Laws: Cases and Codes : U.S. Code : Title 21


   

U.S. Code as of: 01/19/04
Chapter 9 - Notes
                        SUBCHAPTER I - SHORT TITLE                    
    Sec.                                                     
    301.        Short title.                                          
                        SUBCHAPTER II - DEFINITIONS                    
    321.        Definitions; generally.                               
    321a.       "Butter" defined.                                     
    321b.       "Package" defined.                                    
    321c.       Nonfat dry milk; "milk" defined.                      
    321d.       Market names for catfish and ginseng.                 
                  (a)  Catfish labeling.                              
                  (b)  Ginseng labeling.                              
              SUBCHAPTER III - PROHIBITED ACTS AND PENALTIES          
    331.        Prohibited acts.                                      
    332.        Injunction proceedings.                               
                  (a)  Jurisdiction of courts.                        
                  (b)  Violation of injunction.                       
    333.        Penalties.                                            
                  (a)  Violation of section 331 of this title; second
                        violation; intent to defraud or mislead.      
                  (b)  Prescription drug marketing violations.        
                  (c)  Exceptions in certain cases of good faith, etc.
                  (d)  Exceptions involving misbranded food.          
                  (e)  Prohibited distribution of human growth
                        hormone.                                      
                  (f)  Redesignated (g)                               
                  (g)  Violations related to devices.                 
    333a.       Repealed.                                             
    334.        Seizure.                                              
                  (a)  Grounds and jurisdiction.                      
                  (b)  Procedure; multiplicity of pending proceedings.
                  (c)  Availability of samples of seized goods prior
                        to trial.                                     
                  (d)  Disposition of goods after decree of
                        condemnation; claims for remission or
                        mitigation of forfeitures.                    
                  (e)  Costs.                                         
                  (f)  Removal of case for trial.                     
                  (g)  Administrative restraint; detention orders.    
                  (h)  Administrative detention of foods.             
    335.        Hearing before report of criminal violation.          
    335a.       Debarment, temporary denial of approval, and
                 suspension.                                          
                  (a)  Mandatory debarment; certain drug applications.
                  (b)  Permissive debarment; certain drug
                        applications; food imports.                   
                  (c)  Debarment period and considerations.           
                  (d)  Termination of debarment.                      
                  (e)  Publication and list of debarred persons.      
                  (f)  Temporary denial of approval.                  
                  (g)  Suspension authority.                          
                  (h)  Termination of suspension.                     
                  (i)  Procedure.                                     
                  (j)  Judicial review.                               
                  (k)  Certification.                                 
                  (l)  Applicability.                                 
                  (m)  Devices; mandatory debarment regarding
                        third-party inspections and reviews.          
    335b.       Civil penalties.                                      
                  (a)  In general.                                    
                  (b)  Procedure.                                     
                  (c)  Judicial review.                               
                  (d)  Recovery of penalties.                         
                  (e)  Informants.                                    
    335c.       Authority to withdraw approval of abbreviated drug
                 applications.                                        
                  (a)  In general.                                    
                  (b)  Procedure.                                     
                  (c)  Applicability.                                 
                  (d)  Judicial review.                               
    336.        Report of minor violations.                           
    337.        Proceedings in name of United States; provision as to
                 subpoenas.                                           
                           SUBCHAPTER IV - FOOD                       
    341.        Definitions and standards for food.                   
    342.        Adulterated food.                                     
                  (a)  Poisonous, insanitary, etc., ingredients.      
                  (b)  Absence, substitution, or addition of
                        constituents.                                 
                  (c)  Color additives.                               
                  (d)  Confectionery containing alcohol or
                        nonnutritive substance.                       
                  (e)  Oleomargarine containing filthy, putrid, etc.,
                        matter.                                       
                  (f)  Dietary supplement or ingredient: safety.      
                  (g)  Dietary supplement: manufacturing practices.   
                  (h)  Reoffer of food previously denied admission.   
    343.        Misbranded food.                                      
                  (a)  False or misleading label.                     
                  (b)  Offer for sale under another name.             
                  (c)  Imitation of another food.                     
                  (d)  Misleading container.                          
                  (e)  Package form.                                  
                  (f)  Prominence of information on label.            
                  (g)  Representation as to definition and standard of
                        identity.                                     
                  (h)  Representation as to standards of quality and
                        fill of container.                            
                  (i)  Label where no representation as to definition
                        and standard of identity.                     
                  (j)  Representation for special dietary use.        
                  (k)  Artificial flavoring, artificial coloring, or
                        chemical preservatives.                       
                  (l)  Pesticide chemicals on raw agricultural
                        commodities.                                  
                  (m)  Color additives.                               
                  (n)  Packaging or labeling of drugs in violation of
                        regulations.                                  
                  (o), 
                  (p)  Repealed.                                      
                  (q)  Nutrition information.                         
                  (r)  Nutrition levels and health-related claims.    
                  (s)  Dietary supplements.                           
                  (t)  Catfish.                                       
                  (u)  Ginseng.                                       
                  (v)  Failure to label; health threat.               
    343-1.      National uniform nutrition labeling.                  
    343-2.      Dietary supplement labeling exemptions.               
