Title 21 — Food and DrugsRelease 119-73not60
§321d Market Names for Catfish and Ginseng
Title 21 › Chapter 9— FEDERAL FOOD, DRUG, AND COSMETIC ACT › Subchapter II— DEFINITIONS › § 321d
Summary
Even if other laws say something different, under the Federal Food, Drug, and Cosmetic Act the word "catfish" can only be used as the common name for fish in the family Ictaluridae. Only labels or ads for those fish may use the word "catfish." Even if other laws say something different, under the Act the word "ginseng" can only be used as the common name for herbs from the genus Panax. Only labels or ads for those herbs may use the word "ginseng."
Full Legal Text
Title 21, §321d
Food and Drugs — Source: USLM XML via OLRC
(a)(1)Notwithstanding any other provision of law, for purposes of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 301 et seq.)—
(A)the term “catfish” may only be considered to be a common or usual name (or part thereof) for fish classified within the family Ictaluridae; and
(B)only labeling or advertising for fish classified within that family may include the term “catfish”.
(2)
(b)(1)Notwithstanding any other provision of law, for purposes of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 301 et seq.)—
(A)the term “ginseng” may only be considered to be a common or usual name (or part thereof) for any herb or herbal ingredient derived from a plant classified within the genus Panax; and
(B)only labeling or advertising for herbs or herbal ingredients classified within that genus may include the term “ginseng”.
(2)
Legislative History
Notes & Related Subsidiaries
Editorial Notes
References in Text
The Federal Food, Drug, and Cosmetic Act, referred to in subsecs. (a)(1), (b)(1), is act June 25, 1938, ch. 675, 52 Stat. 1040, which is classified generally to this chapter. For complete classification of this Act to the Code, see section 301 of this title and Tables. Codification Section is comprised of section 10806 of Pub. L. 107–171. Subsecs. (a)(2) and (b)(2) of section 10806 of Pub. L. 107–171 amended section 343 of this title. Section was enacted as part of the Farm Security and Rural Investment Act of 2002, and not as part of Federal Food, Drug, and Cosmetic Act which comprises this chapter.
Reference
Citations & Metadata
Citation
21 U.S.C. § 321d
Title 21 — Food and Drugs
Last Updated
Apr 5, 2026
Release point: 119-73not60