promulgation of final regulations to implement section 343(r) of
this title, or if such regulations are not promulgated, the date
proposed regulations are to be considered as such final regulations
(Nov. 8, 1992), with exception for persons marketing food the brand name
of which contains a term defined by the Secretary under section
343(r)(2)(A)(i) of this title, see section 10(a) of Pub. L. 101-535, set
out as a note under section 343 of this title.
Construction of Amendments by Pub. L. 101-535
Amendments by Pub. L. 101-535 not to be construed to alter authority
of Secretary of Health and Human Services and Secretary of Agriculture
under the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 301 et seq.),
the Federal Meat Inspection Act (21 U.S.C. 601 et seq.), the Poultry
Products Inspection Act (21 U.S.C. 451 et seq.), and the Egg Products
Inspection Act (21 U.S.C. 1031 et seq.), see section 9 of Pub. L. 101-
535, set out as a note under section 343 of this title.
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 in the Department of
Agriculture to Federal Security Agency, see note set out under section
41 of this title.
Section Referred to in Other Sections
This section is referred to in section 343 of this title.
