(d) Requirements for proposals submitted by organizations and groups. Proposals submitted by organizations and groups under this section shall be limited to the essential information required to evaluate them, unless the organization or group shall volunteer additional information. (Pub. L. 91-516, § 5, Oct. 30, 1970, 84 Stat. 1315.) § 1535. Administration by Commissioner; utilization of services and facilities of Federal agencies and public or private agencies or institutions; agreements; compensation; annual publication and distribution of list of supported projects. In administering the provisions of this chapter, the Commissioner is authorized to utilize the services and facilities of any agency of the Federal Government and of any other public or private agency or institution in accordance with appropriate agree ments, and to pay for such services either in advance or by way of reimbursements, as may be agreed upon. The Commissioner shall publish annually a list and description of projects supported under this chapter and shall distribute such list and description to interested educational institutions, citizens' groups, conservation organizations, and other organizations and individuals involved in enhancing environmental quality and maintaining ecological balance. (Pub. L. 91-516, § 6, Oct. 30, 1970, 84 Stat. 1315.) § 1536. Authorization of appropriations. There is authorized to be appropriated $5,000,000 for the fiscal year ending June 30, 1971, $15,000,000 for the fiscal year ending June 30, 1972, and $25,000,000 for the fiscal year ending June 30, 1973, for carrying out the purposes of this chapter. (Pub. L. 91-516, 7, Oct. 30, 1970, 84 Stat. 1315.) TITLE 21.-FOOD AND DRUGS 16. 17. 18. 19. 20. 21. 22. 23. 24. 25. 26. Sea food sold in interstate commerce; examinations; fees; offenses. Repealed. MISCELLANEOUS PROVISIONS Introduction into, or sale in, State or Territory or District of Columbia of dairy or food products falsely labeled or branded. Same; penalty; jurisdiction of prosecutions. Apples in interstate commerce; standard grades. Certificate of inspection of American food products for export; issuance upon payment of actual cost. Oleomargarine, butterine, or imitation butter or cheese transported into a State subject to its police powers. Inspection of food and other products by Department of Agriculture for any branch of Government. FEDERAL FOOD AND DRUGS ACT OF 1906 Sections 1-5 and 7-15 of this title were based upon the Federal Food and Drugs Act, act June 30, 1906, ch. 3915, § 1, 34 Stat. 768. Subject matter similar to that act is Page 5383 now contained in the Federal Food, Drug, and Cosmetic Act, act June 25, 1938, ch. 675, § 1, 52 Stat. 1040, which is set out in chapter 9 of this title. Section 902 (a) of act June 25, 1938, ch. 675, 52 Stat. 1059, which repealed sections 1-5, 7-14, and 15 of this title, provided that the repeal of those sections should take effect upon the effective date of act June 25, 1938, which was to take effect twelve months after the date of its enactment. Act June 23, 1939, ch. 242, § 2 (b), 53 Stat. 854, provided that "The provisions of such act of June 30, 1906, as amended, to the extent that they impose, or authorize the imposition of, any requirement imposed by section 403 (k) of the Federal Food, Drug, and Cosmetic Act (section 343 of this title), shall remain in force until January 1, 1940." S$1 to 5. Repealed. June 25, 1938, ch. 675, § 902 (a), 52 Stat. 1059. Sections 1 and 2 of this title were based upon sections 1 and 2, respectively, of act June 30, 1906, ch. 3915, 34 Stat. 768 and related to penalty for manufacture of adulterated or misbranded foods or drugs. Section 3 was based upon section 3 of act June 30, 1906, as amended by act Mar. 4, 1913, ch. 141, § 1, 37 Stat. 736 and related to uniform regulations for enforcement by Secretaries of the Treasury, Agriculture, and Commerce. Sections 4 and 5 of this title were based upon section 12 of act June 30, 1906 and related to corporate liability and definitions of "territory" and "person". For effective date of act June 25, 1938, repealing these sections, see note at beginning of this chapter. § 6. Butter defined. CODIFICATION Section, act 1lar. 4, 1923, ch. 268, 42 Stat. 1500, was transferred to