References in Text
section 2223 of this title, referred to in par. (e), was in the original “
section 204 of the FDA Food Safety Modernization Act”, meaning
section 204 of Pub. L. 111–353, which enacted
section 2223 of this title and amended this section and
section 381 of this title.
section 353c of this title, referred to in par. (kk), was in the original a reference to
section 503B of act June 25, 1938, and was translated as if it referred to
section 503C of that Act, to reflect the probable intent of Congress and the renumbering of
section 503B as 503C by Pub. L. 113–54, title I, § 102(a)(1), Nov. 27, 2013, 127 Stat. 587, and its transfer to
section 353c of this title. A new
section 503B, which was enacted by
section 102(a)(2) of Pub. L. 113–54, is classified to
section 353b of this title and does not relate to television advertisements.
Amendments
2022—Subsec. (d). Pub. L. 117–328, § 3503(a)(1)(B), which directed the substitution of “, 360bbb–3, or 364c” for “or 360bbb–3” in par. (d), was executed by making the substitution in subsec. (d) to reflect the probable intent of Congress. Subsec. (e). Pub. L. 117–328, § 3503(a)(4)(A), substituted “360bbb–3, 364a, 373” for “360bbb–3, 373” and “360bbb–3, 364a, 364g, 379aa” for “360bbb–3, 379aa”. Subsec. (q)(3). Pub. L. 117–328, § 3305(b), added par. (3). Subsec. (ii). Pub. L. 117–328, § 3503(a)(4)(B)(ii), inserted “or required under
section 364a(a) of this title” after “report (as defined under
section 379aa or
379aa–1 of this title”. Pub. L. 117–328, § 3503(a)(4)(B)(i), substituted “364, 379aa, or 379aa–1 of this title) or” for “379aa or 379aa–1 of this title) or”. Subsec. (fff). Pub. L. 117–328, § 2513(a), added subsec. (fff). Subsec. (ggg). Pub. L. 117–328, § 3210(c), added subsec. (ggg). Subsecs. (hhh), (iii). Pub. L. 117–328, § 3503(a)(1)(A), added subsecs. (hhh) and (iii). 2018—Par. (cc). Pub. L. 115–271, § 3022(b)(1), inserted “or a drug” after “food” and “from such activity” after “person debarred”. Par. (eee). Pub. L. 115–271, § 3012(a), added par. (eee). 2016—Subsec. (r). Pub. L. 114–255 inserted “, drug,” after “device” in two places. 2015—Par. (ddd). Pub. L. 114–114 added par. (ddd). 2013—Par. (t). Pub. L. 113–54, § 206(a), struck out “or” after “the requirements of
section 353(d) of this title,” and inserted “, failure to comply with the requirements under
section 360eee–1 of this title, the failure to comply with the requirements under
section 360eee–3 of this title, as applicable,” after “in violation of
section 353(e) of this title”. Par. (ccc). Pub. L. 113–54, § 103(a), added par. (ccc). 2012—Par. (aaa). Pub. L. 112–144, § 714(a), added par. (aaa). Par. (bbb). Pub. L. 112–144, § 715(a), added par. (bbb). 2011—Par. (d). Pub. L. 111–353, § 102(d)(1), inserted “350d,” after “344,”. Par. (e). Pub. L. 111–353, §§ 204(j)(1), 211(c), substituted “350f(j)” for “350f(g)” and inserted before period at end “; or the violation of any recordkeeping requirement under
section 2223 of this title (except when such violation is committed by a farm)”. Par. (uu). Pub. L. 111–353, § 103(e), added par. (uu). Par. (vv). Pub. L. 111–353, § 105(c), added par. (vv). Par. (ww). Pub. L. 111–353, § 106(d), added par. (ww). Par. (xx). Pub. L. 111–353, § 206(d), added par. (xx). Par. (yy). Pub. L. 111–353, § 211(b), added par. (yy). Par. (zz). Pub. L. 111–353, § 301(b), added par. (zz). 2009—Pars. (a) to (c). Pub. L. 111–31, § 103(b)(1)–(3), inserted “tobacco product,” after “device,”. Par. (e). Pub. L. 111–31, § 103(b)(4)(B), which directed substitution of “379aa–1, 387i, or 387t of this title or the refusal to permit access to” for “or 379aa–1 of this title or the refusal to permit access to”, was executed by making the substitution for “or 379aa–1 of this title, or the refusal to permit access to”, to reflect the probable intent of Congress. Pub. L. 111–31, § 103(b)(4)(A), struck out period after “360ccc–1(i)”. Pars. (g), (h). Pub. L. 111–31, § 103(b)(5), (6), inserted “tobacco product,” after “device,”. Par. (j). Pub. L. 111–31, § 103(b)(7), struck out period after “360ccc–2” and substituted “379, 379e, 387d, 387e, 387f, 387g, 387h, 387i, or 387t(b)” for “379, or 379e”. Par. (k). Pub. L. 111–31, § 103(b)(8), inserted “tobacco product,” after “device,”. Par. (p). Pub. L. 111–31, § 103(b)(9), added par. (p) and struck out former par. (p) which read as follows: “The failure to register in accordance with
