215 



Sec. 



346a. Tolerances for pesticide chemicals In or on raw agri- 

 cultural commodities. 



(0) Conditions of safety. 



(b) Establishment of tolerances. 



(c) Exemptions. 



(d) Regulations pursuant to petition: publication 



of notice: time for issuance: referraj to ad- 

 visory committees: effective date: hearings. 



(e) Regulations pursuant to Administrator's pro- 



posals. 



(f) Data submitted as confidential. 



(g) Advisory committees; appointment: composi- 



tion, compensation: clerical assistance, 

 (h) Right of consultation. 



(1) Judicial review. 



(J) Temporary tolerances. 



(k) Regulations based on public hearings before 

 January 1. 1953 



(i) Pesticides under Federal Insecticide, Fun- 

 gicide, and Rodentlclde Act: functions of 

 Administrator of the Environmental Pro- 

 tection Agency: certifications: hearing: 

 time limitation; opinion; regulations. 



(m) Amendment of regulations. 



(n) Guaranties 



(o) Payment of fees: services or functions as 

 conditioned on: waiver or refund of fees. 

 3Mb Same: appropriations. 



SUBCHAPTER VII —GENERAL ADMINISTRATIVE 

 PROVISIONS 



371 Regulations and hearings 



(a) Authority to promulgate regulations. 



(b) Regulations for Imports and exports 



(c) Conduct of hearings 



(d) Effectiveness of definitions and standards 



of Identity 



(e) Procedure for establishment. 



(f) Review of order 



(g) Copies of records of hearings 

 373. Examinations and Investigations. 



(a) Authority to conduct. 



(b) Availability to owner of part of analysis 



samples. 



(c) Records of other departments and agencies 



372a. Examination of sea food on request of packer; 



marking food with results; fees; penalties 

 373 Records of Interstate shipment 



374. Inspection. 



(a) Right of agents to enter; scope of Inspec- 



tion; notice: promptness: exclusions. 



(b) Written report to owner; copy to Secretary. 



(c) Receipt for samples taken. 



(d) Analysis of samples furnished owner. 



375. Publicity 



(a) Reports. 



(b) Information regarding certain goods 



SUBCHAPTER VIII .—IMPORTS AND EXPORTS 



3^1. Imports and exports. 



(a) Imports: list of registered foreign estab- 



lishments: samples from unregistered 

 foreign establishments; examination and 

 refusal of admission. 



(b) Same: disposition of refused articles. 



(c) Same: charges concerning refused articles 



(d) Exports. 



SUBCHAPTER IX —MISCELLANEOUS 



391. Separability clause. 



392. Exemption of meats and meat food products: laws 



unaffected. 



Chapter Referked to in Other Sections 

 This chapter la referred to In sections 601, 607 ,620. 679. 

 1033. 1049. 1052 of this title: title 16 section 778e: Utle 

 26 section 4817. 



SXreCHAPTER I.— SHORT TITLE 



§301. Short title. 



This chapter may be cited as the Federal Food, 

 Drug, and Cosmetic Act. (June 25. 1938. ch. 675. 

 5 1. 52 Stat. 1040.) 



EfTECTivE Date; Postponement in Certain Cases 



Sections 342(c). 343(e) (1). (g) — (k). 351(a) (4), 

 352(b). (d) — (h). 361(e) and 362(b) of this title effec- 

 tive Jan. 1. 1940 and sections 343(e) (1), (g)—(k). 352(b). 

 (d) — (h) and 362(b) of thU title effective July 1. 1940 

 as provided by regulations for certain lithographed label- 

 ing and containers bearing certain labeling, see act June 

 23. 1939. ch. 242. 5S 1. 2. 53 Stat. 853, set out as a note 

 under section 392 of this title. 



EFTECTIVE Date 

 Effective date of this chapter, see section g02(a) of 

 act June 25. 1938. set out as a note under section 393 

 of this title. 



Hazardous Sitbstances 



Federal Hazardous Substances Act as not modifying 

 this chapter, see Pub. L. 86-613. i 17. July 12. 1960. 74 

 Stat. 380. set out as a note under section 1261 of Title 15. 

 Commerce and Trade. 



SUBCHAPTER II.— DEFINTnONS 



§321. Definitions; generally. 

 For the purposes of this chapter — 



(c) The term "Department" means the Depart- 

 ment of Health. Education, and Welfare. 



(d' The term "Secretary" means the Secretary of 

 Health. Education, and Welfare. 



(e) The term "person" includes individual, part- 

 nership, corporation, and association. 



(f) The term "food" means (1) articles used for 

 food or drink for man or other animals. (2) chewing 

 gum, and (3) articles used for components of any 

 such article. 



(h) The term "device" (except when used In 

 paragraph (n) of this section and in sections 301 

 (i), 403(f), 502(c), and 602(c)) means an instru- 

 ment, apparatus, implement, machine, contrivance, 

 implant, in vitro reagent, or other similar or related 

 article, inclu(iing any component, part, or acces- 

 sory, which is — 



(1) recognized in the official National Formu- 

 lary, or the United States Pharmacopeia, or any 

 supplement to them, 



(2) intended for use in the diagnosis of disease 

 or other conditions, or in the cure, mitigation, 

 treatment, or prevention of disease, In man or 

 other Einimals, or 



(3) intended to affect the structure or any 



function of the body of man or other animals, 



and 



which does not achieve any of its principal Intended 



purposes through chemical action within or on the 



body of man or other animals and which is not 



