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§ 392. —  Exemption of meats and meat food products.



[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
  January 24, 2002 and December 19, 2002]
[CITE: 21USC392]

 
                        TITLE 21--FOOD AND DRUGS
 
             CHAPTER 9--FEDERAL FOOD, DRUG, AND COSMETIC ACT
 
                      SUBCHAPTER IX--MISCELLANEOUS
 
Sec. 392. Exemption of meats and meat food products


(a) Law determinative of exemption

    Meats and meat food products shall be exempt from the provisions of 
this chapter to the extent of the application or the extension thereto 
of the Meat Inspection Act, approved March 4, 1907, as amended [21 
U.S.C. 601 et seq.].

(b) Laws unaffected

    Nothing contained in this chapter shall be construed as in any way 
affecting, modifying, repealing, or superseding the provisions of 
section 351 of Public Health Service Act [42 U.S.C. 262] (relating to 
viruses, serums, toxins, and analogous products applicable to man); the 
virus, serum, toxin, and analogous products provisions, applicable to 
domestic animals, of the Act of Congress approved March 4, 1913 (37 
Stat. 832-833) [21 U.S.C. 151 et seq.]; the Filled Cheese Act of June 6, 
1896 (U.S.C., 1934 ed., title 26, ch. 10), the Filled Milk Act of March 
4, 1923 [21 U.S.C. 61 et seq.]; or the Import Milk Act of February 15, 
1927 [21 U.S.C. 141 et seq.].

(June 25, 1938, ch. 675, Sec. 902(b), (c), 52 Stat. 1059; Pub. L. 90-
399, Sec. 107, July 13, 1968, 82 Stat. 353.)

                       References in Text

    The Meat Inspection Act, approved March 4, 1907, as amended, 
referred to in subsec. (a), is act Mar. 4, 1907, ch. 2907, titles I to 
IV, as added Dec. 15, 1967, Pub. L. 90-201, 81 Stat. 584, which are 
classified generally to subchapters I to IV (Sec. 601 et seq.) of 
chapter 12 of this title. For complete classification of this Act to the 
Code, see Short Title note set out under section 601 of this title and 
Tables.
    Act of March 4, 1913, referred to in subsec. (b), is act Mar. 4, 
1913, ch. 145, 37 Stat. 828, as amended. The provisions of such act 
referred to relating to viruses, etc., applicable to domestic animals, 
are contained in the eighth paragraph under the heading ``Bureau of 
Animal Industry'', 37 Stat. 832, as amended, popularly known as the 
Virus-Serum-Toxin Act, which is classified generally to chapter 5 
(Sec. 151 et seq.) of this title. For complete classification of this 
Act to the Code, see Short Title note set out under section 151 of this 
title and Tables.
    The Filled Cheese Act of June 6, 1896 (U.S.C., 1934 ed., title 26, 
ch. 10), referred to in subsec. (b), is act June 6, 1896, ch. 337, 29 
Stat. 253, as amended, which had been classified to chapter 10 
(Sec. 1000 et seq.) of Title 26, Internal Revenue, and included as 
chapter 17 (Sec. 2350 et seq.) of Title 26, Internal Revenue Code of 
1939. Such chapter 17 was covered by section 4831 et seq. of Title 26, 
Internal Revenue Code, prior to the repeal of section 4831 et seq. of 
Title 26 by Pub. L. 93-490, Sec. 3(a)(1), Oct. 26, 1974, 88 Stat. 1466.
    The Filled Milk Act of March 4, 1923, referred to in subsec. (b), is 
act Mar. 4, 1923, ch. 262, 42 Stat. 1486, as amended, which is 
classified generally to chapter 3 (Sec. 61 et seq.) of this title. For 
complete classification of this Act to the Code, see Short Title note 
set out under section 61 of this title and Tables.
    The Import Milk Act of February 15, 1927, referred to in subsec. 
(b), is act Feb. 15, 1927, ch. 155, 44 Stat. 1101, as amended, which is 
classified generally to subchapter IV (Sec. 141 et seq.) of chapter 4 of 
this title. For complete classification of this Act to the Code, see 
Short Title note set out under section 141 of this title and Tables.

                          Codification

    Subsecs. (a) and (b) of this section comprise respectively subsecs. 
(b) and (c) of section 902 of act June 25, 1938. Subsecs. (a) and (d) of 
section 902 of act June 25, 1938, which prescribed the effective date of 
this chapter and made appropriations available, are set out as notes 
under section 301 of this title and this section, respectively.


                               Amendments

    1968--Subsec. (b). Pub. L. 90-399 substituted ``section 262 of title 
42 (relating to viruses, serums, toxins, and analogous products 
applicable to man)'' for ``the virus serum, and toxin Act of July 1, 
1902'' and inserted reference to ``the virus, serum, toxin, and 
analogous products provisions, applicable to domestic animals, of the 
Act of Congress approved March 4, 1913''.


                    Effective Date of 1968 Amendment

    Amendment by Pub. L. 90-399 effective on first day of thirteenth 
calendar month after July 13, 1968, see section 108(a) of Pub. L. 90-
399, set out as an Effective Date and Transitional Provisions note under 
section 360b of this title.


                     Availability of Appropriations

    Section 902(d) of act June 25, 1938, provided that: ``In order to 
carry out the provisions of this Act which take effect [see section 
902(a) of act June 25, 1938, set out as an Effective Date note under 
section 301 of this title] prior to the repeal of the Food and Drugs Act 
of June 30, 1906, as amended [sections 1 to 15 of this title], 
appropriations available for the enforcement of such Act of June 30, 
1906, are also authorized to be made available to carry out such 
provisions.''

                  Section Referred to in Other Sections

    This section is referred to in section 679 of this title.



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