Title 21, Food and DrugsRelease 119-110
§321d Market Names for Catfish and Ginseng
Title 21 › CHAPTER 9 — FEDERAL FOOD, DRUG, AND COSMETIC ACT › SUBCHAPTER II — DEFINITIONS › § 321d
Summary
Under the Federal Food, Drug, and Cosmetic Act, the name "catfish" can only be used as the common name for fish in the family Ictaluridae, and only those fish may be labeled or advertised as "catfish." Similarly, the name "ginseng" can only be used for herbs or ingredients from the genus Panax, and only those may be labeled or advertised as "ginseng."
Full Legal Text
Title 21, §321d
Food and Drugs, Source: USLM XML via OLRC
(a)Catfish labeling
(1)In general
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)Omitted
(b)Ginseng labeling
(1)In general
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)Omitted
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
Sep 22, 2026
Release point: 119-110