§ 347. — Intrastate sales of colored oleomargarine.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 21USC347]
TITLE 21--FOOD AND DRUGS
CHAPTER 9--FEDERAL FOOD, DRUG, AND COSMETIC ACT
SUBCHAPTER IV--FOOD
Sec. 347. Intrastate sales of colored oleomargarine
(a) Law governing
Colored oleomargarine or colored margarine which is sold in the same
State or Territory in which it is produced shall be subject in the same
manner and to the same extent to the provisions of this chapter as if it
had been introduced in interstate commerce.
(b) Labeling and packaging requirements
No person shall sell, or offer for sale, colored oleomargarine or
colored margarine unless--
(1) such oleomargarine or margarine is packaged,
(2) the net weight of the contents of any package sold in a
retail establishment is one pound or less,
(3) there appears on the label of the package (A) the word
``oleomargarine'' or ``margarine'' in type or lettering at least as
large as any other type or lettering on such label, and (B) a full
and accurate statement of all the ingredients contained in such
oleomargarine or margarine, and
(4) each part of the contents of the package is contained in a
wrapper which bears the word ``oleomargarine'' or ``margarine'' in
type or lettering not smaller than 20-point type.
The requirements of this subsection shall be in addition to and not in
lieu of any of the other requirements of this chapter.
(c) Sales in public eating places
No person shall possess in a form ready for serving colored
oleomargarine or colored margarine at a public eating place unless a
notice that oleomargarine or margarine is served is displayed
prominently and conspicuously in such place and in such manner as to
render it likely to be read and understood by the ordinary individual
being served in such eating place or is printed or is otherwise set
forth on the menu in type or lettering not smaller than that normally
used to designate the serving of other food items. No person shall serve
colored oleomargarine or colored margarine at a public eating place,
whether or not any charge is made therefor, unless (1) each separate
serving bears or is accompanied by labeling identifying it as
oleomargarine or margarine, or (2) each separate serving thereof is
triangular in shape.
(d) Exemption from labeling requirements
Colored oleomargarine or colored margarine when served with meals at
a public eating place shall at the time of such service be exempt from
the labeling requirements of section 343 of this title (except
paragraphs (a) and (f)) if it complies with the requirements of
subsection (b) of this section.
(e) Color content of oleomargarine
For the purpose of this section colored oleomargarine or colored
margarine is oleomargarine or margarine having a tint or shade
containing more than one and six-tenths degrees of yellow, or of yellow
and red collectively, but with an excess of yellow over red, measured in
terms of Lovibond tintometer scale or its equivalent.
(June 25, 1938, ch. 675, Sec. 407, as added Mar. 16, 1950, ch. 61,
Sec. 3(c), 64 Stat. 20.)
Effective Date
Section 7 of act Mar. 16, 1950, provided that: ``This Act [enacting
this section and sections 347a and 347b of this title and amending
sections 331 and 342 of this title and sections 45 and 55 of Title 15,
Commerce and Trade] shall become effective on July 1, 1950.''
Transfer of Appropriations
Section 5 of act Mar. 16, 1950, provided that: ``So much of the
unexpended balances of appropriations, allocations, or other funds
(including funds available for the fiscal year ending June 30, 1950) for
the use of the Bureau of Internal Revenue of the Treasury Department in
the exercise of functions under the Oleomargarine Tax Act (26 U.S.C.,
Sec. 2300, subchapter A) [now section 4591 et seq. of Title 26, Internal
Revenue Code], as the Director of the Bureau of the Budget [now Director
of the Office of Management and Budget] may determine, shall be
transferred to the Federal Security Agency (Food and Drug
Administration) [now the Department of Health and Human Services] for
use in the enforcement of this Act [see Effective Date note above].''
Section Referred to in Other Sections
This section is referred to in sections 331, 347b of this title.
