§ 61. — Definitions.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 21USC61]
TITLE 21--FOOD AND DRUGS
CHAPTER 3--FILLED MILK
Sec. 61. Definitions
Whenever used in this chapter--
(a) The term ``person'' includes an individual, partnership,
corporation, or association;
(b) The term ``interstate or foreign commerce'' means commerce (1)
between any State, Territory, or possession, or the District of
Columbia, and any place outside thereof; (2) between points within the
same State, Territory, or possession, or within the District of
Columbia, but through any place outside thereof; or (3) within any
Territory or possession, or within the District of Columbia; and
(c) The term ``filled milk'' means any milk, cream, or skimmed milk,
whether or not condensed, evaporated, concentrated, powdered, dried, or
desiccated, to which has been added, or which has been blended or
compounded with, any fat or oil other than milk fat, so that the
resulting product is in imitation or semblance of milk, cream, or
skimmed milk, whether or not condensed, evaporated, concentrated,
powdered, dried, or desiccated. This definition shall not include any
distinctive proprietary food compound not readily mistaken in taste for
milk or cream or for evaporated, condensed, or powdered milk, or cream
where such compound (1) is prepared and designed for feeding infants and
young children and customarily used on the order of a physician; (2) is
packed in individual cans containing not more than sixteen and one-half
ounces and bearing a label in bold type that the content is to be used
only for said purpose; (3) is shipped in interstate or foreign commerce
exclusively to physicians, wholesale and retail druggists, orphan
asylums, child-welfare associations, hospitals, and similar institutions
and generally disposed of by them.
(Mar. 4, 1923, ch. 262, Sec. 1, 42 Stat. 1486.)
Short Title
Act July 12, 1943, ch. 221, title II, 57 Stat. 499, provided in part
that act Mar. 4, 1923, which enacted this chapter, may be cited as the
``Filled Milk Act''.
Section Referred to in Other Sections
This section is referred to in section 62 of this title.