                  (a)  In general.                                    
                  (b)  Application.                                   
                  (c)  Burden of proof.                               
    343-3.      Disclosure.                                           
    343a.       Repealed.                                             
    344.        Emergency permit control.                             
                  (a)  Conditions on manufacturing, processing, etc.,
                        as health measure.                            
                  (b)  Violation of permit; suspension and
                        reinstatement.                                
                  (c)  Inspection of permit-holding establishments.   
    345.        Regulations making exemptions.                        
    346.        Tolerances for poisonous or deleterious substances in
                 food; regulations.                                   
    346a.       Tolerances and exemptions for pesticide chemical
                 residues.                                            
                  (a)  Requirement for tolerance or exemption.        
                  (b)  Authority and standard for tolerance.          
                  (c)  Authority and standard for exemptions.         
                  (d)  Petition for tolerance or exemption.           
                  (e)  Action on Administrator's own initiative.      
                  (f)  Special data requirements.                     
                  (g)  Effective date, objections, hearings, and
                        administrative review.                        
                  (h)  Judicial review.                               
                  (i)  Confidentiality and use of data.               
                  (j)  Status of previously issued regulations.       
                  (k)  Transitional provision.                        
                  (l)  Harmonization with action under other laws.    
                  (m)  Fees.                                          
                  (n)  National uniformity of tolerances.             
                  (o)  Consumer right to know.                        
                  (p)  Estrogenic substances screening program.       
                  (q)  Schedule for review.                           
                  (r)  Temporary tolerance or exemption.              
                  (s)  Savings clause.                                
    346b.       Authorization of appropriations.                      
    347.        Intrastate sales of colored oleomargarine.            
                  (a)  Law governing.                                 
                  (b)  Labeling and packaging requirements.           
                  (c)  Sales in public eating places.                 
                  (d)  Exemption from labeling requirements.          
                  (e)  Color content of oleomargarine.                
    347a.       Congressional declaration of policy regarding
                 oleomargarine sales.                                 
    347b.       Contravention of State laws.                          
    348.        Food additives.                                       
                  (a)  Unsafe food additives; exception for conformity
                        with exemption or regulation.                 
                  (b)  Petition for regulation prescribing conditions
                        of safe use; contents; description of
                        production methods and controls; samples;
                        notice of regulation.                         
                  (c)  Approval or denial of petition; time for
                        issuance of order; evaluation of data;
                        factors.                                      
                  (d)  Regulation issued on Secretary's initiative.   
                  (e)  Publication and effective date of orders.      
                  (f)  Objections and public hearing; basis and
                        contents of order; statement.                 
                  (g)  Judicial review.                               
                  (h)  Notification relating to food contact
                        substance.                                    
                  (i)  Amendment or repeal of regulations.            
                  (j)  Exemptions for investigational use.            
    349.        Bottled drinking water standards; publication in
                 Federal Register.                                    
    350.        Vitamins and minerals.                                
                  (a)  Authority and limitations of Secretary;
                        applicability.                                
                  (b)  Labeling and advertising requirements for
                        foods.                                        
                  (c)  Definitions.                                   
    350a.       Infant formulas.                                      
                  (a)  Adulteration.                                  
                  (b)  Requirements for quality factors, good
                        manufacturing practices, and retention of
                        records.                                      
                  (c)  Registration of persons distributing new infant
                        formula.                                      
                  (d)  Submission of information about new infant
                        formula required.                             
                  (e)  Additional notice requirements for
                        manufacturer.                                 
                  (f)  Procedures applicable to recalls by
                        manufacturer; regulatory oversight.           
                  (g)  Recordkeeping requirements for manufacturer;
                        regulatory oversight and enforcement.         
                  (h)  Exemptions; regulatory oversight.              
                  (i)  Nutrient requirements.                         
    350b.       New dietary ingredients.                              
                  (a)  In general.                                    
                  (b)  Petition.                                      
                  (c)  "New dietary ingredient" defined.              
    350c.       Maintenance and inspection of records.                
                  (a)  Records inspection.                            
                  (b)  Regulations concerning recordkeeping.          
                  (c)  Protection of sensitive information.           
                  (d)  Limitations.                                   
    350d.       Registration of food facilities.                      
                  (a)  Registration.                                  
                  (b)  Facility.                                      
                  (c)  Rule of construction.                          
                     SUBCHAPTER V - DRUGS AND DEVICES                 
                        PART A - DRUGS AND DEVICES                    
    351.        Adulterated drugs and devices.                        
                  (a)  Poisonous, insanitary, etc., ingredients;
                        adequate controls in manufacture.             
                  (b)  Strength, quality, or purity differing from
                        official compendium.                          
                  (c)  Misrepresentation of strength, etc., where drug
                        is unrecognized in compendium.                
                  (d)  Mixture with or substitution of another
                        substance.                                    
                  (e)  Devices not in conformity with performance
                        standards.                                    
                  (f)  Certain class III devices.                     
                  (g)  Banned devices.                                
                  (h)  Manufacture, packing, storage, or installation
                        of device not in conformity with applicable
                        requirements or conditions.                   
