Laws: Cases and Codes : U.S. Code : Title 21 : Section 301
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U.S. Code as of:
01/19/04
Section 301 - Notes
SOURCE
(June 25, 1938, ch. 675, Sec. 1, 52 Stat. 1040.)
EFFECTIVE DATE; POSTPONEMENT IN CERTAIN CASES
Act June 23, 1939, ch. 242, Secs. 1, 2, 53 Stat. 853, 854,
provided that:
"[Sec. 1] (a) The effective date of the following provisions of
the Federal Food, Drug, and Cosmetic Act is hereby postponed until
January 1, 1940: Sections 402(c) [342(c) of this title]; 403(e)(1)
[343(e)(1) of this title]; 403(g), (h), (i), (j), and (k) [343(g)
to (k) of this title]; 501(a), (4) [351(a)(4) of this title];
502(b), (d), (e), (f), (g), and (h) [352(b), (d) to (h) of this
title]; 601(e) [361(e) of this title]; and 602(b) [362(b) of this
title].
"(b) The Secretary of Agriculture shall promulgate regulations
further postponing to July 1, 1940 the effective date of the
provisions of sections 403(e)(1) [343(e)(1) of this title]; 403(g),
(h), (i), (j), and (k) [343(g) to (k)]; 502(b), (d), (e), (f), (g),
and (h) [352(b), (d) to (h) of this title]; and 602(b) [362(b) of
this title] of such Act with respect to lithographed labeling which
was manufactured prior to February 1, 1939, and to containers
bearing labeling which, prior to February 1, 1939, was
lithographed, etched, stamped, pressed, printed, fused or blown on
or in such containers, where compliance with such provisions would
be unduly burdensome by reason of causing the loss of valuable
stocks of such labeling or containers, and where such postponement
would not prevent the public interest being adequately served:
Provided, That in no case shall such regulations apply to labeling
which would not have complied with the requirements of the Food and
Drugs Act of June 30, 1906, as amended.
"Sec. 2. (a) The provisions of section 8 [section 10 of this
title], paragraph fifth, under the heading 'In the case of food:',
of the Food and Drugs Act of June 30, 1906, as amended, and
regulations promulgated thereunder, and all other provisions of
such Act to the extent that they may relate to the enforcement of
such section 8 [section 10 of this title] and of such regulations,
shall remain in force until January 1, 1940.
"(b) The provisions of such Act of June 30, 1906, as amended,
[sections 1 to 5, 7 to 15, and 372a of this title] 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(k) of this title], shall remain in force until
January 1, 1940.
"(c) Notwithstanding the provisions of section 1 of this Act,
such section shall not apply -
"(1) to the provisions of section 502(d) and (e) of the Federal
Food, Drug, and Cosmetic Act [352(d), (e) of this title], insofar
as such provisions relate to any substance named in section 8
[section 10 of this title], paragraph second, under the heading
'In the case of drugs:', of the Food and Drugs Act of June 30,
1906, as amended, or a derivative of any such substance; or
"(2) to the provisions of section 502(b), (d), (e), (f), (g),
and (h) of the Federal Food, Drug, and Cosmetic Act [352(b), (d)
to (h) of this title], insofar as such provisions relate to drugs
to which section 505 [355 of this title] of such Act applies."
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