section 360 of this title, the failure to provide any information required by
section 360(j) or 360(k) of this title, or the failure to provide a notice required by
section 360(j)(2) of this title.” Par. (q)(1). Pub. L. 111–31, § 103(b)(10), added subpar. (1) and struck out former subpar. (1) which read as follows: “The failure or refusal to (A) comply with any requirement prescribed under
section 360h or
360j(g) of this title, (B) furnish any notification or other material or information required by or under
section 360i or
360j(g) of this title, or (C) comply with a requirement under
section 360l of this title.” Par. (q)(2). Pub. L. 111–31, § 103(b)(11), substituted “device or tobacco product,” for “device,”. Par. (r). Pub. L. 111–31, § 103(b)(12), inserted “or tobacco product” after “device” in two places. Pars. (oo) to (tt). Pub. L. 111–31, § 103(b)(13), added pars. (oo) to (tt). 2007—Par. (e). Pub. L. 110–85, § 1005(d)(1), substituted “350c, 350f(g),” for “350c,” and “350c(b), 350f” for “350c(b)”. Par. (jj). Pub. L. 110–85, § 801(b)(1), added par. (jj). Par. (kk). Pub. L. 110–85, § 901(d)(1), added par. (kk). Par. (ll). Pub. L. 110–85, § 912(a), added par. (ll). Pars. (mm), (nn). Pub. L. 110–85, § 1005(d)(2), added pars. (mm) and (nn). 2006—Par. (e). Pub. L. 109–462, § 3(b), substituted “374(a), 379aa, or 379aa–1” for “374(a), or 379aa” and “360bbb–3, 379aa, or 379aa–1” for “360bbb–3, or 379aa”. Pub. L. 109–462, § 2(c), substituted “, 374(a), or 379aa” for “, or 374(a)” and “, 360bbb–3, or 379aa” for “, or 360bbb–3”. Par. (ii). Pub. L. 109–462, § 4(a), added par. (ii). 2005—Par. (e). Pub. L. 109–59, § 7202(d), inserted “350e,” before “354,” in two places. Par. (hh). Pub. L. 109–59, § 7202(e), added par. (hh). 2004—Par. (e). Pub. L. 108–282, § 102(b)(5)(C), which directed the substitution of “360b(a)(4)(C), 360b (j), (l) or (m), 360ccc–1(i).” for “360b(a)(4)(C), 360b(j), (l) or (m)” was executed by making the substitution for “360b(a)(4)(C), 360b(j), (l), or (m)”, to reflect the probable intent of Congress. Par. (j). Pub. L. 108–282, § 102(b)(5)(D), substituted “360j, 360ccc, 360ccc–1, 360ccc–2.” for “360j”. Par. (gg). Pub. L. 108–214 amended par. (gg) generally. Prior to amendment, text read as follows: “The knowing failure of a person accredited under paragraph (2) of
section 374(g) of this title to comply with paragraph (7)(E) of such section; the knowing inclusion by such a person of false information in an inspection report under paragraph (7)(A) of such section; or the knowing failure of such a person to include material facts in such a report.” 2003—Par. (d). Pub. L. 108–136 substituted “
section 344, 355, or 360bbb–3” for “
section 344 or
355”. Par. (e). Pub. L. 108–136 inserted “360bbb–3,” after “350c, 354,” and substituted “360i, or 360bbb–3” for “or 360i”. Par. (aa). Pub. L. 108–173 substituted “prescription drug in violation of
section 384” for “covered product in violation of
section 384”. 2002—Par. (e). Pub. L. 107–188, § 306(c)(1), substituted “by
section 350a, 350c, 354, 373, or 374(a) of this title” for “by
section 350a, 354, or 373 of this title” and “under
section 350a, 350c(b)” for “under
section 350a”. Par. (j). Pub. L. 107–188, § 306(c)(2), inserted “350c,” after “350a,”. Par. (w). Pub. L. 107–188, § 322(b), amended par. (w) generally. Prior to amendment, par. (w) read as follows: “The making of a knowingly false statement in any record or report required or requested under subparagraph (A) or (B) of
section 381(d)(3) of this title, the failure to submit or maintain records as required by
section 381(d)(3)(A) and 381(d)(3)(B) of this title, the release into interstate commerce of any article imported into the United States under
section 381(d)(3) of this title or any finished product made from such article (except for export in accordance with