                  (i)  Failure to comply with requirements under which
                        device was exempted for investigational use.  
    352.        Misbranded drugs and devices.                         
                  (a)  False or misleading label.                     
                  (b)  Package form; contents of label.               
                  (c)  Prominence of information on label.            
                  (d)  Repealed.                                      
                  (e)  Designation of drugs or devices by established
                        names.                                        
                  (f)  Directions for use and warnings on label.      
                  (g)  Representations as recognized drug; packing and
                        labeling; inconsistent requirements for
                        designation of drug.                          
                  (h)  Deteriorative drugs; packing and labeling.     
                  (i)  Drug; misleading container; imitation; offer
                        for sale under another name.                  
                  (j)  Health-endangering when used as prescribed.    
                  (k), (l) Repealed.                                  
                  (m)  Color additives; packing and labeling.         
                  (n)  Prescription drug advertisements: established
                        name; quantitative formula; side effects,
                        contraindications, and effectiveness; prior
                        approval; false advertising; labeling;
                        construction of the Convention on Psychotropic
                        Substances.                                   
                  (o)  Drugs or devices from nonregistered
                        establishments.                               
                  (p)  Packaging or labeling of drugs in violation of
                        regulations.                                  
                  (q)  Restricted devices using false or misleading
                        advertising or used in violation of
                        regulations.                                  
                  (r)  Restricted devices not carrying requisite
                        accompanying statements in advertisements and
                        other descriptive printed matter.             
                  (s)  Devices subject to performance standards not
                        bearing requisite labeling.                   
                  (t)  Devices for which there has been a failure or
                        refusal to give required notification or to
                        furnish required material or information.     
                  (u)  Identification of manufacturer.                
                  (v)  Reprocessed single-use devices.                
    353.        Exemptions and consideration for certain drugs,
                 devices, and biological products.                    
                  (a)  Regulations for goods to be processed, labeled,
                        or repacked elsewhere.                        
                  (b)  Prescription by physician; exemption from
                        labeling and prescription requirements;
                        misbranded drugs; compliance with narcotic and
                        marihuana laws.                               
                  (c)  Sales restrictions.                            
                  (d)  Distribution of drug samples.                  
                  (e)  Wholesale distributors; guidelines for
                        licensing; definitions.                       
                  (f)  Veterinary prescription drugs.                 
                  (g)  Regulation of combination products.            
    353a.       Pharmacy compounding.                                 
                  (a)  In general.                                    
                  (b)  Compounded drug.                               
                  (c)  Advertising and promotion.                     
                  (d)  Regulations.                                   
                  (e)  Application.                                   
                  (f)  "Compounding" defined.                         
    354.        Veterinary feed directive drugs.                      
                  (a)  Lawful veterinary feed directive requirement.  
                  (b)  Labeling and advertising.                      
                  (c)  Nonprescription status.                        
    355.        New drugs.                                            
                  (a)  Necessity of effective approval of application.
                  (b)  Filing application; contents.                  
                  (c)  Period for approval of application; period for,
                        notice, and expedition of hearing; period for
                        issuance of order.                            
                  (d)  Grounds for refusing application; approval of
                        application; "substantial evidence" defined.  
                  (e)  Withdrawal of approval; grounds; immediate
                        suspension upon finding imminent hazard to
                        public health.                                
                  (f)  Revocation of order refusing, withdrawing or
                        suspending approval of application.           
                  (g)  Service of orders.                             
                  (h)  Appeal from order.                             
                  (i)  Exemptions of drugs for research; discretionary
                        and mandatory conditions; direct reports to
                        Secretary.                                    
                  (j)  Abbreviated new drug applications.             
                  (k)  Records and reports; required information;
                        regulations and orders; access to records.    
                  (l)  Public disclosure of safety and effectiveness
                        data.                                         
                  (m)  "Patent" defined.                              
                  (n)  Scientific advisory panels.                    
    355a.       Pediatric studies of drugs.                           
                  (a)  Definitions.                                   
                  (b)  Market exclusivity for new drugs.              
                  (c)  Market exclusivity for already-marketed drugs. 
                  (d)  Conduct of pediatric studies.                  
                  (e)  Delay of effective date for certain
                        application.                                  
                  (f)  Notice of determinations on studies
                        requirement.                                  
                  (g)  Limitations.                                   
                  (h)  Relationship to pediatric research
                        requirements.                                 
                  (i)  Labeling supplements.                          
                  (j)  Dissemination of pediatric information.        
                  (k)  Clarification of interaction of market
                        exclusivity under this section and market
                        exclusivity awarded to an applicant for
                        approval of a drug under section 355(j) of
                        this title.                                   
                  (l)  Prompt approval of drugs under section 355(j)
                        of this title when pediatric information is
                        added to labeling.                            
                  (m)  Report.                                        
                  (n)  Sunset.                                        
    355b.       Adverse-event reporting.                              
                  (a)  Toll-free number in labeling.                  
                  (b)  Drugs with pediatric market exclusivity.       
    355c.       Research into pediatric uses for drugs and biological
                 products.                                            
                  (a)  New drugs and biological products.             
                  (b)  Marketed drugs and biological products.        
                  (c)  Meaningful therapeutic benefit.                
