
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 21USC376]

 
                        TITLE 21--FOOD AND DRUGS
 
             CHAPTER 9--FEDERAL FOOD, DRUG, AND COSMETIC ACT
 
                    SUBCHAPTER VII--GENERAL AUTHORITY
 
                Part A--General Administrative Provisions
 
Sec. 376. Examination of sea food on request of packer; marking 
        food with results; fees; penalties
        
    The Secretary, upon application of any packer of any sea food for 
shipment or sale within the jurisdiction of this chapter, may, at his 
discretion, designate inspectors to examine and inspect such food and 
the production, packing, and labeling thereof. If on such examination 
and inspection compliance is found with the provisions of this chapter 
and regulations promulgated thereunder, the applicant shall be 
authorized or required to mark the food as provided by regulation to 
show such compliance. Services under this section shall be rendered only 
upon payment by the applicant of fees fixed by regulation in such 
amounts as may be necessary to provide, equip, and maintain an adequate 
and efficient inspection service. Receipts from such fees shall be 
covered into the Treasury and shall be available to the Secretary for 
expenditures incurred in carrying out the purposes of this section, 
including expenditures for salaries of additional inspectors when 
necessary to supplement the number of inspectors for whose salaries 
Congress has appropriated. The Secretary is authorized to promulgate 
regulations governing the sanitary and other conditions under which the 
service herein provided shall be granted and maintained, and for 
otherwise carrying out the purposes of this section. Any person who 
forges, counterfeits, simulates, or falsely represents, or without 
proper authority uses any mark, stamp, tag, label, or other 
identification devices authorized or required by the provisions of this 
section or regulations thereunder, shall be guilty of a misdemeanor, and 
shall on conviction thereof be subject to imprisonment for not more than 
one year or a fine of not less than $1,000 nor more than $5,000, or both 
such imprisonment and fine.

(June 25, 1938, ch. 675, Sec. 706, formerly Sec. 702A, formerly June 30, 
1906, ch. 3915, Sec. 10A, as added June 22, 1934, ch. 712, 48 Stat. 
1204; amended Aug. 27, 1935, ch. 739, 49 Stat. 871; June 25, 1938, ch. 
675, Sec. 902(a), 52 Stat. 1059; renumbered Sec. 702A of act June 25, 
1938, July 12, 1943, ch. 221, title II, 57 Stat. 500; Pub. L. 102-300, 
Sec. 6(b)(2), June 16, 1992, 106 Stat. 240; renumbered Sec. 706, Pub. L. 
102-571, title I, Sec. 106(3), Oct. 29, 1992, 106 Stat. 4498; Pub. L. 
103-80, Sec. 3(dd)(2), Aug. 13, 1993, 107 Stat. 779.)

                          Codification

    Section was formerly classified to section 372a of this title prior 
to renumbering by Pub. L. 102-571.
    Section, which formerly was not a part of the Federal Food, Drug, 
and Cosmetic Act, originally was classified to section 14a of this 
title. Section 902(a) of act June 25, 1938, set out as an Effective Date 
note under section 301 of this title, provided that the section should 
remain in force and effect and be applicable to the provisions of this 
chapter. Act July 12, 1943, renumbered this section as 702A of the 
Federal Food, Drug, and Cosmetic Act.


                            Prior Provisions

    A prior section 376, act June 25, 1938, ch. 675, Sec. 706, 52 Stat. 
1058, as amended, which related to listing and certification of color 
additives for foods, drugs, devices, and cosmetics, was renumbered 
section 721 of act June 25, 1938, by Pub. L. 102-571, title I, 
Sec. 106(4), Oct. 29, 1992, 106 Stat. 4498, and transferred to section 
379e of this title.


                               Amendments

    1993--Pub. L. 103-80 struck out ``of Agriculture'' after 
``Secretary'' in two places.
    1992--Pub. L. 102-300, which directed the amendment of the section 
by striking out ``of Health, Education, and Welfare'' wherever 
appearing, could not be executed because such words did not appear in 
the original statutory text. See 1993 Amendment note above and Transfer 
of Functions note below.

                          Transfer of Functions

    Secretary and Department of Health, Education, and Welfare 
redesignated Secretary and Department of Health and Human Services by 
Pub. L. 96-88, title V, Sec. 509(b), Oct. 17, 1979, 93 Stat. 695, which 
is classified to section 3508(b) of Title 20, Education.
    For transfer of functions of Federal Security Administrator to 
Secretary of Health, Education, and Welfare [now Health and Human 
Services], and of Food and Drug Administration in the Department of 
Agriculture to Federal Security Agency, see note set out under section 
41 of this title.
