§350e — Title 21 Food and Drugs | U.S. Code

Summary

The Secretary must make rules that require shippers, motor carriers, rail carriers, receivers, and others moving food to use clean and safe transportation so food is not contaminated. Bulk vehicle — vehicles that hold food in bulk like tank trucks, hopper trucks, rail tank cars, cargo tanks, freight containers, or similar equipment. Transportation — movement of food in commerce by motor vehicle or rail. The rules must cover things like cleaning and sanitation, how food is packed or separated, limits on which vehicles can be used, what information must be given to carriers or to the people who arrange or supply tank or bulk vehicles, and recordkeeping. The rules must list nonfood products that can contaminate food if shipped in the same vehicle. The Secretary can grant waivers for certain people, vehicles, or products if it is safe and in the public interest, and must publish those waivers. State rules that conflict with the federal rules are preempted when the federal rules take effect. Other federal agencies must help the Secretary on request when they can.

Title 21, §350e

Food and Drugs — Source: USLM XML via OLRC

(a)In this section:

(1)The term “bulk vehicle” includes a tank truck, hopper truck, rail tank car, hopper car, cargo tank, portable tank, freight container, or hopper bin, and any other vehicle in which food is shipped in bulk, with the food coming into direct contact with the vehicle.

(2)The term “transportation” means any movement in commerce by motor vehicle or rail vehicle.

(b)The Secretary shall by regulation require shippers, carriers by motor vehicle or rail vehicle, receivers, and other persons engaged in the transportation of food to use sanitary transportation practices prescribed by the Secretary to ensure that food is not transported under conditions that may render the food adulterated.

(c)The regulations under subsection (b) shall—

(1)prescribe such practices as the Secretary determines to be appropriate relating to—

(A)sanitation;

(B)packaging, isolation, and other protective measures;

(C)limitations on the use of vehicles;

(D)information to be disclosed—

(i)to a carrier by a person arranging for the transport of food; and

(ii)to a manufacturer or other person that—

(I)arranges for the transportation of food by a carrier; or

(II)furnishes a tank vehicle or bulk vehicle for the transportation of food; and

(E)recordkeeping; and

(2)include—

(A)a list of nonfood products that the Secretary determines may, if shipped in a bulk vehicle, render adulterated food that is subsequently transported in the same vehicle; and

(B)a list of nonfood products that the Secretary determines may, if shipped in a motor vehicle or rail vehicle (other than a tank vehicle or bulk vehicle), render adulterated food that is simultaneously or subsequently transported in the same vehicle.

(d)(1)The Secretary may waive any requirement under this section, with respect to any class of persons, vehicles, food, or nonfood products, if the Secretary determines that the waiver—

(A)will not result in the transportation of food under conditions that would be unsafe for human or animal health; and

(B)will not be contrary to the public interest.

(2)The Secretary shall publish in the Federal Register any waiver and the reasons for the waiver.

(e)(1)A requirement of a State or political subdivision of a State that concerns the transportation of food is preempted if—

(A)complying with a requirement of the State or political subdivision and a requirement of this section, or a regulation prescribed under this section, is not possible; or

(B)the requirement of the State or political subdivision as applied or enforced is an obstacle to accomplishing and carrying out this section or a regulation prescribed under this section.

(2)This subsection applies to transportation that occurs on or after the effective date of the regulations promulgated under subsection (b).

(f)The Secretary of Transportation, the Secretary of Agriculture, the Administrator of the Environmental Protection Agency, and the heads of other Federal agencies, as appropriate, shall provide assistance on request, to the extent resources are available, to the Secretary for the purposes of carrying out this section.

Notes & Related Subsidiaries

Statutory Notes and Related Subsidiaries

Effective Date

Section effective Oct. 1, 2005, see section 7204 of Pub. L. 109–59, set out as an

Effective Date

of 2005 Amendment note under section 331 of this title.

Regulations

Pub. L. 111–353, title I, § 111(a), Jan. 4, 2011, 124 Stat. 3916, provided that: “Not later than 18 months after the date of enactment of this Act [Jan. 4, 2011], the Secretary shall promulgate

Regulations

described in section 416(b) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 350e(b)).”

§350e Sanitary Transportation Practices

Summary

Title 21, §350e

Notes & Related Subsidiaries

Statutory Notes and Related Subsidiaries

Effective Date

Effective Date

Regulations

Regulations

Citations & Metadata