                  (d)  Submission of assessments.                     
                  (e)  Meetings.                                      
                  (f)  Scope of authority.                            
                  (g)  Orphan drugs.                                  
                  (h)  Integration with other pediatric studies.      
    356.        Fast track products.                                  
                  (a)  Designation of drug as fast track product.     
                  (b)  Approval of application for fast track product.
                  (c)  Review of incomplete applications for approval
                        of fast track product.                        
                  (d)  Awareness efforts.                             
    356-1.      Accelerated approval of priority countermeasures.     
                  (a)  In general.                                    
                  (b)  Use of animal trials.                          
                  (c)  Priority review of drugs and biological
                        products.                                     
                  (d)  Definitions.                                   
    356a.       Manufacturing changes.                                
                  (a)  In general.                                    
                  (b)  Validation of effects of changes.              
                  (c)  Major manufacturing changes.                   
                  (d)  Other manufacturing changes.                   
    356b.       Reports of postmarketing studies.                     
                  (a)  Submission.                                    
                  (b)  Consideration of information as public
                        information.                                  
                  (c)  Status of studies and reports.                 
                  (d)  Disclosure.                                    
                  (e)  Notification.                                  
    356c.       Discontinuance of life saving product.                
                  (a)  In general.                                    
                  (b)  Reduction in notification period.              
                  (c)  Distribution.                                  
    357.        Repealed.                                             
    358.        Authority to designate official names.                
                  (a)  Necessity or desirability; use in official
                        compendiums; infringement of trademarks.      
                  (b)  Review of names in official compendiums.       
                  (c)  Determinations of complexity, usefulness,
                        multiplicity, or lack of name; designation by
                        Secretary.                                    
                  (d)  Revised official names; compilation,
                        publication, and public distribution of
                        listings.                                     
                  (e)  Request by compiler of official compendium for
                        designation of name.                          
    359.        Nonapplicability of subchapter to cosmetics.          
    360.        Registration of producers of drugs or devices.        
                  (a)  Definitions.                                   
                  (b)  Annual registration.                           
                  (c)  New producers.                                 
                  (d)  Additional establishments.                     
                  (e)  Registration number; uniform system for
                        identification of devices intended for human
                        use.                                          
                  (f)  Availability of registrations for inspection.  
                  (g)  Exclusions from application of section.        
                  (h)  Inspection of premises.                        
                  (i)  Registration of foreign establishments.        
                  (j)  Filing of lists of drugs and devices
                        manufactured, prepared, propagated and
                        compounded by registrants; statements;
                        accompanying disclosures.                     
                  (k)  Report preceding introduction of devices into
                        interstate commerce.                          
                  (l)  Exemption from reporting requirements.         
                  (m)  List of exempt class II devices; determination
                        by Secretary; publication in Federal Register.
                  (n)  Review of report; time for determination by
                        Secretary.                                    
                  (o)  Reprocessed single-use devices.                
                  (p)  Electronic registration.                       
    360a.       Repealed.                                             
    360b.       New animal drugs.                                     
                  (a)  Unsafe new animal drugs and animal feed
                        containing such drugs; conditions of safety;
                        exemption of drugs for research; import
                        tolerances.                                   
                  (b)  Filing application for uses of new animal drug;
                        contents; patent information; abbreviated
                        application; presubmission conference.        
                  (c)  Period for submission and approval of
                        application; period for notice and expedition
                        of hearing; period for issuance of order;
                        abbreviated applications; withdrawal periods;
                        effective date of approval; relationship to
                        other applications; withdrawal or suspension
                        of approval; bioequivalence; filing of
                        additional patent information.                
                  (d)  Grounds for refusing application; approval of
                        application; factors; "substantial evidence"
                        defined; combination drugs.                   
                  (e)  Withdrawal of approval; grounds; immediate
                        suspension upon finding imminent hazard to
                        health of man or animals.                     
                  (f)  Revocation of order refusing, withdrawing or
                        suspending approval of application.           
                  (g)  Service of orders.                             
                  (h)  Appeal from order.                             
                  (i)  Publication in Federal Register; effective date
                        and revocation or suspension of regulation.   
                  (j)  Exemption of drugs for research; discretionary
                        and mandatory conditions.                     
                  (k)  Food containing new animal drug considered
                        unadulterated while approval of application
                        for such drug is effective.                   
                  (l)  Records and reports; required information;
                        regulations and orders; examination of data;
                        access to records.                            
                  (m)  Feed mill licenses.                            
                  (n)  Abbreviated applications for new animal drugs;
                        contents, filing, etc.; lists of approved
                        drugs.                                        
                  (o)  "Patent" defined.                              
                  (p)  Safety and effectiveness data.                 
    360c.       Classification of devices intended for human use.     
                  (a)  Classes of devices.                            
                  (b)  Classification panels.                         
                  (c)  Classification panel organization and
                        operation.                                    
                  (d)  Panel recommendation; publication; priorities. 
                  (e)  Classification changes.                        
                  (f)  Initial classification and reclassification of
                        certain devices.                              
                  (g)  Information.                                   
                  (h)  Definitions.                                   
                  (i)  Substantial equivalence.                       
