217 



Amendments 



1976— Subsec. (h). Pub. L. 94-295 substantially re- 

 vised subsec. (h). 



Subsec. (n). Pub. L. 94-278 added "or advertising" 

 after "labeling" wherever the latter appeared. 



1970— Subsec (a)(2). Pub. L. 91-513. 1701(g). struck 

 out reference to sections 321, 331(1), 331(p), 331(q). 332. 

 333, 334, 337. 360, 360a, 372, 373, 374, and 375 of this title 

 as they apply to depressant or stimulant dru^. 



Subsec (V) . Pub L. 91-513, § 701 (a) , struck out subsec. 

 (V) which defined "depressant or stimulant drug". 



1968— Subsec. (a)(2). Pub L. 90-639. 8 4(b). added 

 material extending provisions covering depressant and 

 stimulant drugs, the containers thereof, and equipment 

 used In manufacturing, compounding, or processing such 

 drugs, to the Canal Zone. 



Subsec. (p). Pub L. 90-399, S 102 (a), (b). Inserted 

 "(except a new animal drug or an animal feed bearing or 

 containing a new animal drug)" following "Any drug" In 

 subpars (1) and (2), respectively. 



Subsec. (s) Pub L 90-399, S 102(c) , added subpar (5) . 



Subsec. (u). Pub L 90-399. § 102(d). Inserted a refer- 

 ence to section 360b of this title 



Subsec. (V) (3) Pub L, 90-639. 5 1. added specific refer- 

 ence to lysergic acid diethylamide. 



Subsecs. (w), (X). Pub. L. 90-399. § 102(e), added sub- 

 sees, (w) and (X) . 



1965 — Subsec. (g). Pub. L. 89-74, 5 9(b), designated 

 existing provisions as subpar. (1), redesignated clauses 

 (1) — (4) thereof as (A)— (D), substituted therein "(A), 

 (B), or (C)" for "(1), (2), or (3)" and added subpar. (2) 



Subsec. (V). Pub. L 89-74, §3(a). added subsec. (v). 



1962 — Subsec (a). Pub. L. 87-781. S 307(a), designated 

 existing provisions as clause (2), Inserted "Common- 

 wealth of Puerto Rico and the" therein, and added 

 clause (1). 



Subsec. (p)(l). Pub. L. 87-781, j 102(a)(1), Inserted 

 "and effectiveness" following "to evaluate the safety", 

 and "and effective" following "as safe " 



Subsec. (p)(2). Pub. L. 87-781. 5 102(a)(2), Inserted 

 "and effectiveness" following "safety." 



1960— Subsec. (s). Pub. L. 86-618, 5 101(a). excluded 

 color additives from the definition of the term "food 

 additive." 



Subsec (t). Pub. L. 86-618. 5 101(c). added subsec 

 (t). Former subsec (t) redesignated (u). 



Subsec (u). Pub. L. 8&-618, 5 101(b), redesignated 

 former subsec. (t) as (u) and Included therein a ref- 

 erence to section 376 of this title. 



1958 — Subsecs. (s) and (t). Pub L 85-929 added 

 subsecs. (s) and (t) . 



1954 — Subsecs (q) and (_r) Act July 22, 1954. added 

 subsecs (q) and (r) . 



§321a. Same; butter. 



For the purposes of this chapter "butter" shall 

 be understood to mean the food product usually 

 known as butter, and which Is made exclusively 

 from milk or cream, or both, with or without common 

 salt, and with or without additional coloring mat- 

 ter, and containing not less than 80 per centum 

 by weight of milk fat, all tolerances having been 

 allowed for. (Mar. 4, 1923. ch. 268, 42 Stat. 1500: 

 June 25, 1938. ch. 675, § 902 (a), 52 Stat. 1059.) 



§321b. Same; package. 



The word "package" where It occurs in this chap- 

 ter shall Include and shall be construed to include 

 wrapped meats inclosed in papers or other materials 

 as prepared by the manufacturers thereof for sale. 

 (July 24, 1919, ch. 26, 41 Stat. 271; June 25, 1938, ch. 

 675, § 902 (a), 52 Stat. 1059.) 



§321c. Same; nonfat dry milk; milk. 



For the purposes of this chapter, nonfat dry milk 



Is the product resulting from the removal of fat 

 and water from milk, and contains the lactose, milk 

 proteins, and milk minerals in the same relative 

 proportions as in the fresh milk from which made. 

 It contains not over 5 per centum by weight of 

 moisture. The fat content is not over IVi per cen- 

 tum by weight unless otherwise indicated. 



The term "milk", when used herein, means sweet 

 milk of cows. (Mar. 2, 1944, ch. 77, 58 Stat. 108: 

 July 2, 1956. ch. 495. 70 Stat. 486.) 



SUBCHAPTER III— PROHIBITED ACTS AND 

 PENALTIES 



§331. Prohibited acts. 



The following acts and the causing thereof are 

 prohibited: 



(a) The introduction or delivery for introduction 

 Into interstate commerce of any food, drug, device, or 

 cosmetic that is adulterated or misbranded. 



(b) The adulteration or misbranding of any food., 

 drug, device, or cosmetic in interstate commerce. 



(c) The receipt in interstate commerce of any 

 food, drug, device, or cosmetic that is adulterated or 

 misbranded, and (he delivery or proffered delivery 

 thereof for pay or otherwise. 



(d) The introduction or delivery for introduction 

 Into interstate commerce of any article In violation 

 of section 344 or 355 of this title, 



(e) The refusal to permit access to or copying of 

 any record as required by section 373 of this title; 

 or the failure to establish or maintain any record, 

 or make any report, required under section 355 (1) 

 or (j), 357 (d) or (g), 360b, (j), (l) . or (m), 360e 

 (f), or 3601 of this title, or the refusal to permit 

 access to or verification or copying of any such 

 required record. 



(f) The refusal to permit entry or inspection as 

 authorized by section 374 of this title. 



(g) The manufacture within any Territory of 

 any food. drug, device, or cosmetic that Is adulterated 

 or misbranded. 



(h) The giving of a guaranty or undertaking re- 

 ferred to in section 333 (c) (2) of this title which 

 guaranty or undertaking is false, except by a person 

 who relied upon a guaranty or undertaking to the 

 same effect signed by, and containing the name and 

 address of. the person residing in the United States 

 from whom he received in good faith the food. drug, 

 device, or cosmetic; or the giving of a guaranty or 

 undertaking referred to in section 333 (c) (3) of 

 this title which guaranty or undertaking is false. 



(i) (1) Forging, counterfeiting, simulating, or 

 falsely representing, or without proper authority 

 using any mark, stamp, tag. label, or other Identifi- 

 cation device authorized or required by regulations 

 promulgated under the provisions of sections 344, 

 356, 357, or 376 of this title. 



(2) Making, selling, disposing of. or keeping in 

 possession, control, or custody, or concealing any 

 punch, die. plate, stone, or other thing designed to 

 print, imprint, or reproduce the trademark, trade 

 name, or other identifying mark, imprint, or device 

 of another or any likeness of any of the foregoing 