section 381(e) or 382 of this title or
section 262(h) of title 42), or the failure to export or destroy any component, part or accessory not incorporated into a drug, biological product or device that will be exported in accordance with
section 381(e) or 382 of this title or
section 262(h) of title 42.” Par. (bb). Pub. L. 107–188, § 303(b), added par. (bb). Par. (cc). Pub. L. 107–188, § 304(d), added par. (cc). Par. (dd). Pub. L. 107–188, § 305(b), added par. (dd). Par. (ee). Pub. L. 107–188, § 307(b), added par. (ee). Par. (ff). Pub. L. 107–188, § 321(b)(2), added par. (ff). Par. (gg). Pub. L. 107–250 added par. (gg). 2000—Par. (aa). Pub. L. 106–387 added par. (aa). 1997—Par. (e). Pub. L. 105–115, § 125(b)(2)(B), struck out “357(d) or (g),” after “355(i) or (k),”. Par. (i)(1). Pub. L. 105–115, § 125(a)(2)(C), struck out “, 356, 357,” before “or 379e of this title”. Par. (j). Pub. L. 105–115, § 125(a)(2)(A), struck out “356, 357,” before “360,”. Par. (l). Pub. L. 105–115, § 421, struck out par. (l) which read as follows: “The using, on the labeling of any drug or device or in any advertising relating to such drug or device, of any representation or suggestion that approval of an application with respect to such drug or device is in effect under
section 355, 360e, or 360j(g) of this title, as the case may be, or that such drug or device complies with the provisions of such section.” Par. (x). Pub. L. 105–115, § 204(b), added par. (x). Par. (y). Pub. L. 105–115, § 210(c), added par. (y). Par. (z). Pub. L. 105–115, § 401(b), temporarily added par. (z) which related to dissemination of information in violation of
section 360aaa of this title. See Effective and Termination Dates of 1997 Amendment note below. 1996—Par. (e). Pub. L. 104–250 inserted “, 354,” before “or 373 of this title” and “354,” before “355(i) or (k)”. Par. (j). Pub. L. 104–170 inserted before period at end of first sentence “; or the violating of
section 346a(i)(2) of this title or any regulation issued under that section.” Pars. (u) to (w). Pub. L. 104–134 redesignated par. (u) relating to introduction into interstate commerce of unsafe dietary supplement as (v) and added par. (w). 1994—Par. (e). Pub. L. 103–396, § 2(b)(1)(A), substituted “357(d) or (g), 360b(a)(4)(C),” for “357(d) or (g),”. Par. (u). Pub. L. 103–417 added par. (u) relating to introduction into interstate commerce of unsafe dietary supplement. Pub. L. 103–396, § 2(b)(1)(B), added par. (u) relating to failure to comply with
Regulations
or orders of Secretary. 1993—Par. (j). Pub. L. 103–80, § 3(c)(1), substituted “379, or 379e” for “379e, or 379”. Par. (s). Pub. L. 103–80, § 3(c)(2), substituted “350a(e)” for “350a(d)”. 1992—Pars. (i)(1), (j). Pub. L. 102–571 substituted “379e” for “376”. Par. (q)(1)(C). Pub. L. 102–300 added cl. (C). 1990—Par. (e). Pub. L. 101–502 substituted “or (k)” for “or (j)”. Par. (j). Pub. L. 101–508 inserted at end “This paragraph does not authorize the withholding of information from either House of Congress or from, to the extent of matter within its jurisdiction, any committee or subcommittee of such committee or any joint committee of Congress or any subcommittee of such joint committee.” 1988—Par. (t). Pub. L. 100–293 added par. (t). 1986—Par. (s). Pub. L. 99–570 amended par. (s) generally. Prior to amendment, par. (s) read as follows: “The failure to provide the notice required by
section 350a(b) or 350a(c), the failure to make the reports required by
section 350a(d)(1)(B), or the failure to meet the requirements prescribed under
section 350a(d)(2).” 1980—Par. (e). Pub. L. 96–359, § 5(b), inserted reference to
section 350a of this title in two places. Par. (j). Pub. L. 96–359, § 5(c), inserted reference to
section 350a of this title. Par. (s). Pub. L. 96–359, § 5(a), added par. (s). 1976—Par. (e). Pub. L. 94–295, § 3(b)(2), inserted references to
section 360e(f) and 360i of this title. Par. (j). Pub. L. 94–295, § 3(b)(3), inserted references to
