U.S. Code » Title 21 » Chapter CHAPTER 9— FEDERAL FOOD, DRUG, AND COSMETIC ACT › Subchapter SUBCHAPTER II— DEFINITIONS

21 U.S.C. § 321d

Market names for catfish and ginseng

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(a) Catfish labeling(1) In generalNotwithstanding any other provision of law, for purposes of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 301 et seq.)—(A) the term “catfish” may only be considered to be a common or usual name (or part thereof) for fish classified within the family Ictaluridae; and(B) only labeling or advertising for fish classified within that family may include the term “catfish”.(2) Omitted(b) Ginseng labeling(1) In generalNotwithstanding any other provision of law, for purposes of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 301 et seq.)—(A) the term “ginseng” may only be considered to be a common or usual name (or part thereof) for any herb or herbal ingredient derived from a plant classified within the genus Panax; and(B) only labeling or advertising for herbs or herbal ingredients classified within that genus may include the term “ginseng”.(2) Omitted(Pub. L. 107–171, title X, § 10806, May 13, 2002, 116 Stat. 526.)Editorial NotesReferences in Text

The Federal Food, Drug, and Cosmetic Act, referred to in subsecs. (a)(1), (b)(1), is act June 25, 1938, ch. 675, 52 Stat. 1040, which is classified generally to this chapter. For complete classification of this Act to the Code, see section 301 of this title and Tables.

Codification

Section is comprised of section 10806 of Pub. L. 107–171. Subsecs. (a)(2) and (b)(2) of section 10806 of Pub. L. 107–171 amended section 343 of this title.

Section was enacted as part of the Farm Security and Rural Investment Act of 2002, and not as part of Federal Food, Drug, and Cosmetic Act which comprises this chapter.

Notes of Decisions
Cited in 2 cases, 2006–2020 · leading case: Piazza's Seafood World, LLC v. Odom, 448 F.3d 744 (5th Cir. 2006).
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Piazza's Seafood World, LLC v. Odom, 448 F.3d 744 (5th Cir. 2006). · cites it 3× “134 , 526-27 (codified at 21 U.S.C. §§ 321d, 343(t)). This legislation was prompted by increased sales of Vietnamese Pangasius bocourti in the United States as “basa catfish.”
Hung Vuong Corp. v. United States, 2020 CIT 174 (Ct. Intl. Trade 2020). “’ ” 21 U.S.C. § 321d(a)(1)(A)–(B). The Vietnamese- produced fish at issue in this case are of the species pan- gasius and thus may not legally be marketed in the United States under the name “catfish.”
— 21 U.S.C. § 321d(a)(1)(A) — 1 case
Hung Vuong Corp. v. United States, 2020 CIT 174 (Ct. Intl. Trade 2020). “’ ” 21 U.S.C. § 321d(a)(1)(A)–(B). The Vietnamese- produced fish at issue in this case are of the species pan- gasius and thus may not legally be marketed in the United States under the name “catfish.”
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