Federal Food and Cosmetics Act

Summary

Title I: Short Title - Federal Food and Cosmetics Act. Title II: Definitions - Defines the terms as used in this Act. Title III: Prohibited Acts and Penalties - Sets forth acts prohibited by this Act including: the introduction into commerce of any food a cosmetic that is adulterated, misbranded or unsafe. Provides that any person who violates a provision of this Act shall be imprisoned for not more than one year and fined not more than $1,000, or both. States that second offenses shall be punishable by a fine of $10,000 or three years imprisonment, or both. Authorizes the seizure of any article of food or cosmetics that is adulterated or misbranded. Creates a civil penalty of $10,000 for each violation of this Act. Authorizes the Commissioner of the Food and Cosmetics Administration (established by title VII) to initiate, defend, or appeal any court action arising as a result of the administration of this Act. Title IV: Food - Authorizes the Commissioner to promulgate regulations fixing and establishing for any food, under its common name, a reasonable definition and standard of identity, a reasonable standard of quality, and reasonable standards of of fill of container. Provides that a food shall be deemed to be adulterated if it bears or contains any deleterious substance which may render it injurious to health, or if any valuable constituent has been in whole or in part omitted or abstracted therefrom. Directs the Commissioner upon a finding that the distribution in commerce of any class of food may, be injurious to health by reason of contamination with micro-organisms during manufacture, processing, or packing, to issue to such handlers permits to which shall be attached conditions governing the manufacture, processing, or packing of such class of food for such period of time as may be necessary to protect the public health. Provides that where any deleterious substance is required or cannot be avoided in the production of dood, the Commissioner shall promulgate regulations limiting the quantity therein. Makes the provisions of this Act applicable to colored olemargarine or colored margarine which is sold in the same State or Territory in which it is produced. Directs that any poisonous or deleterious pesticide chemical added to a raw agricultural commodity, shall be deemed adulterated and, therefore, unsafe unless a tolerance for such pesticide has been prescribed or the pesticide has been exempted from the requirement of a tolerance by the Commissioner. Requires the Commissioner to promulgate regulations establishing tolerances with respect to the use in or on raw agricultural commodities of poisonous or deleterious pesticide chemicals. Sets forth guidelines for the establishment of such regulations. Provides guidelines for the regulation of food additivies pursuant to the provisions of this Act. Title V: Cosmetics - Provides that a cosmetic shall be deemed to be adulterated: (1) if it contains any deleterious substance which may render it injurious; (2) if it contains any filthy substance; (3) if it has been prepared or packed or held under unsanitary conditions; (4) if its container is composed of any deleterious substance, or if it is not a hair dye and it contains a color additive which is unsafe. States that a cosmetic shall be deemed to be misbranded if it has any of the characteristics specified in the Act including: (1) a misleading label or one which does not list all of the information required by this Act; or (2) a misleading container. Directs the Commissioner to promulgate regulations exempting from any labeling requirement of tis Act cosmetics which are to be processed, labeled, or repacked in substantial qualtities at establishments other than those originally processed or packed. Title VI: General Administrative Provisions - Provides that authority to promulgate regulations for the enforcement of this Act shall be vested in the Commissioner. States that any action for the issuance, amendment, or repeal of any regulation of this Act shall be begun by the Commissioner on his initiative or by petition of any interested person showing reasonable grounds therefor. Establishes procedures whereby any person adversely affected by any order of the Commissioner, shall have an opportunity to have a hearing to consider the objections. Authorizes the Commissioner to conduct examinations and investigations for purposes of this Act. Provides that upon application of any packer of seafood for shipment or sale within the jurisdiction of this Act the Commissioner may inspect such food. Directs that if the food complies with the requirements of this Act the applicant shall be required to make the food as provided by regulation to show compliance. Requires carriers engaged in commerce to permit officers, designated by the Commissioner, to have access to all records showing the movement in commerce of any food or cosmetic, or the holding thereof during or after such movement. Authorizes duly designated employees of the Commissioner to inspect establishments in which food or cosmetics are manufactured, processed, packed, or held. Requires the Commissioner to publicize reports summarizing all judgments decrees and court orders rendered under this Act. States that color additives shall be deemed unsafe unless they conform to regulations issued pursuant to this Act. Provides that the Commissioner shall list by regulation, color additives for use in food, separately from color additives for use in or on cosmetics. Directs the Commissioner to refuse to list a color additive for a proposed use unless the data before him establishes that such use, will be safe as determined by guidelines provided in this Act. Title VII: Food and Cosmetics Administration - Establishes within the Department of Health, Education and Welfare the Food and Cosmetics Administration to be headed by a Commissioner. Establishes within the agency a bureau to be known as the Compliance and Monitoring Bureau to be headed by an Assistant Commissioner. Provides that there shall be within the Administration a food and Cosmetic Research and Development Review Bureau. Specifies the duties of the Commissioner which include responsibility for the hiring and supervision of all personnel of the Administration; the appointment of advisory committees, the promulgation of regulations necessary to carry out the functions vested in him, to conduct public hearings, and to undertake such other activities as are necessary to the enforcement of the laws subject to his jurisdiction. Title VIII: Imports and Exports - Directs the Secretary of the Treasury to deliver to the Commissioner, upon request, samples of food and cosmetics, which are being imported the United States. Authorizes the destruction of such goods shown to be in violation of the standards established by this Act. Title IX: Miscellaneous - Transfers to the Commissioner the pertinent functions, powers, and duties vested in the Secretary of Health, Education, and Welfare under specified Acts including the Filled Milk Act, the Tea Importation Act, the Federal Caustic Poison Act and the Fair Packaging and Labeling Act.

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• Introduced in Senate

  summary · EN · 20 November 1975

  Open at official source

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