section 321a of this title. §§ 7 to 14. Repealed. June 25, 1938, ch. 675, § 902 (a), 52 Stat. 1059. Sections 7, 8, and 9 of this title were based on sections 6, 7, and 8, respectively, of act June 30, 1906, ch. 3915, 34 Stat. 768 and related to definitions of drug, food, adulterated, and misbranded articles. Section 10 of this title was based upon section 8 of act June 30, 1906, as amended by acts Aug. 23, 1912, ch. 352, 37 Stat. 416; Mar. 3, 1913, ch. 117, 37 Stat. 732; July 24, 1919, ch. 26, 41 Stat. 271; July 8, 1930, ch. 874, 46 Stat. 1019 and related to definition of misbranded articles. Sections 11, 12, 13, and 14 of this title were based, respectively, upon sections 4, 5, 9, and 10 of act June 30, 1906, and related to examination, seller's guaranty, prosecution and seizure of adulterated or misbranded articles of food, drug, or liquor. Section 11 was modified by act Jan. 18, 1927, ch. 39, 44 Stat. 1003. For effective date of act June 25, 1938, repealing these sections, see note at beginning of this chapter. § 14a. Sea food sold in interstate commerce; examinations; fees; offenses. CODIFICATION Section 14a, act June 30, 1906, ch. 3915, § 10A, as added June 22, 1934, ch. 712, 48 Stat. 1204, and amended Aug. 27, 1935, ch. 789, 49 Stat. 871, was transferred to section 372a of this title. § 15. Repealed. June 25, 1938, ch. 675, § 902 (a), 52 Stat. 1059. Section was based upon section 11 of act June 30, 1906, ch. 3915, 34 Stat. 772 and related to examination of samples of inports. For effective date of act June 25, 1938, repealing this section, see note at beginning of this chapter. MISCELLANEOUS PROVISIONS § 16. Introduction into, or sale in, State or Territory or District of Columbia of dairy or food products falsely labeled or branded. No person or persons, company or corporation, shall introduce into any State or Territory of the United States or the District of Columbia from any other State or Territory of the United States or the District of Columbia, or sell in the District of Columbia or in any Territory any dairy or food products which shall be falsely labeled or branded as to the State or Territory in which they are made, produced, or grown, or cause or procure the same to be done by others. (July 1, 1902, ch. 1357, § 1, 32 Stat. 632.) SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 17 of this title. § 17. Same; penalty; jurisdiction of prosecutions. If any person or persons violate the provisions of section 16 of this title, either in person or through another, he shall be guilty of a misdemeanor and shall be punished by a fine of not less than $500 nor more than $2,000. The jurisdiction for the prosecution of said misdemeanor shall be within the district of the United States court in which it is committed. (July 1, 1902, ch. 1357, § 2, 32 Stat. 632.) FEDERAL RULES OF CRIMINAL PROCEDURE Continuance of section under rule 18, see note by Advisory Committee under rule 18, Title 18, Appendix, Crimes and Criminal Procedure. § 18. Suspension of importation of adulterated articles. Whenever the President is satisfied that there is good reason to believe that any importation is being made, or is about to be made, into the United States, from any foreign country, of any article used for human food or drink that is adulterated to an extent dangerous to the health or welfare of the people of the United States, or any of them, he may issue his proclamation suspending the importation of such articles from such country for such period of time as he may think necessary to prevent such importation; and during such period it shall be unlawful to import into the United States from the countries designated in the proclamation of the President any of the articles the importation of which is so suspended. (Aug. 30, 1890, ch. 839, § 4, 26 Stat. 415.) § 19. Repealed. May 29, 1928, ch. 901, § 1 (100), 45 Stat. 993. Section, act May 23, 1908, ch. 192, 35 Stat. 261, related to report to the Congress of expenditures in enforcing food and drug laws. § 20. Apples in interstate commerce; standard grades. The standard grades for apples when packed in barrels which shall be shipped or delivered for shipment in interstate or foreign commerce, or which shall be sold or offered for sale within the District of Columbia or the