    360d.       Performance standards.                                
                  (a)  Reasonable assurance of safe and effective
                        performance; periodic evaluation.             
                  (b)  Establishment of a standard.                   
                  (c)  Recognition of standard.                       
    360e.       Premarket approval.                                   
                  (a)  General requirement.                           
                  (b)  Regulation to require premarket approval.      
                  (c)  Application for premarket approval.            
                  (d)  Action on application for premarket approval.  
                  (e)  Withdrawal and temporary suspension of approval
                        of application.                               
                  (f)  Product development protocol.                  
                  (g)  Review.                                        
                  (h)  Service of orders.                             
                  (i)  Revision.                                      
    360f.       Banned devices.                                       
                  (a)  General rule.                                  
                  (b)  Special effective date.                        
    360g.       Judicial review.                                      
                  (a)  Petition; record.                              
                  (b)  Additional data, views, and arguments.         
                  (c)  Standard for review.                           
                  (d)  Finality of judgments.                         
                  (e)  Remedies.                                      
                  (f)  Statement of reasons.                          
    360h.       Notification and other remedies.                      
                  (a)  Notification.                                  
                  (b)  Repair, replacement, or refund.                
                  (c)  Reimbursement.                                 
                  (d)  Effect on other liability.                     
                  (e)  Recall authority.                              
    360i.       Records and reports on devices.                       
                  (a)  General rule.                                  
                  (b)  User reports.                                  
                  (c)  Persons exempt.                                
                  (d)  Repealed.                                      
                  (e)  Device tracking.                               
                  (f)  Reports of removals and corrections.           
    360j.       General provisions respecting control of devices
                 intended for human use.                              
                  (a)  General rule.                                  
                  (b)  Custom devices.                                
                  (c)  Trade secrets.                                 
                  (d)  Notices and findings.                          
                  (e)  Restricted devices.                            
                  (f)  Good manufacturing practice requirements.      
                  (g)  Exemption for devices for investigational use. 
                  (h)  Release of information respecting safety and
                        effectiveness.                                
                  (i)  Proceedings of advisory panels and committees. 
                  (j)  Traceability.                                  
                  (k)  Research and development.                      
                  (l)  Transitional provisions for devices considered
                        as new drugs.                                 
                  (m)  Humanitarian device exemption.                 
    360k.       State and local requirements respecting devices.      
                  (a)  General rule.                                  
                  (b)  Exempt requirements.                           
    360l.       Postmarket surveillance.                              
                  (a)  In general.                                    
                  (b)  Surveillance approval.                         
    360m.       Accredited persons.                                   
                  (a)  In general.                                    
                  (b)  Accreditation.                                 
                  (c)  Duration.                                      
                  (d)  Report.                                        
              PART B - DRUGS FOR RARE DISEASES OR CONDITIONS          
    360aa.      Recommendations for investigations of drugs for rare
                 diseases or conditions.                              
                  (a)  Request by sponsor; response by Secretary.     
                  (b)  Regulations.                                   
    360bb.      Designation of drugs for rare diseases or conditions. 
                  (a)  Request by sponsor; preconditions; "rare
                        disease or condition" defined.                
                  (b)  Notification of discontinuance of drug or
                        application as condition.                     
                  (c)  Notice to public.                              
                  (d)  Regulations.                                   
    360cc.      Protection for drugs for rare diseases or conditions. 
                  (a)  Exclusive approval, certification, or license. 
                  (b)  Exceptions.                                    
    360dd.      Open protocols for investigations of drugs for rare
                 diseases or conditions.                              
    360ee.      Grants and contracts for development of drugs for rare
                 diseases and conditions.                             
                  (a)  Authority of Secretary.                        
                  (b)  Definitions.                                   
                  (c)  Authorization of appropriations.               
               PART C - ELECTRONIC PRODUCT RADIATION CONTROL           
    360hh.      Definitions.                                          
    360ii.      Program of control.                                   
                  (a)  Establishment.                                 
                  (b)  Powers of Secretary.                           
                  (c)  Record keeping.                                
    360jj.      Studies by the Secretary.                             
                  (a)  Report to Congress.                            
                  (b)  Participation of other Federal agencies.       
                  (c)  Organization of studies and participation.     
    360kk.      Performance standards for electronic products.        
                  (a)  Promulgation of regulations.                   
                  (b)  Administrative procedure.                      
                  (c)  Publication in Federal Register.               
                  (d)  Judicial review.                               
                  (e)  Availability of record.                        
                  (f)  Technical Electronic Product Radiation Safety
                        Standards Committee.                          
                  (g)  Review and evaluation.                         
                  (h)  Product certification.                         
    360ll.      Notification of defects in and repair or replacement
                 of electronic products.                              
                  (a)  Notification; exemption.                       
                  (b)  Method of notification.                        
                  (c)  Requisite elements of notification.            
                  (d)  Copies to Secretary of communications by
                        manufacturers to dealers or distributors
                        regarding defects.                            
                  (e)  Notice from Secretary to manufacturer of
                        defects or failure to comply with standards.  
                  (f)  Correction of defects.                         
                  (g)  Effective date.                                
