§ 5704. — Tank trucks, rail tank cars, and cargo tanks.
[Laws in effect as of January 7, 2003]
[Document not affected by Public Laws enacted between
January 7, 2003 and December 19, 2003]
[CITE: 49USC5704]
TITLE 49--TRANSPORTATION
SUBTITLE III--GENERAL AND INTERMODAL PROGRAMS
CHAPTER 57--SANITARY FOOD TRANSPORTATION
Sec. 5704. Tank trucks, rail tank cars, and cargo tanks
(a) Prohibitions.--The regulations prescribed under section
5703(a)(1) of this title shall include provisions prohibiting a person
from--
(1) using, offering for use, or arranging for the use of a tank
truck, rail tank car, or cargo tank used in motor vehicle or rail
transportation of cosmetics, devices, drugs, food, or food additives
if the tank truck, rail tank car, or cargo tank is used to transport
a nonfood product, except a nonfood product included in a list
published under subsection (b) of this section;
(2) using, offering for use, or arranging for the use of a tank
truck or cargo tank to provide motor vehicle transportation of
cosmetics, devices, drugs, food, food additives, or nonfood products
included in the list published under subsection (b) of this section
unless the tank truck or cargo tank is identified, by a permanent
marking on the tank truck or cargo tank, as transporting only
cosmetics, devices, drugs, food, food additives, or nonfood products
included in the list;
(3) using, offering for use, or arranging for the use of a tank
truck or cargo tank to provide motor vehicle transportation of a
nonfood product that is not included in the list published under
subsection (b) of this section if the tank truck or cargo tank is
identified, as provided in clause (2) of this subsection, as a tank
truck or cargo tank transporting only cosmetics, devices, drugs,
food, food additives, or nonfood products included in the list; or
(4) receiving, except for lawful disposal purposes, any
cosmetic, device, drug, food, food additive, or nonfood product that
has been transported in a tank truck or cargo tank in violation of
clause (2) or (3) of this subsection.
(b) List of Nonfood Products Not Unsafe.--After consultation
required by section 5709 of this title, the Secretary of Transportation
shall publish in the Federal Register a list of nonfood products the
Secretary decides do not make cosmetics, devices, drugs, food, or food
additives unsafe to humans or animals because of transportation of the
nonfood products in a tank truck, rail tank car, or cargo tank used to
transport cosmetics, devices, drugs, food, or food additives. The
Secretary may amend the list periodically by publication in the Federal
Register.
(c) Disclosure.--A person that arranges for the use of a tank truck
or cargo tank used in motor vehicle transportation for the
transportation of a cosmetic, device, drug, food, food additive, or
nonfood product shall disclose to the motor carrier or other appropriate
person if the cosmetic, device, drug, food, food additive, or nonfood
product being transported is to be used--
(1) as, or in the preparation of, a food or food additive; or
(2) as a nonfood product included in the list published under
subsection (b) of this section.
(Pub. L. 103-272, Sec. 1(d), July 5, 1994, 108 Stat. 856.)
Historical and Revision Notes
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Revised Section Source (U.S. Code) Source (Statutes at Large)
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5704(a)............................... 49 App.:2804(a), (c). Nov. 3, 1990, Pub. L. 101-500, Sec. 5,
104 Stat. 1215.
5704(b)............................... 49 App.:2804(b).
5704(c)............................... 49 App.:2804(d).
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In subsection (a), before clause (1), the words ``shall include
provisions prohibiting'' are substituted for ``At a minimum . . . shall
prohibit'' because of the restatement. In restating 49 App.:2804(c)(1),
the word ``only'' is omitted before ``food'' the first time it appears
and added before ``food'' the 2d time it appears to reflect the probable
intent of Congress. Compare the location of the word ``only'' in 49
App.:2804(c)(2).
In subsection (b), the word ``decides'' is substituted for
``determined'' for consistency in the revised title. The words ``of the
nonfood products'' are added for clarity.
In subsection (c), before clause (1), the words ``in making such
arrangement'' are omitted as surplus.
Section Referred to in Other Sections
This section is referred to in sections 5703, 5705, 5709 of this
title.