Territories of the United States shall be as follows: Apples of one variety, which are well-grown specimens, hand picked, of good color for the variety, normal shape, practically free from insect and fungous injury, bruises, and other defects, except such as are necessarily caused in the operation of packing, or apples of one variety which are not more than 10 per centum below the foregoing specifications shall be "Standard grade minimum size two and one-half inches", if the minimum size of the apples is two and one-half inches in transverse diameter; "Standard grade minimum size two and onefourth inches", if the minimum size of the apples is two and one-fourth inches in transverse diameter; or "Standard grade minimum size two inches", if the minimum size of the apples is two inches in transverse diameter. (Aug. 3, 1912, ch. 273, § 2, 37 Stat. 250.) SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 21, 22, 23 of this title. § 21. Same; branding grades on barrels. The barrels in which apples are packed in accordance with the provisions of sections 20 to 23 of this title may be branded in accordance with the provisions of section 20 of this title. (Aug. 3, 1912, ch. 273, § 3, 37 Stat. 251.) SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 22, 23 of this title. § 22. Same; barrels misbranded. Barrels packed with apples shall be deemed to be misbranded within the meaning of sections 20 to 23 of this title First. If the barrel bears any statement, design, or device indicating that the apples contained therein are "Standard" grade and the apples when packed do not conform to the requirements prescribed by section 20 of this title. Second. If the barrel bears any statement, design, or device indicating that the apples contained therein are "Standard" grade and the barrel fails to bear also a statement of the name of the variety, the name of the locality where grown, and the name of the packer or the person by whose authority the apples were packed and the barrel marked. (Aug. 3, 1912, ch. 273, § 5, 37 Stat. 251.) SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 21, 23 of this title. § 23. Same; penalty for violations. Any person, firm or corporation, or association who shall knowingly pack or cause to be packed apples in barrels or who shall knowingly sell or offer for sale such barrels in violation of the provisions of sections 20 to 22 of this title shall be liable to a penalty of $1 and costs for each such barrel so sold or offered for sale, to be recovered at the suit of the United States in any court of the United States having jurisdiction. (Aug. 3, 1912, ch. 273, § 6, 37 Stat. 251.) CODIFICATION Section is also set out as section 233 of Title 15, Commerce and Trade. SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 21, 22 of this title. § 24. Certificate of inspection of American food products for export; issuance upon payment of actual cost. CODIFICATION Section, act Mar. 4, 1915, ch. 144, 38 Stat. 1102, has been omitted as obsolete. It related to payment of the cost of inspection under a provision authorizing the investigation of the character of chemical and physical tests applied to American food products in foreign countries and the inspection of such products before shipment to such countries at the request of the shippers or owners. That provision was repeated in subsequent appropriation acts but was omitted from the appropriation act of July 12, 1943, ch. 221, 57 Stat. 494, and from all subsequent appropriation acts. § 25. Oleomargarine, butterine, or imitation butter or cheese transported into a State subject to its police powers. All articles known as oleomargarine, butterine, imitation, process, renovated, or adulterated butter, or imitation cheese, or any substance in the semblance of butter or cheese not the usual product of the dairy and not made exclusively of pure and unadulterated milk or cream, transported into any State or Territory or the District of Columbia, and remaining therein for use, consumption, sale, or storage therein, shall, upon the arrival within the limits of such State or Territory or the District of Columbia, be subject to the operation and effect of the laws of such State or Territory or the District of Columbia, enacted in the exercise of its