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United States • Title 21 USC • Part 3

Part 3FILLED MILK

Chapter 3 defines 'filled milk' and prohibits its manufacture, shipment, or delivery in interstate or foreign commerce, deeming it adulterated and injurious to public health. Penalties include fines and imprisonment. The Secretary of Health and Human Services is authorized to enforce regulations.

What this part covers

  • Defines 'filled milk' as milk, cream, or skimmed milk with added non-milk fat or oil, resembling milk products, with specific exceptions for proprietary infant foods.
  • Prohibits the manufacture, shipment, or delivery of filled milk in interstate or foreign commerce.
  • Declares filled milk an adulterated article of food, injurious to public health, and its sale a fraud.
  • Establishes penalties for violations: up to $1,000 fine or one year imprisonment, or both.
  • Holds individuals and entities responsible for acts of their agents within the scope of employment.
  • Authorizes the Secretary of Health and Human Services to create and enforce necessary regulations.

Sections in Part 3

§ 61

Definitions

U.S.C. Title 21 - FOOD AND DRUGS 21 U.S.C. United States Code, 2023 Edition Title 21 - FOOD AND DRUGS CHAPTER 3 - FILLED MILK Sec. 61 - Definitions From the U.S. Government Publishing Office, www.gpo.gov §61. Definitions Whenever used in this chapter— (a) The term "person" includes an individual, partnership, corporation, or association; (b) The term "interstate or foreign commerce" means commerce (1) between any State, Territory, or possession, or the District of Columbia, and any place outside thereof; (2) between points within the same State, Territory, or possession, or within the District of Columbia, but through any place outside thereof; or (3) within any Territory or possession, or within the District of Columbia; and (c) The term "filled milk" means any milk, cream, or skimmed milk, whether or not condensed, evaporated, concentrated, powdered, dried, or desiccated, to which has been added, or which has been blended or compounded with, any fat or oil other than milk fat, so that the resulting product is in imitation or semblance of milk, cream, or skimmed milk, whether or not condensed, evaporated, concentrated, powdered, dried, or desiccated. This definition…

§ 62

Manufacture, shipment, or delivery for shipment in interstate or foreign commerce prohibited

U.S.C. Title 21 - FOOD AND DRUGS 21 U.S.C. United States Code, 2023 Edition Title 21 - FOOD AND DRUGS CHAPTER 3 - FILLED MILK Sec. 62 - Manufacture, shipment, or delivery for shipment in interstate or foreign commerce prohibited From the U.S. Government Publishing Office, www.gpo.gov §62. Manufacture, shipment, or delivery for shipment in interstate or foreign commerce prohibited It is declared that filled milk, as defined in section 61 of this title, is an adulterated article of food, injurious to the public health, and its sale constitutes a fraud upon the public. It shall be unlawful for any person to manufacture within any Territory or possession, or within the District of Columbia, or to ship or deliver for shipment in interstate or foreign commerce, any filled milk. (Mar. 4, 1923, ch. 262, §2, 42 Stat. 1487.)

§ 63

Penalties; acts of agents deemed acts of principals

U.S.C. Title 21 - FOOD AND DRUGS 21 U.S.C. United States Code, 2023 Edition Title 21 - FOOD AND DRUGS CHAPTER 3 - FILLED MILK Sec. 63 - Penalties; acts of agents deemed acts of principals From the U.S. Government Publishing Office, www.gpo.gov §63. Penalties; acts of agents deemed acts of principals Any person violating any provision of this chapter shall upon conviction thereof be subject to a fine of not more than $1,000 or imprisonment of not more than one year, or both. When construing and enforcing the provisions of this chapter, the act, omission, or failure of any person acting for or employed by any individual, partnership, corporation, or association, within the scope of his employment or office, shall in every case be deemed the act, omission, or failure, of such individual, partnership, corporation, or association, as well as of such person. (Mar. 4, 1923, ch. 262, §3, 42 Stat. 1487.) Editorial Notes Codification The original text of this section contained a further provision that no penalty should be enforced for any violation occurring within 30 days after act Mar. 4, 1923 became law and was omitted as temporary and obsolete.

§ 64

Regulations for enforcement

U.S.C. Title 21 - FOOD AND DRUGS 21 U.S.C. United States Code, 2023 Edition Title 21 - FOOD AND DRUGS CHAPTER 3 - FILLED MILK Sec. 64 - Regulations for enforcement From the U.S. Government Publishing Office, www.gpo.gov §64. Regulations for enforcement The Secretary of Health and Human Services is authorized and directed to make and enforce such regulations as may in his judgment be necessary to carry out the purposes of this chapter. (Mar. 4, 1923, ch. 262, §4, as added Aug. 27, 1935, ch. 743, 49 Stat. 885; 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; Pub. L. 96–88, title V, §509(b), Oct. 17, 1979, 93 Stat. 695.) Statutory Notes and Related Subsidiaries Change of Name "Secretary of Health and Human Services" substituted in text for "Secretary of Health, Education, and Welfare" pursuant to section 509(b) of Pub. L. 96–88, which is classified to section 3508(b) of Title 20, Education. Executive Documents Transfer of Functions For transfer of functions of Federal Security Administrator to Secretary of Health, Education, and Welfare [now…

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