section 360, 360c, 360d, 360e, 360f, 360h, 360i, 360j, and 379 of this title. Par. (l). Pub. L. 94–295, § 3(b)(4), substituted “drug or device” for “drug” wherever appearing, and inserted references to
section 360e and
360j(g) of this title. Par. (p). Pub. L. 94–295, § 4(b)(1), substituted “
section 360(j) or 360(k) of this title,” for “
section 360(j) of this title,”. Par. (q). Pub. L. 94–295, § 3(b)(1), added par. (q). Par. (r). Pub. L. 94–295, § 7(b), added par. (r). 1972—Par. (p). Pub. L. 92–387 added failure to provide information required by
section 360(j) of this title, and failure to provide notice required by
section 360(j)(2) of this title as prohibited acts. 1970—Par. (q). Pub. L. 91–513 struck out par. (q) which set out penalties for illegal manufacture, sale, disposition, possession and other traffic in stimulant and depressant drugs. See
section 801 et seq. of this title. 1968—Par. (e). Pub. L. 90–399, § 103(1), struck out “or” before “357(d) or (g)” and inserted “, or 360b(j), (l), or (m)” after “357(d) or (g)”. Amendment striking out “or” was executed as described, notwithstanding directory language that “or” before “357,” be stricken out, to reflect the probable intent of Congress. Par. (j). Pub. L. 90–399, § 103(2), inserted reference to
section 360b of this title. Par. (q). Pub. L. 90–639 divided cl. (3), which referred simply to possession in violation of
section 360a(c) of this title, into subcls. (A) and (B) which refer, respectively, to possession in violation of
section 360a(c)(1) of this title and possession in violation of
section 360a(c)(2) of this title. 1965—Par. (i). Pub. L. 89–74, § 9(c), designated existing provisions as subpar. (1) and added subpars. (2) and (3). Par. (q). Pub. L. 89–74, § 5, added par. (q). 1962—Par. (e). Pub. L. 87–781, §§ 103(c), 106(c), prohibited the failure to establish or maintain any record, or make any report, required under
section 355(i) or (j) and 507(d) or (g) of this title, or the refusal to permit access to, or verification or copying of, any such required record. Par. (l). Pub. L. 87–781, § 104(e)(1), inserted “approval of” before “an application”, and substituted “in effect” for “effective”. Par. (o). Pub. L. 87–781, § 114(a), added par. (o). Par. (p). Pub. L. 87–781, § 304, added par. (p). 1960—Par. (i). Pub. L. 86–618, § 105(a), struck out references to
section 346(b), 354, and 364 of this title and inserted reference to
section 376 of this title. Par. (j). Pub. L. 86–618, § 104, inserted reference to
section 376 of this title. 1958—Par. (j). Pub. L. 85–929, inserted reference to
section 348 of this title. 1953—Par. (n). Act Aug. 7, 1953, added par. (n). 1950—Par. (m). Act Mar. 16, 1950, added par. (m). 1948—Par. (k). Act
June 24, 1948, inserted “(whether or not the first sale)” so as to make it clear that this subsection is not limited to the case where the act occurs while the article is held for the first sale after interstate shipment, and extended coverage of subsection to acts which result in adulteration. 1947—Par. (j). Act Mar. 10, 1947, inserted reference to
section 356 and
357 of this title. 1945—Par. (i). Act
July 6, 1945, inserted reference to
section 357 of this title. 1941—Par. (i). Act Dec. 22, 1941, inserted reference to
section 356 of this title.
Statutory Notes and Related Subsidiaries
Effective Date
of 2022 Amendment Pub. L. 117–328, div. FF, title III, § 3305(d), Dec. 29, 2022, 136 Stat. 5833, provided that: “The
Amendments
made by subsections (a) and (b) [enacting
section 360n–2 of this title and amending this section] shall take effect 90 days after the date of enactment of this Act [Dec. 29, 2022]. An application or submission submitted before such
Effective Date
shall not be subject to the requirements under subsection (a) or (b) of
section 524B of the Federal Food, Drug, and Cosmetic Act [21 U.S.C. 360n–2(a), (b)], as added by this section.” Pub. L. 117–328, div. FF, title III, § 3503(b)(1), Dec. 29, 2022, 136 Stat. 5859, provided that: “The
Amendments
made by subsection (a) [amending this section and
section 361, 362, and 381 of this title] shall take effect on the date that is 1 year after the date of enactment of this Act [Dec. 29, 2022].”
