225 



(/) Pesticide chemicals on raw agricultural com- 

 modities. 



If it Is a raw agricultural commodity which Is 

 the produce of the soil, bearing or containing a 

 pesticide chemical applied after harvest, unless the 

 shipping container of such commodity bears label- 

 ing which declares the presence of such chemical 

 in or on such commodity and the common or usual 

 name and the function of such chemical: Provided, 

 however, That no such declaration shall be required 

 while such commodity, having been removed from 

 the shipping container, is being held or displayed 

 for sale at retail out of such container in accordance 

 with the custom of the trade. 



(n) Packaging or labeling of drugs in violation of 

 regulations. 

 If its packaging or labeling is in violation of an 

 applicable regulation issued pursuant to section 1472 

 or 1473 of Title 15. (June 25, 1938, ch. 675, § 403, 52" 

 Stat. 1047; 1940 Reorg. Plan No. IV, § 12, eff. June 30. 

 1940, 5 F.R. 2422, 54 Stat. 1237; 1953 Reorg. Plan No. 

 1, § 5, eff. Apr. 11. 1953, 18 F.R. 2053. 67 Stat. 631; 

 June 29, 1960, Pub. L. 86-537, § 1, 74 Stet. 251: 

 July 12, 1960, Pub. L. 86-618, title I, § 102(a)(3), 74 

 Stat. 398; Dec. 30, 1970, Pub. L. 91-601, §7(c), 84 

 Stat. 1763; Pub. L. 94-278, title V. 5 502(a)(1). 

 Apr. 22. 1976, 90 Stat. 411.) 



Amendments 

 1976 — Subsec. (a). Pub. L. 94-278 added clause (2). 



1970 — Subsec. (n). Pub L. 91-601 added subsec. (n). 



1960 — Subsec. (k). Pub. L. 86-537. §1(1|. exempted 

 pesticide chemicals when used In or on a raw agricultural 

 commodity which Is the produce of the soil 



Subsec. (i). Pub. L. 86-537, § 1(2). added subsec (i). 



Subsec. (m). Pub. L 86-618 added subsec (m). 



§344. Emergency permit control. 



(a) Conditions on manufacturing, processing, etc., as 

 health measure. 

 Whenever the Secretary finds after investigation 

 that the distribution in interstate commerce of any 

 class of food may, by reason of contamination 

 with micro-organisms during the manufacture, 

 processing, or packing thereof in any locality, be 

 iiijurious to health, and that such injurious nature 

 cannot be adequately determined after such articles 

 have entered interstate commerce, he then, and in 

 such c^se only, shall promulgate regulations pro- 

 viding for the issuance, to manufacturers, proces- 

 sors, or packers of such class of food in such locality, 

 of permits to which shall be attached such conditions 

 governing the manufacture, processing, or packing 

 of such class of food, for such temporary period of 

 time, as may h: necessary to protect the public 

 health: and after the effective date of such regula- 

 tions, and during such temporary period, no person 

 shall introduce or deliver for introduction into inter- 

 state commerce any such food manufactured, 

 processed, or packed by any such manufacturer, 

 procesror. or packer unless such manufacturer, proc- 

 essor, or packer holds a permit issued by 'he Sec- 

 retary as provided by such regulations. 



(b) Violation of permit; suspension and reinstate- 

 ment. 



The Secretary is authorized to suspend inime- 

 diately upon notice any permit issued under author- 

 ity of this section if it is found that any of the 

 conditions of the permit have been violated. The 

 holder of a permit so suspended shall be privileged 

 at any time to apply for the reinstatement of such 

 permit, and the Secretary shall, immediately 

 after prompt hearing and an inspection of the estab- 

 lishment, reinstate such permit if it is found that 

 adequate measures have been taken to comply with 

 and maintain the conditions of the permit, as orig- 

 inally i.ssued or as amended. 



(c) Inspection of permit-holding establishments. 



Any ofScer or employee duly designated by the 

 Secretary shall have access to any factory or 

 establishment, the operator of which holds a per- 

 mit from the Secretary, for the purpose of 

 ascertaining whether or not the conditions of the 

 permit are being complied with, and denial of 

 access for such inspection shall be ground for sus- 

 pension of the permit until such access is freely 

 given by the operator. (June 25. 1938. ch. 675. 

 § 404. 52 Stat. 1048; 1940 Reorg. Plan No. IV. § 12. 

 efT. June 30. 1940. 5 P. R. 2422, 54 Stat. 1237; 1953 

 Reorg. Plan No. 1. §5. eff. Apr. 11, 1953, 18 F. R 

 2053. 67 Stat. 631.) 



§345. Regulations making exemptions. 



The Secretary shall promulgate regulations 

 exempting from any labeling requirement of this 

 chapter (1) small open containers of fresh fruits 

 and fresh vegetables and (2) food which is, in ac- 

 cordance with the practice of the trade, to be proc- 

 essed, labeled, or repacked in substantial quantities 

 at establishments other than those where originally 

 processed or packed, on condition that such food is 

 not adulterated or misbranded under the provisions 

 of this chapter upon removal from such processing, 

 labeling, or repacking establishment, iJune 25. 1938. 

 ch. 675. § 405. 52 Stat. 1049; 1940 Reorg. Plan No. IV. 

 § 12, eff. June 30, 1940, 5 F. R. 2422. 54 Stat. 1237; 

 1953 Reorg. Plan No. 1. § 5, eft. Apr. 11. 1953. 18 F. R. 

 2053, 67 Stat. 631.) 



§ 346. Tolerances for poisonous or deleterious sub- 

 stances in food; regulations. 



Any poisonous or deleterious substance added to 

 any food, except where such substance is required In 

 the production thereof or carmot be avoided by good 

 manufacturing practice shall be deemed to be unsafe 

 for purposes of the application of clause (2) (A) of 

 section 342 1 a) of this title; but when such substance 

 is so required or cannot be so avoided, the Secretary 

 shall promulgate regulations limiting the quantity 

 therein or thereon to such extend as he finds neces- 

 sary for the protection of public health, and any 

 quantity exceeding the limits so Hxed shall also be 

 deemed to be unsafe for purposes of the application 

 of clause (2) (A) of section 342(a) of this title. 

 While such a regulation is in effect Umlting the 

 quantity of any such substance in the case of any 

 food, such food shall not, by reason of bearing or con- 

 taining any added amount of such substance, be 



