21 U.S.C. § 345
Regulations making exemptions
The Secretary shall promulgate regulations exempting from any labeling requirement of this chapter (1) small open containers of fresh fruits and fresh vegetables and (2) food which is, in accordance with the practice of the trade, to be processed, labeled, or repacked in substantial quantities at establishments other than those where originally processed or packed, on condition that such food is not adulterated or misbranded under the provisions of this chapter upon removal from such processing, labeling, or repacking establishment. This section does not apply to the labeling requirements of sections 343(q) and 343(r) of this title.
Notes of Decisions
Cited in 3
cases, 1954–1996 · leading case: Pub. Citizen, Inc. v. Shalala, 932 F. Supp. 13 (D.D.C. 1996).
Pub. Citizen, Inc. v. Shalala, 932 F. Supp. 13 (D.D.C. 1996). “Plaintiffs further argue that Section 405 of the FDCA, codified at 21 U.S.C. § 345 , bars the. menu exemption.”
United States v. 449 Cases, Containing Tomato Paste, 212 F.2d 567 (2d Cir. 1954). “In addition to provisions not here immediately pertinent for regulations making certain exemptions or granting certain: tolerances, 21 U.S.C. §§ 345 , 346, there-is a significant provision in the chapter-authorizing penalties, injunctions, and seizures that nothing therein…”
United States v. 233 Tins, More or Less, Etc., 175 F. Supp. 694 (W.D. Ark. 1959). “In addition to provisions not here immediately pertinent for regulations making certain exemptions or granting certain tolerances, 21 U. S.C. §§ 345, 346, there is a significant provision in the chapter authorizing penalties, injunctions, and seizures that nothing therein ‘shall…”
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