Effective Date
of 2018 Amendment Pub. L. 115–271, title III, § 3012(d), Oct. 24, 2018, 132 Stat. 3936, provided that: “
section 301(eee) [21 U.S.C. 331(eee)] and 569D [21 U.S.C. 360bbb–8d] of the Federal Food, Drug, and Cosmetic Act, as added by subsections (a) and (b), shall be effective beginning on the date of enactment of this Act [Oct. 24, 2018].”
Effective Date
of 2015 Amendment Pub. L. 114–114, § 2(b), Dec. 28, 2015, 129 Stat. 3129, provided that: “(1) In general.—The amendment made by subsection (a) [amending this section] applies—“(A) with respect to manufacturing, beginning on
July 1, 2017, and with respect to introduction or delivery for introduction into interstate commerce, beginning on
July 1, 2018; and “(B) notwithstanding subparagraph (A), in the case of a rinse-off cosmetic that is a nonprescription drug, with respect to manufacturing, beginning on
July 1, 2018, and with respect to the introduction or delivery for introduction into interstate commerce, beginning on
July 1, 2019. “(2) Nonprescription drug.—For purposes of this subsection, the term ‘nonprescription drug’ means a drug not subject to
section 503(b)(1) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 353(b)(1)).”
Effective Date
of 2011 AmendmentAmendment by
section 103(e) of Pub. L. 111–353 effective 18 months after Jan. 4, 2011, and applicable to a small business (as defined in the
Regulations
promulgated under
section 350g(n) of this title) beginning on the date that is 6 months after the
Effective Date
of such
Regulations
and to a very small business (as defined in such
Regulations
) beginning on the date that is 18 months after the
Effective Date
of such
Regulations
, see
section 103(i) of Pub. L. 111–353, set out as an
Effective Date
note under
section 350g of this title. Pub. L. 111–353, title III, § 301(d), Jan. 4, 2011, 124 Stat. 3955, provided that: “The
Amendments
made by this section [enacting
section 384a of this title and amending this section and
section 381 of this title] shall take effect 2 years after the date of enactment of this Act [Jan. 4, 2011].”
Effective Date
of 2007 Amendment Pub. L. 110–85, title IX, § 909, Sept. 27, 2007, 121 Stat. 950, provided that: “(a)
Effective Date
.—This subtitle [subtitle A (§§ 901–909) of title IX of Pub. L. 110–85, enacting
section 353b and
355–1 of this title, amending this section,
section 333, 352, and 355 of this title, and
section 262 of Title 42, The Public Health and Welfare, and enacting provisions set out as notes under
section 352, 355, and 355a of this title] takes effect 180 days after the date of the enactment of this Act [Sept. 27, 2007]. “(b) Drugs Deemed to Have Risk Evaluation and Mitigation Strategies.—“(1) In general.—A drug that was approved before the
Effective Date
of this Act [probably means “this subtitle”, see above] is, in accordance with paragraph (2), deemed to have in effect an approved risk evaluation and mitigation strategy under
section 505–1 of the Federal Food, Drug, and Cosmetic Act [21 U.S.C. 355–1] (as added by
section 901) (referred to in this section as the ‘Act’) if there are in effect on the
Effective Date
of this Act elements to assure safe use—“(A) required under
section 314.520 or
section 601.42 of title 21, Code of Federal
Regulations
or “(B) otherwise agreed to by the applicant and the Secretary for such drug. “(2) Elements of strategy;
Enforcement
.—The approved risk evaluation and mitigation strategy in effect for a drug under paragraph (1)—“(A) is deemed to consist of the timetable required under
section 505–1(d) and any additional elements under subsections (e) and (f) of such section in effect for such drug on the
Effective Date
of this Act; and “(B) is subject to
Enforcement
by the Secretary to the same extent as any other risk evaluation and mitigation strategy under
section 505–1 of the Act, except that
section 303(f)(4) and 502(y) and (z) of the Act [21 U.S.C. 333(f)(4), 352(y), (z)] (as added by
section 902) shall not apply to such strategy before the Secretary has completed review of, and acted on, the first assessment of such strategy under such
section 505–1. “(3) Submission.—Not later than 180 days after the
Effective Date
of this Act, the holder of an approved application for which a risk evaluation and mitigation strategy is deemed to be in effect under paragraph (1) shall submit to the Secretary a proposed risk evaluation and mitigation strategy. Such proposed strategy is subject to
section 505–1 of the Act as if included in such application at the time of submission of the application to the Secretary.”