police powers to the same extent and in the same manner as though such articles or substances had been produced in such State or Territory or the District of Columbia, and shall not be exempt therefrom by reason of being introduced therein in original packages or otherwise. (May 9, 1902, ch. 784, § 1, 32 Stat. 193.) CROSS REFERENCES Colored oleomargarine, intrastate sales of, see section 347 et seq. of this title. § 26. Inspection of food and other products by Department of Agriculture for any branch of Government. CODIFICATION Section, which was from the appropriation acts of Jan. 18, 1927, ch. 39, 44 Stat. 984; May 16, 1928, ch. 572, 45 Stat. 548; Feb. 16, 1929, ch. 227, 45 Stat. 1198; May 27, 1930, ch. 341, 46 Stat. 424, and subsequent Department of Agriculture Appropriation Acts to and including act June 28, 1944, ch. 296, § 4, 58 Stat. 461, is now covered by section 2256 of Title 7, Agriculture. 16, 1908, ch. 170, 35 Stat. 163; May 31, 1920, ch. 217, 41 Stat. 712; 1940 Reorg. Plan No. IV, § 12, eff. June 30, 1940, 5 F.R. 2421, 54 Stat. 1237; 1953 Reorg. Plan No. 1, § 5, eff. Apr. 11, 1953, 18 F.R. 2053, 67 Stat. 631; May 24, 1962, Pub. L. 87-456, title III, § 303 (a), 76 Stat. 77.) REFERENCES IN TEXT The Tariff Schedules of the United States, referred to in the text, are set out in section 1202 of Title 19, Customs Duties. AMENDMENTS 1962-Pub. L. 87-456 inserted words "except as provided in the Tariff Schedules of the United States" at the end of the first sentence, and deleted the second sentence which related to the importation under bond of tea inferior to standards, tea waste, tea siftings, or tea sweepings, for the sole purpose of manufacturing theine, caffeine, or other chemical products whereby the identity and character of the original material is entirely destroyed or changed. See Revised Tariff Schedules set out in section 1202 of Title 19, Customs Duties. EFFECTIVE DATE OF 1962 AMENDMENT Amendment of section by Pub. L. 87-456 effective with respect to articles entered, or withdrawn from warehouse, for consumption on or after Aug. 31, 1963, see section 501(a) of Pub. L. 87-456, set out as a note preceding section 1202 of Title 19, Customs Duties. SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 43, 45 of this title. § 42. Board of experts; appointment; term; vacancies; compensation. On or before February 15 of each year, the Secretary of Health, Education, and Welfare shall appoint a board, to consist of seven members, each of whom shall be an expert in teas, and who shall prepare and submit to him standard samples of tea. The persons so appointed shall be at all times subject to removal by the said Secretary, and shall serve for the term of one year. Vacancies in the said board occurring by removal, death, resignation, or any other cause shall be forthwith filled by the Secretary of Health, Education, and Welfare by appointment, such appointee to hold for the unexpired term. Said board shall appoint a presiding officer, who shall be the medium of all communications to or from such board. Each member of said board shall receive as compensation the sum of $50 per annum, which, together with all necessary expenses while engaged upon the duty herein provided, shall be paid by the Secretary. (Mar. 2, 1897, ch. 358, § 2, 29 Stat. 605; May 31, 1920, ch. 217, 41 Stat. 712; 1940 Reorg. Plan No. IV, § 12, eff. June 30, 1940, 5 F. R. 2421, 54 Stat. 1237; July 12, 1943, ch. 221, title II, § 201, 57 Stat. 500; 1953 Reorg. Plan No. 1, § 5, eff. Apr. 11, 1953, 18 F. R. 2053, 67 Stat. 631.) AMENDMENTS 1943-Act July 12, 1943, provided that the Administrator should pay the salaries and expenses of the Board members. TRANSFER OF FUNCTIONS All functions of the Federal Security Administrator were transferred to the Secretary of Health, Education, and Welfare and all agencies of the Federal Security Agency were transferred to the Department of Health, Education, and Welfare by section 5 of 1953 Reorg. Plan No. 1, set out in the Appendix to Title 5, Government Organization and Employees. The Federal Security Agency and the office of Administrator were abolished by section 8 of 1953 Reorg. Plan No. 1. The Food and Drug Administration in the Department of Agriculture and its functions, except those functions |