235 



provided for in subsection (a) of this section and 

 the supervision of the relabeling or other action 

 authorized under the provisions of subsection (b) 

 of this section, the amount of such expenses to be 

 determined in accordance with regulations, and all 

 expenses in connection with the storage, cartage, 

 or labor with respect to any article refused admis- 

 sion under subsection (a) of this section, shall be 

 paid by the owner or consignee and, in default of 

 such payment, shall constitute a lien against any 

 future imiTortations made by such owner or con- 

 signee. 



(d) Exports. 



(d) (1) A food, drug, device, or cosmetic Intended 

 for export shall not be deemed to be adulterated or 

 misbranded under this Act if it — 



(A) accords to the specifications of the foreign 

 purchaser, 



(B) Is not in conflict with the laws of the coun- 

 try to which it Is Intended for export, 



(C) Is labeled on the outside of the shipping 

 package that it Is intended for export, and 



(D) Is not sold or offered for sale In domestic 

 commerce. 



This paragraph does not authorize the exportation 

 of any new animal drug, or an animal feed bearing 

 or containing a new animal drug, which Is unsafe 

 .within the meaning of section 360b. 



(2) Paragraph ( 1 ) does not apply to any device — 



(A) which does not comply with an applicable 

 requirement of section 360d or 360e, 



(B) which under section 360j(g) is exempt 

 from either such section, or 



(C) which is a banned device imder section 

 360f, 



unless. In addition to the requirements of para- 

 graph (1), the Secretary has determined that the 

 exportation of the device is not contrary to public 

 health and safety and has the approval of the coun- 

 try to which it is Intended for export. (June 25, 1938, 

 ch. 675, § 801, 52 Stat. 1058; 1940 Reorg. Plan No. 

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

 Oct. 18, 1949, ch. 696, §§ 1—3, 63 Stat. 882; 1953 

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

 2053, 67 Stat. 631; Oct. 10, 1962, Pub. L. 87-781, title 

 ni, S 306, 76 Stat. 796; July 13, 1968, Pub. L. 90-399, 

 § 106, 82 Stat. 353; Oct. 27, 1970, Pub. L. 91-513, title 

 n, S 701(h), 84 Stat. 1282; Pub. 94-295, §§ 3(f), 4 

 (b) (3), May 28. 1976, 90 Stat. 578, 580.) 



AMEtrDIfENTS 



1970 — SutMae. (»). Pub. L. 91-513 substituted "CTause 

 (2) of the third sentence of this subsection" for "This 

 subsection" and "the Controlled Substances Import and 

 Export Act" for "section 173 of this title" in the provi- 



sions prohibiting a construction of subsec. (a) which 

 might rule out the admission of narcotic drugs expressly 

 permitted under the named statute. 



1968— Subsec. (d) . Pub. L. 90-399 provided that nothing 

 in subsec. (d) shall authorize the exportation of any new 

 animal drug, or an animal feed bearing or containing a 

 new animal drug, which Is unsafe within the meaning of 

 g«ctlon 380b of this title, 



1962 — Subsec. (a) . Pub. L. 87-781 Inserted provisions 

 requiring the Secretary of Health, Education, and Wel- 

 fare to furnish the Secretary of the Treasiiry a list of 

 establlshmente registered under section 360(1) of this 

 title, and to request that samples of any drugs from any 

 establlahmenu not so regutered be delivered to the Sec- 

 retary of Health, Education, and Welfare, with notice of 

 delivery to the consignee who may appear before the 

 Secretary to testify. 



1949— Subsec. (a). Act Oct. 18. 1949, J T, inserted at 

 end of second sentence ", except as provided In subsection 

 (b) of this section. The Secretary • • • to such regula- 

 tions.". 



Subsec. (b). Act Oct. 18. 1949. S 2, provided for express 

 statutory authority for the long-standing administrative 

 practice of releasing Imported articles that do not comply 

 with the requirements of the law so that they may be 

 relabeled or given appropriate treatment to bring them 

 Into compliance. 



Subsec. (c) . Act Oct. 18. 1949, 5 3, charged all costs. 

 Including salaries and travel and subsistence expenses of 

 officers and employees, against Importers. 



SXJBCHAPTER IX. — MISCELLANEOUS 



§ 391. Separability clanse. 



If any provision of this chapter is declared uncon- 

 stitutional, or the applicability thereof to any person 

 or circumstances Is held Invalid, the constitutionality 

 of the remainder of the chapter and the applicability 

 thereof to other persons and circumstances shall 

 not be affected thereby. (June 25. 1938. ch. 675. 

 : 901. 52 SUt. 1059.) 



§392. Exemption of meats and meat food products; 

 laws unaffected. 



(a) Meats and meat food products shall be exempt 

 from the provisions of this chapter to the extent of 

 the application or the extension thereto of the Meat 

 Inspection Act, approved March 4, 1907, as amended. 



(b) Nothing contained in this chapter shall be 

 construed as in any way affecting, modifying, re- 

 pealing, or superseding the provisions of section 262 

 of Title 42 (relating to viruses, serums, toxins, and 

 analogous products applicable to man > ; the virus. 

 serum, toxin, and analogous products provisions, 

 applicable to domestic animals, of the Act of Con- 

 gress approved March 4, 1913; the Filled Cheese Act 

 of June 6, 1896, the Pilled Milk Act of March 4, 1923; 

 or the Import Milk Act of February 15. 1927. (June 25. 

 1938, ch. 675. §902 'b\ (O, 52 Stat. 1059: July 13. 

 1968. Pub. L. 90-399, § 107, 82 Stat. 353.) 



47. Protection and Enhancement of Environmental Quality 



Ex. Order 11514, 35 F.R. 4247 



(See Ex. Order 11514 under title HI Executive Orders) 