Effective Date
of 2006 AmendmentAmendment by
section 2(c) of Pub. L. 109–462 effective 1 year after Dec. 22, 2006, see
section 2(e)(1) of Pub. L. 109–462, set out as a note under
section 352 of this title. Amendment by
section 3(b) of Pub. L. 109–462 effective 1 year after Dec. 22, 2006, see
section 3(d)(1) of Pub. L. 109–462, set out as a note under
section 343 of this title. Pub. L. 109–462, § 4(b), Dec. 22, 2006, 120 Stat. 3475, provided that: “The amendment made by this section [amending this section] shall take effect 1 year after the date of enactment of this Act [Dec. 22, 2006].”
Effective Date
of 2005 Amendment Pub. L. 109–59, title VII, § 7204, Aug. 10, 2005, 119 Stat. 1914, provided that: “This subtitle [subtitle B (§§ 7201–7204) of title VII of Pub. L. 109–59, enacting
section 350e of this title, amending this section,
section 342 and
373 of this title, and
section 5701 of Title 49, Transportation, omitting sections
5702 to
5714 of Title 49, and enacting provisions set out as a note under
section 301 of this title] takes effect on October 1, 2005.”
Effective Date
of 2002 Amendment Pub. L. 107–188, title III, § 321(c), June 12, 2002, 116 Stat. 676, provided that: “The
Amendments
made by this section [amending this section and
section 360 and
381 of this title] take effect upon the expiration of the 180-day period beginning on the date of the enactment of this Act [
June 12, 2002].” Pub. L. 107–188, title III, § 322(c),
June 12, 2002, 116 Stat. 678, provided that: “The
Amendments
made by this section [amending this section and
section 381 of this title] take effect upon the expiration of the 90-day period beginning on the date of the enactment of this Act [June 12, 2002].” Effective and Termination Dates of 1997 AmendmentAmendment by
section 204, 210, and 421 of Pub. L. 105–115 effective 90 days after Nov. 21, 1997, except as otherwise provided, see
section 501 of Pub. L. 105–115, set out as a note under
section 321 of this title. Amendment by
section 401(b) of Pub. L. 105–115 effective 1 year after Nov. 21, 1997, or upon Secretary’s issuance of final
Regulations
pursuant to
section 401(c) of Pub. L. 105–115, whichever is sooner, and ceases to be effective Sept. 30, 2006, see
section 401(d), (e) of Pub. L. 105–115, set out as an Effective and Termination Dates note under former
section 360aaa of this title.
Effective Date
of 1994 AmendmentAmendment by Pub. L. 103–396 effective upon adoption of final
Regulations
under
section 2(c) of Pub. L. 103–396, set out as a
Regulations
note under
section 360b of this title, see
section 2(d) of Pub. L. 103–396, set out as a note under
section 360b of this title.
Effective Date
of 1990 Amendment Pub. L. 101–508, title IV, § 4755(c)(2), Nov. 5, 1990, 104 Stat. 1388–210, provided that the amendment made by
section 4755(c)(2) is effective as if included in subtitle D of title VI of the Omnibus Budget Reconciliation Act of 1989, Pub. L. 101–239, title VI, §§ 6601, 6602, Dec. 19, 1989, 103 Stat. 2285, see 42 U.S.C. 300aa–1 note, 300aa–10 note.
Effective Date
of 1988 AmendmentAmendment by Pub. L. 100–293 effective upon expiration of 90 days after Apr. 22, 1988, see
section 8(a) of Pub. L. 100–293, set out as a note under
section 353 of this title.
Effective Date
of 1972 AmendmentAmendment by Pub. L. 92–387 effective on first day of sixth month beginning after Aug. 16, 1972, see
section 5 of Pub. L. 92–387, set out as a note under
section 360 of this title.
Effective Date
of 1970 AmendmentAmendment by Pub. L. 91–513 effective on first day of seventh calendar month that begins after Oct. 26, 1970, see
section 704 of Pub. L. 91–513, set out as an
Effective Date
note under
section 801 of this title.