    360mm.      Imports.                                              
                  (a)  Refusal of admission to noncomplying electronic
                        products.                                     
                  (b)  Bond.                                          
                  (c)  Liability of owner or consignee for expenses
                        connected with refusal of admission.          
                  (d)  Designation of agent for purposes of service.  
    360nn.      Inspection, records, and reports.                     
                  (a)  Inspection of premises.                        
                  (b)  Record keeping.                                
                  (c)  Disclosure of technical data.                  
                  (d)  Public nature of reports.                      
                  (e)  Trade secrets.                                 
                  (f)  Information required to identify and locate
                        first purchasers of electronic products.      
    360oo.      Prohibited acts.                                      
    360pp.      Enforcement.                                          
                  (a)  Jurisdiction of courts.                        
                  (b)  Penalties.                                     
                  (c)  Venue; process.                                
                  (d)  Warnings.                                      
                  (e)  Compliance with regulations.                   
                  (f)  Additional remedies.                           
    360qq.      Repealed.                                             
    360rr.      Federal-State cooperation.                            
    360ss.      State standards.                                      
              PART D - DISSEMINATION OF TREATMENT INFORMATION          
    360aaa.     Requirements for dissemination of treatment
                 information on drugs or devices.                     
                  (a)  In general.                                    
                  (b)  Specific requirements.                         
                  (c)  Additional information.                        
    360aaa-1.   Information authorized to be disseminated.            
                  (a)  Authorized information.                        
                  (b)  Reference publication.                         
    360aaa-2.   Establishment of list of articles and publications
                 disseminated and list of providers that received
                 articles and reference publications.                 
                  (a)  In general.                                    
                  (b)  Records.                                       
    360aaa-3.   Requirement regarding submission of supplemental
                 application for new use; exemption from requirement. 
                  (a)  In general.                                    
                  (b)  Certification on supplemental application;
                        condition in case of completed studies.       
                  (c)  Certification on supplemental application;
                        condition in case of planned studies.
                  (d)  Exemption from requirement of supplemental
                        application.                                  
                  (e)  Requirements regarding applications.           
    360aaa-4.   Corrective actions; cessation of dissemination.       
                  (a)  Postdissemination data regarding safety and
                        effectiveness.                                
                  (b)  Cessation of dissemination.                    
                  (c)  Corrective actions by manufacturers.           
    360aaa-5.   Definitions.                                          
    360aaa-6.   Rules of construction.                                
                  (a)  Unsolicited request.                           
                  (b)  Dissemination of information on drugs or
                        devices not evidence of intended use.         
                  (c)  Patent protection.                             
                  (d)  Authorization for dissemination of articles and
                        fees for reprints of articles.                
         PART E - GENERAL PROVISIONS RELATING TO DRUGS AND DEVICES     
    360bbb.     Expanded access to unapproved therapies and
                 diagnostics.                                         
                  (a)  Emergency situations.                          
                  (b)  Individual patient access to investigational
                        products intended for serious diseases.       
                  (c)  Treatment investigational new drug applications
                        and treatment investigational device
                        exemptions.                                   
                  (d)  Termination.                                   
                  (e)  Definitions.                                   
    360bbb-1.   Dispute resolution.                                   
    360bbb-2.   Classification of products.                           
                  (a)  Request.                                       
                  (b)  Statement.                                     
                  (c)  Inaction of Secretary.                         
    360bbb-3.   Authorization for medical products for use in
                 emergencies.                                         
                  (a)  In general.                                    
                  (b)  Declaration of emergency.                      
                  (c)  Criteria for issuance of authorization.        
                  (d)  Scope of authorization.                        
                  (e)  Conditions of authorization.                   
                  (f)  Duration of authorization.                     
                  (g)  Revocation of authorization.                   
                  (h)  Publication; confidential information.         
                  (i)  Actions committed to agency discretion.        
                  (j)  Rules of construction.                         
                  (k)  Relation to other provisions.                  
                  (l)  Option to carry out authorized activities.     
                         SUBCHAPTER VI - COSMETICS                     
    361.        Adulterated cosmetics.                                
    362.        Misbranded cosmetics.                                 
    363.        Regulations making exemptions.                        
    364.        Repealed.                                             
                    SUBCHAPTER VII - GENERAL AUTHORITY                
                PART A - GENERAL ADMINISTRATIVE PROVISIONS            
    371.        Regulations and hearings.                             
                  (a)  Authority to promulgate regulations.           
                  (b)  Regulations for imports and exports.           
                  (c)  Conduct of hearings.                           
                  (d)  Effectiveness of definitions and standards of
                        identity.                                     
                  (e)  Procedure for establishment.                   
                  (f)  Review of order.                               
                  (g)  Copies of records of hearings.                 
                  (h)  Guidance documents.                            
    372.        Examinations and investigations.                      
                  (a)  Authority to conduct.                          
                  (b)  Availability to owner of part of analysis
                        samples.                                      
                  (c)  Records of other departments and agencies.     
                  (d)  Information on patents for drugs.              
                  (e)  Powers of enforcement personnel.               
    372a.       Transferred.                                          
    373.        Records of interstate shipment.                       
    374.        Inspection.                                           
                  (a)  Right of agents to enter; scope of inspection;
                        notice; promptness; exclusions.               
