§ 5703. — General regulation.
[Laws in effect as of January 7, 2003]
[Document not affected by Public Laws enacted between
January 7, 2003 and December 19, 2003]
[CITE: 49USC5703]
TITLE 49--TRANSPORTATION
SUBTITLE III--GENERAL AND INTERMODAL PROGRAMS
CHAPTER 57--SANITARY FOOD TRANSPORTATION
Sec. 5703. General regulation
(a) General Requirements.--(1) Not later than July 31, 1991, the
Secretary of Transportation, after consultation required by section 5709
of this title, shall prescribe regulations on the transportation of
cosmetics, devices, drugs, food, and food additives in motor vehicles
and rail vehicles that are used to transport nonfood products that would
make the cosmetics, devices, drugs, food, or food additives unsafe to
humans or animals.
(2) The Secretary shall deem a cosmetic, device, or drug to be a
nonfood product if--
(A) the cosmetic, device, or drug is transported in a motor
vehicle or rail vehicle before, or at the same time as, a food or
food additive; and
(B) transportation of the cosmetic, device, or drug would make
the food or food additive unsafe to humans or animals.
(b) Special Requirements.--In prescribing regulations under
subsection (a)(1) of this section, the Secretary, after consultation
required by section 5709 of this title, shall establish requirements for
appropriate--
(1) recordkeeping, identification, marking, certification, or
other means of verification to comply with sections 5704-5706 of
this title;
(2) decontamination, removal, disposal, and isolation to comply
with regulations carrying out sections 5704 and 5705 of this title;
and
(3) material for the construction of tank trucks, rail tank
cars, cargo tanks, and accessory equipment to comply with
regulations carrying out section 5704 of this title.
(c) Considerations and Additional Requirements.--In prescribing
regulations under subsection (a)(1) of this section, the Secretary,
after consultation required by section 5709 of this title, shall
consider, and may establish requirements related to, each of the
following:
(1) the extent to which packaging or similar means of protecting
and isolating commodities are adequate to eliminate or ameliorate
the potential risks of transporting cosmetics, devices, drugs, food,
or food additives in motor vehicles or rail vehicles used to
transport nonfood products.
(2) appropriate compliance and enforcement measures to carry out
this chapter.
(3) appropriate minimum insurance or other liability
requirements for a person to whom this chapter applies.
(d) Packages Meeting Packaging Standards.--If the Secretary finds
packaging standards to be adequate, regulations under subsection (a)(1)
of this section may not apply to cosmetics, devices, drugs, food, food
additives, or nonfood products packaged in packages that meet the
standards.
(Pub. L. 103-272, Sec. 1(d), July 5, 1994, 108 Stat. 855.)
Historical and Revision Notes
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Revised Section Source (U.S. Code) Source (Statutes at Large)
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5703(a)............................... 49 App.:2803(a), (d). Nov. 3, 1990, Pub. L. 101-500, Sec. 4,
104 Stat. 1214.
5703(b)............................... 49 App.:2803(b).
5703(c)............................... 49 App.:2803(c)(1) (1st
sentence), (2), (3).
5703(d)............................... 49 App.:2803(c)(1) (last
sentence).
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In this chapter, the words ``the health of'' are omitted as surplus.
In subsection (a)(1), the words ``Not later than July 31, 1991'' are
substituted for ``The regulations referred to in subsection (a)(1) shall
be issued within 270 days after such date of enactment'' in 49
App.:2803(d) because of the restatement. The text of 49 App.:2803(d)
(1st sentence) is omitted as executed. The words ``In accordance with
this chapter'', ``pursuant to a rulemaking proceeding'', and ``when so
transported'' are omitted as surplus. The words ``either refuse or
other'' are omitted as unnecessary because of the definition of
``nonfood product'' in section 5702 of the revised title.
In subsection (a)(2), before clause (A), the word ``deem'' is
substituted for ``treat'' for consistency in the revised title.
In subsection (b), before clause (1), the words ``standards'' and
``and other provisions'' are omitted as surplus. In clause (1), the
words ``to comply'' are substituted for ``required to promote
compliance'' for consistency in this subsection. In clause (2), the word
``standards'' is omitted because it is redundant to the introductory
language of this subsection. The words ``to comply with'' are
substituted for ``with respect to'' for clarity and consistency in this
subsection.
In subsection (c), before clause (1), the words ``standards'' and
``or other provisions'' are omitted as surplus. The words ``any or all
of'' are omitted as unnecessary.
Section Referred to in Other Sections
This section is referred to in sections 5702, 5704, 5705, 5706,
5709, 5713 of this title.