Effective Date
of 1968
Amendments
Amendment by Pub. L. 90–399 effective on first day of thirteenth calendar month after July 13, 1968, see
section 108(a) of Pub. L. 90–399, set out as an
Effective Date
and Transitional Provisions note under
section 360b of this title. Amendment by Pub. L. 90–639 applicable only with respect to violations of this chapter committed after Oct. 24, 1968, see
section 6 of Pub. L. 90–639, set out as an
Effective Date
of 1968
Amendments
Transitional Provisions note under
section 321 of this title.
Effective Date
of 1965 AmendmentAmendment by Pub. L. 89–74 effective Feb. 1, 1966, see
section 11 of Pub. L. 89–74, set out as a note under
section 321 of this title.
Effective Date
of 1962 AmendmentAmendment by
section 103(c) and 106(c) of Pub. L. 87–781 effective on first day of seventh calendar month following Oct. 1962, and amendment by
section 104(e)(1) of Pub. L. 87–781 effective Oct. 10, 1962, see
section 107 of Pub. L. 87–781, set out as a note under
section 321 of this title. Pub. L. 87–781, title I, § 114(b), Oct. 10, 1962, 76 Stat. 791, provided that: “This section [amending this section] shall take effect on the first day of the seventh calendar month following the month in which this Act is enacted [October 1962].”
Effective Date
of 1960 AmendmentAmendment by Pub. L. 86–618 effective July 12, 1960, subject to provisions of
section 203 of Pub. L. 86–618, see
section 202 of Pub. L. 86–618, set out as a note under
section 379e of this title.
Effective Date
of 1958 AmendmentAmendment by Pub. L. 85–929 effective Sept. 6, 1958, see
section 6(a) of Pub. L. 85–929, set out as a note under
section 342 of this title.
Effective Date
of 1950 AmendmentAmendment by act Mar. 16, 1950, effective July 1, 1950, see
section 7 of that act, set out as an
Effective Date
note under
section 347 of this title.
Regulations
Pub. L. 113–54, title I, § 104, Nov. 27, 2013, 127 Stat. 597, provided that: “In promulgating any
Regulations
to implement this title [enacting subpart 9 of part C of subchapter VII of this chapter and
section 353a–1 and
353b of this title, amending this section and
section 352, 353a, 352b, and 353c of this title, and enacting provisions set out as notes under
section 301 of this title] (and the
Amendments
made by this title), the Secretary of Health and Human Services shall— “(1) issue a notice of proposed rulemaking that includes the proposed regulation; “(2) provide a period of not less than 60 calendar days for comments on the proposed regulation; and “(3) publish the final regulation not more than 18 months following publication of the proposed rule and not less than 30 calendar days before the
Effective Date
of such final regulation.” Secretary of Health and Human Services to promulgate
Regulations
to implement
Amendments
made by
section 401 of Pub. L. 105–115 not later than 1 year after Nov. 21, 1997, see
section 401(c) of Pub. L. 105–115, set out as a note under
section 360aaa of this title.
Savings Provision
s Pub. L. 113–54, title II, § 208, Nov. 27, 2013, 127 Stat. 640, provided that: “Except as provided in the
Amendments
made by paragraphs (1), (2), and (3) of
section 204(a) [amending
section 353 of this title] and by
section 206(a) [amending this section], nothing in this title [enacting part H of subchapter V of this chapter, amending this section and
section 333, 352, 353, and 360eee–1 of this title, and enacting provisions set out as notes under
section 301, 333, and 353 of this title] (including the
Amendments
made by this title) shall be construed as altering any authority of the Secretary of Health and Human Services with respect to a drug subject to
section 503(b)(1) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 353(b)(1)) under any other provision of such Act [21 U.S.C. 301 et seq.] or the Public Health Service Act (42 U.S.C. 201 et seq.).” Amendment by Pub. L. 91–513 not to affect or abate any prosecutions for violation of law or any civil seizures or forfeitures and injunctive proceedings commenced prior to the
Effective Date
of such amendment, and all administrative proceedings pending before the Bureau of Narcotics and Dangerous Drugs [now the Drug
Enforcement
Administration] on Oct. 27, 1970, to be continued and brought to final determination in accord with laws and
Regulations
in effect prior to Oct. 27, 1970, see
section 702 of Pub. L. 91–513, set out as a note under
section 321 of this title.