                  (b)  Written report to owner; copy to Secretary.    
                  (c)  Receipt for samples taken.                     
                  (d)  Analysis of samples furnished owner.           
                  (e)  Accessibility of records.                      
                  (f)  Recordkeeping.                                 
                  (g)  Inspections by accredited persons.             
    375.        Publicity.                                            
                  (a)  Reports.                                       
                  (b)  Information regarding certain goods.           
    376.        Examination of sea food on request of packer; marking
                 food with results; fees; penalties.                  
    377.        Revision of United States Pharmacopoeia; development
                 of analysis and mechanical and physical tests.       
    378.        Advertising of foods.                                 
                  (a)  Determination of misbranding; notification of
                        Federal Trade Commission by Secretary;
                        contents.                                     
                  (b)  Action by Federal Trade Commission precluding
                        action by Secretary; exception.               
                  (c)  Secretary's determination of imminent hazard to
                        health as suspending applicability of
                        provisions.                                   
                  (d)  Coordination of action by Secretary with
                        Federal Trade Commission.                     
    379.        Confidential information.                             
    379a.       Presumption of existence of jurisdiction.             
    379b.       Consolidated administrative and laboratory facility.  
                  (a)  Authority.                                     
                  (b)  Awarding of contract.                          
                  (c)  Donations.                                     
                  (d)  Authorization of appropriations.               
    379c.       Transferred.                                          
    379d.       Automation of Food and Drug Administration.           
                  (a)  In general.                                    
                  (b)  Authorization of appropriations.               
                              PART B - COLORS                          
    379e.       Listing and certification of color additives for
                 foods, drugs, devices, and cosmetics.                
                  (a)  Unsafe color additives.                        
                  (b)  Listing of colors; regulations; issuance,
                        amendment or repeal; referral to advisory
                        committee; report and recommendations;
                        appointment and compensation of advisory
                        committee.                                    
                  (c)  Certification of colors.                       
                  (d)  Procedure for issuance, amendment, or repeal of
                        regulations.                                  
                  (e)  Fees.                                          
                  (f)  Exemptions.                                    
                               PART C - FEES                           
                  SUBPART 1 - FREEDOM OF INFORMATION FEES              
    379f.       Recovery and retention of fees for freedom of
                 information requests.                                
                  (a)  In general.                                    
                  (b)  Use of fees.                                   
                  (c)  Waiver of fees.                                
                    SUBPART 2 - FEES RELATING TO DRUGS                
    379g.       Definitions.                                          
    379h.       Authority to assess and use drug fees.                
                  (a)  Types of fees.                                 
                  (b)  Fee revenue amounts.                           
                  (c)  Adjustments.                                   
                  (d)  Fee waiver or reduction.                       
                  (e)  Effect of failure to pay fees.                 
                  (f)  Limitations.                                   
                  (g)  Crediting and availability of fees.            
                  (h)  Collection of unpaid fees.                     
                  (i)  Written requests for waivers, reductions, and
                        refunds.                                      
                  (j)  Construction.                                  
                   SUBPART 3 - FEES RELATING TO DEVICES               
    379i.       Definitions.                                          
    379j.       Authority to assess and use device fees.              
                  (a)  Types of fees.                                 
                  (b)  Fee revenue amounts.                           
                  (c)  Adjustments.                                   
                  (d)  Small businesses; fee waiver and fee reduction
                        regarding premarket approval fees.            
                  (e)  Small businesses; fee reduction regarding
                        premarket notification submissions.           
                  (f)  Effect of failure to pay fees.                 
                  (g)  Conditions.                                    
                  (h)  Crediting and availability of fees.            
                  (i)  Collection of unpaid fees.                     
                  (j)  Written requests for refunds.                  
                  (k)  Construction.                                  
                 SUBPART 4 - FEES RELATING TO ANIMAL DRUGS             
    379j-11.    Definitions.                                          
    379j-12.    Authority to assess and use animal drug fees.         
                  (a)  Types of fees.                                 
                  (b)  Fee amounts.                                   
                  (c)  Adjustments.                                   
                  (d)  Fee waiver or reduction.                       
                  (e)  Effect of failure to pay fees.                 
                  (f)  Assessment of fees.                            
                  (g)  Crediting and availability of fees.            
                  (h)  Collection of unpaid fees.                     
                  (i)  Written requests for waivers, reductions, and
                        refunds.                                      
                  (j)  Construction.                                  
                  (k)  Abbreviated new animal drug applications.      
                    PART D - INFORMATION AND EDUCATION                
    379k.       Information system.                                   
    379l.       Education.                                            
                  (a)  In general.                                    
                  (b)  Intramural fellowships and other training
                        programs.                                     
                   PART E - ENVIRONMENTAL IMPACT REVIEW               
    379o.       Environmental impact.                                 
        PART F - NATIONAL UNIFORMITY FOR NONPRESCRIPTION DRUGS AND
             PREEMPTION FOR LABELING OR PACKAGING OF COSMETICS
    379r.       National uniformity for nonprescription drugs.        
                  (a)  In general.                                    
