216 



dependent upon being metabolized for the achieve- 

 ment of any of its principal intended purposes. 



(k) The term "label" means a display of written, 

 printed, or graphic matter upon the immediate con- 

 tainer of any article; and a requirement made by or 

 under authority of this chapter that any word, state- 

 ment, or other information appear on the label shall 

 not be considered to be complied with unless such 

 word, statement, or other information also appears 

 on the outside container or wrapper, if any there 

 be. of the retail package of such article, or is easily 

 legible through the outside container or wrapper, 



(I) The term "immediate container" does not in- 

 clude package liners. 



(m ) The term "labeling" means all labels and other 

 written, printed, or graphic matter (1) upon any ar- 

 ticle or any of its containers or wrappers, or (2) 

 accompanying such article. 



(n> If an article is alleged to be misbranded be- 

 cause the labeling or advertising is misleading, 

 then in determining whether the labeling or ad- 

 vertising is misleading there shall be taken into 

 account (among other things) not only representa- 

 tions made or suggested by statement, word, design, 

 device, or any combination thereof, but also the 

 extent to which the labeling or advertising fails to 

 reveal facts material in the light of such represen- 

 tations or material with respect to consequences 

 which may result from the use of the article to 

 which the labeling or advertising relates under the 

 conditions of use prescribed in the labeling or 

 advertising thereof or under such conditions of use 

 as are customary or usual. 



(q) The term "pesticide chemical" means any sub- 

 stance which, alone, in chemical combination or in 

 formulation with one or more other substances, is an 

 "economic poison" within the meaning of the Federal 

 Insecticide, Fungicide, and Rodenticide Act as now 

 in force or as hereafter amended, and which is used 

 in the production, storage, or transportation of raw 

 agricultural commodities. 



(r) The term "raw agricultural commodity" 

 means any food in its raw or natural state, includ- 

 ing all fruits that are washed, colored, or otherwise 

 treated in their unpeeled natural form prior to mar- 

 keting. 



(s) The term "food additive" means any substance 

 the intended use of which results or may reasonably 

 be expected to result, directly or indirectly, in its 

 becoming a component or otherwise affecting the 

 characteristics of any food 'including any substance 

 Intended for use In producing, manufacturing, pack- 

 ing, processing, preparing, treating, packaging, 

 transporting, or holding food; and Including any 

 source of radiation intended tor any such use), if 

 such substance is not generally recognized, among 

 experts qualified by scientific training and experience 

 to evaluate its safety, as having been adequately 



shown through scientific procedures (or. In the case 

 as a substance used in food prior to January 1. 1958, 

 through either scientific procedures or experience 

 based on common use in food) to be safe under the 

 conditions of its intended use: except that such term 

 does not include — 



(1) a pesticide chemical in or on a raw agri- 

 cultural commodity; or 



(2) a pesticide chemical to the extent that it 

 is Intended for use or is used in the production, 

 storage, or transportation of any raw agricultural 

 commodity ; or 



(3) a color additive; or 



(4) any substance losed in accordance with a 

 sanction or approval granted prior to September 6, 

 1958, pursuant to this chapter, the Poultry Prod- 

 ucts Inspection Act (21 U.S.C. 451 and the follow- 

 ing) or the Meat Inspection Act of March 4, 1907, 

 as amended and extended; or 



( 5 ) a new animal drug, 



* X- >!• * » 



(u) The term "safe" as used In paragraph (s) of 

 this section and in sections 348, 360b. and 376 of 

 this title, has reference to the health of man or 

 animal. 



(v) Repealed. Pub L. 91-513, title II, § 701(a), 

 Oct 27, 1970, 84 Stat 1281. 



* * * -K ^ 



(x) The term "animal feed", as used in paragraph 

 (w) of this section, in section 360b of this title, and 

 in provisions of this chapter referring to such para- 

 graph or section, means an article which is intended 

 for use for food for animals other than man and 

 which is intended for use as a substantial source of 

 nutrients in the diet of the animal, and is not limited 

 to a mixture intended to be the sole ration of the 

 animal. (June 25. 1938. ch 675, § 201, 52 Stat. 1041; 

 1940 Beorg. Plan No. IV, § 12, efT. June 30, 1940, 5 

 PR. 2422, 54 Stat. 1237; 1953 Reorg. Plan No. 1, § 5, 

 eff. Apr. 11, 1953, 18 F.R. 2053, 67 Stat. 631; July 22. 

 1954, ch. 559, § 1, 68 Stat. 511; Sept. 6, 1958, Pub. L. 

 85-929. § 2. 72 Stat 1784; July 12, 1960, Pub. L. 86- 

 618, title I, § 101, 74 Stat 397; Oct. 10, 1962, Pub. L. 

 87-781, title I. § 102(ai, title III, 5 307(a), 76 Stat. 

 781. 796; July 15, 1965, Pub. L. 89-74, §§ 3(a) , 9(b) . 

 79 Stat. 227, 234; July 13, 1968, Pub. L. 90-399, § 102, 

 82 Stat. 351 ; Oct. 24. 1968, Pub. L. 90-639, §§ 1, 4(a) , 

 82 Stat. 1361. 1362; Oct, 27, 1970. Pub. L. 91-513. title 

 n. § 701(a). (g). 84 Stat. 1281. 1282 ; Pub. L. 94-278, 

 title V, § 502(a) (2) (A) , Apr. 22, 1976, 90 Stat. 411; 

 Pub. L. 94-295, 5 3(a)(1)(A), May 28, 1976, 90 

 Stat. 575.) 



References in Text 



The Food and Drugs Act of June 30. 1906, as amended, 

 act June 30, 1906, ch. 3915, 34 Stat. 768. as amended, re- 

 ferred to in subsecs. (p) (1) and (w) (1), was repealed by 

 section 902(a) of act June 25. 1938 (set out as a note 

 under section 392 of this title), and Is covered by this 

 chapter. 



The Federal Insecticide, Fungicide, and Rodenticide 

 Act, referred to In subsec (q). Is classified to section 135 

 et seq of Title 7, Agriculture. 



The Poultry Products Inspection Act. referred to In 

 subsec, (SI (4) Is classified to chapter 10 of this title. 



The Meat Inspection Act of Mar. 4, 1907. referred to 

 In subsec. (s) (4) Is now the Federal Meat Inspection Act, 

 and Is set out In section 601 et seq. of this title. 