Construction
of 2022 AmendmentNothing in amendment made by
section 3210(c) of Pub. L. 117–328 to be construed to affect ongoing withdrawal proceedings for products approved pursuant to
section 356(c) of this title for which a notice of proposed withdrawal has been published in the Federal Register prior to Dec. 29, 2022, see
section 3210(f) of Pub. L. 117–328, set out as a note under
section 356 of this title. Pub. L. 117–328, div. FF, title III, § 3305(c), Dec. 29, 2022, 136 Stat. 5833, provided that: “Nothing in this section [enacting
section 360n–2 of this title, amending this section, and enacting provisions set out as notes under this section and
section 360n–2 of this title], including the
Amendments
made by this section, shall be construed to affect the Secretary’s [of Health and Human Services] authority related to ensuring that there is a reasonable assurance of the safety and effectiveness of devices, which may include ensuring that there is a reasonable assurance of the cybersecurity of certain cyber devices, including for devices approved or cleared prior to the date of enactment of this Act [Dec. 29, 2022].” [For definition of “device” as used in
section 3305(c) of Pub. L. 117–328, set out above, see
section 321(h) of this title, as made applicable by
section 3305(h) of Pub. L. 117–328, which is set out as a note under
section 360n–2 of this title.] Nothing in amendment made by
section 3503(a)(1), (4)(A), (B) of Pub. L. 117–328, to be construed to authorize the disclosure of information that is prohibited from disclosure under
section 331(j) of this title or
section 1905 of title 18 or that is subject to withholding under
section 552(b)(4) of title 5, see
section 3503(c)(2) of Pub. L. 117–328, set out as a
Construction
Confidentiality note under
section 364 of this title.
Construction
of 2015 Amendment Pub. L. 114–114, § 2(d), Dec. 28, 2015, 129 Stat. 3130, provided that: “Nothing in this Act [amending this section and enacting provisions set out as notes under this section and
section 301 of this title] (or the
Amendments
made by this Act) shall be construed to apply with respect to drugs that are not also cosmetics (as such terms are defined in
section 201 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 321)).”
Construction
of 2011 AmendmentNothing in
Amendments
by
section 103(e), 105(c), 106(d), 204(j)(1), 211(b), (c), and 301(b) of Pub. L. 111–353 to be construed to apply to certain alcohol-related facilities, see
section 2206 of this title. Nothing in
Amendments
by Pub. L. 111–353 to be construed to alter jurisdiction and authorities established under certain other Acts or in a manner inconsistent with international agreements to which the United States is a party, see
section 2251 and
2252 of this title.
Construction
of 2009
Amendments
Pub. L. 111–31, div. A, title I, § 103(p), June 22, 2009, 123 Stat. 1838, provided that: “Nothing in this section [amending this section and
section 333, 334, 355, 360m, 372 to 374, 375, 379a, 381, 393, 399, and 679 of this title and enacting provisions set out as notes under
section 333 and
387c of this title] is intended or shall be construed to expand, contract, or otherwise modify or amend the existing limitations on State government authority over tribal restricted fee or trust lands.”
Construction
of 2002
Amendments
Pub. L. 107–188, title III, § 315, June 12, 2002, 116 Stat. 675, provided that: “Nothing in this title [enacting
section 350c, 350d, 398, 399, and 679c of this title,
section 3353, 3354, 8319, and 8320 of Title 7, Agriculture, and
section 247b–20 of Title 42, The Public Health and Welfare, amending this section,
section 334, 335a, 342, 343, 360, 372, 374, and 381 of this title, and
section 43 of Title 18, Crimes and Criminal Procedure, and enacting provisions set out as notes under this section and
section 341, 350c, 350d, and 381 of this title], or an amendment made by this title, shall be construed to alter the jurisdiction between the Secretaries of Agriculture and of Health and Human Services, under applicable statutes and
Regulations
.” Preemption of State Laws Pub. L. 114–114, § 2(c), Dec. 28, 2015, 129 Stat. 3129, provided that: “No State or political subdivision of a State may directly or indirectly establish under any authority or continue in effect restrictions with respect to the manufacture or introduction or delivery for introduction into interstate commerce of rinse-off cosmetics containing plastic microbeads (as defined in
section 301(ddd) of the Federal Food, Drug, and Cosmetic Act, as added by subsection (a)) that are not identical to the restrictions under such
section 301(ddd) that have begun to apply under subsection (b) [set out as a note above].”
Transfer of Functions
For
Transfer of Functions
of Federal Security Administrator to Secretary of Health, Education, and Welfare [now Health and Human Services], and of Food and Drug Administration in the Department of Agriculture to Federal Security Agency, see notes set out under
section 321 of this title.