                  (b)  Exemption.                                     
                  (c)  Scope.                                         
                  (d)  Exceptions.                                    
                  (e)  No effort on product liability law.            
                  (f)  State enforcement authority.                   
    379s.       Preemption for labeling or packaging of cosmetics.    
                  (a)  In general.                                    
                  (b)  Exemption.                                     
                  (c)  Scope.                                         
                  (d)  No effect on product liability law.            
                  (e)  State initiative.                              
                          PART G - SAFETY REPORTS                      
    379v.       Safety report disclaimers.                            
                   SUBCHAPTER VIII - IMPORTS AND EXPORTS               
    381.        Imports and exports.                                  
                  (a)  Imports; list of registered foreign
                        establishments; samples from unregistered
                        foreign establishments; examination and
                        refusal of admission.                         
                  (b)  Disposition of refused articles.               
                  (c)  Charges concerning refused articles.           
                  (d)  Reimportation.                                 
                  (e)  Exports.                                       
                  (f)  Labeling of exported drugs.                    
                  (g)  Warning notice of importation in violation of
                        chapter.                                      
                  (h)  Protection against adulteration of food.       
                  (i)  Testing for rapid detection of adulteration of
                        food.                                         
                  (j)  Temporary holds at ports of entry.             
                  (k)  Importation by debarred persons.               
                  (l)  Failure to register.                           
                  (m)  Prior notice of imported food shipments.       
                  (n)  Labeling of food refused admission.            
                  (o)  Registration statement.                        
    382.        Exports of certain unapproved products.               
                  (a)  Drugs or devices intended for human or animal
                        use which require approval or licensing.      
                  (b)  List of eligible countries for export; criteria
                        for addition to list; direct export; petition
                        for exemption.                                
                  (c)  Investigational use exemption.                 
                  (d)  Anticipation of market authorization.          
                  (e)  Diagnosis, prevention, or treatment of tropical
                        disease.                                      
                  (f)  Prohibition of export of drug or device.       
                  (g)  Notification of Secretary.                     
                  (h)  References to Secretary and term "drug".       
                  (i)  Exportation.                                   
    383.        Office of International Relations.                    
                  (a)  Establishment.                                 
                  (b)  Agreements with foreign countries.             
                  (c)  Harmonizing regulatory requirements.           
    384.        Importation of prescription drugs.                    
                  (a)  Definitions.                                   
                  (b)  Regulations.                                   
                  (c)  Limitation.                                    
                  (d)  Information and records.                       
                  (e)  Testing.                                       
                  (f)  Registration of foreign sellers.               
                  (g)  Suspension of importation.                     
                  (h)  Approved labeling.                             
                  (i)  Charitable contributions.                      
                  (j)  Waiver authority for importation by
                        individuals.                                  
                  (k)  Construction.                                  
                  (l)  Effectiveness of section.                      
                  (m)  Authorization of appropriations.               
                       SUBCHAPTER IX - MISCELLANEOUS                   
    391.        Separability clause.                                  
    392.        Exemption of meats and meat food products.            
                  (a)  Law determinative of exemption.                
                  (b)  Laws unaffected.                               
    393.        Food and Drug Administration.                         
                  (a)  In general.                                    
                  (b)  Mission.                                       
                  (c)  Interagency collaboration.                     
                  (d)  Commissioner.                                  
                  (e)  Technical and scientific review groups.        
                  (f)  Agency plan for statutory compliance.          
                  (g)  Annual report.                                 
    393a.       Office of Pediatric Therapeutics.                     
                  (a)  Establishment.                                 
                  (b)  Duties.                                        
                  (c)  Staff.                                         
    394.        Scientific review groups.                             
    395.        Loan repayment program.                               
                  (a)  In general.                                    
                  (b)  Applicability of certain provisions.           
                  (c)  Authorization of appropriations.               
    396.        Practice of medicine.                                 
    397.        Contracts for expert review.                          
                  (a)  In general.                                    
                  (b)  Review of expert review.                       
    398.        Notices to States regarding imported food.            
                  (a)  In general.                                    
                  (b)  Rule of construction.                          
    399.        Grants to States for inspections.                     
                  (a)  In general.                                    
                  (b)  Notices regarding adulterated imported food.   
                  (c)  Authorization of appropriations.               
-SECREF-
                   CHAPTER REFERRED TO IN OTHER SECTIONS               
      This chapter is referred to in sections 321d, 355b, 453, 457,
    466, 467, 467f, 601, 607, 620, 679, 802, 811, 823, 829, 830, 902,
    1033, 1049, 1052, 1401, 1402, 1403, 1601 of this title; title 7
    sections 136a-1, 136v, 138i, 1431c, 5341, 6519, 7653, 8401; title
    15 sections 70j, 1261, 1263, 1277, 1459, 1460, 2057a, 2057b, 2079;
    title 18 sections 42, 983; title 19 section 2578a; title 26
    sections 170, 4817; title 35 sections 155, 156, 271, 287; title 42
    sections 238q, 262, 262a, 284m, 299b-7, 300aa-22, 300aa-23,
    1395w-3, 1395w-3b, 1396r-8, 1786, 3512, 7671.
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