COVINGTON & BURLING 
Gilbert S. Omenn, Ph.D., M.D. 
January 6, 1978 
Page Three 
to provide for inspection and any other enforcement measures 
that may be necessary. The legislative history does not 
detract from the broad statutory language. The House Report 
states that the "confusing limitations" in the 1893 Act 
were intentionally eliminated and that the new law was in- 
tended to "expressly sanction the use of conventional public- 
health enforcement methods" as well as to "authorize destruc- 
tion of contaminated articles or infected animals which are 
dangerous to man, in those cases where no other disposition 
is safely possible." 
Thus, there is no tenable argument that Section 361 
was intended narrowly to be limited only to quarantine of 
human beings or humans and animals (since the law encompasses 
all "articles," a term commonly used in regulatory statutes 
to encompass all substances or objects of any kind) , nor is 
there any argument that inspection is not permitted (since 
it is specifically mentioned) or that a wide range of other 
enforcement mechanisms is not authorized (since the law per- 
mits any "other measures" for carrying out and enforcing any 
regulations as in the judgment of HEW may be necessary) . 
Ill 
Questions have been raised about the application 
of Section 361 to intrastate (as contrasted with interstate) 
commerce. Questions have also been raised as to whether 
Section 361 can be interpreted to authorize the prohibition 
(as contrasted with the regulation or control) of specified 
activity. Both of these issues have now been definitively 
resolved in a 1977 court decision upholding the legality of 
an FDA regulation banning all small pet turtles from both 
intrastate and interstate commerce under the sole authority 
of Section 361. 
In the Federal Register of April 7, 1972 (37 F.R. 
7005) , FDA proposed a prohibition of the importation of 
small pet turtles, and a requirement of bacteriological 
testing and certification for interstate shipment of such 
turtles, in order to prevent the spread of salmonella. This 
regulation was made final in the Federal Register of 
November 18, 1972 (37 F.R. 24670). 
On the basis of additional information showing that 
the certification program was not effective, FDA issued two 
[Appendix A — 259] 
