FILLED MILK § 61. Filled milk; definitions. Whenever used in this chapter (a) The term "person" includes an individual partnership, corporation, or association; (b) The term "interstate or foreign commerce" means commerce (1) between any State, Territory, or possession, or the District of Columbia, and any place outside thereof; (2) between points within the same State, Territory, or possession, or within the District of Columbia, but through any place outside thereof; or (3) within any Territory or possession, or within the District of Columbia; and (c) The term "filled milk” means any milk, cream, or skimmed milk, whether or not condensed, evaporated, concentrated, powdered, dried, or desiccated, to which has been added, or which has been blended or compounded with, any fat or oil other than milk fat, so that the resulting product is in imitation or semblance of milk, cream, or skimmed milk, whether or not condensed, evaporated, concentrated, powdered, dried, or desiccated. This definition shall not include any distinctive proprietary food compound not readily mistaken in taste for milk or cream or for evaporated, condensed, or powdered milk, or cream where such compound (1) is prepared and designed for feeding infants and young children and customarily used on the order of a physician; (2) is packed in individual cans containing not more than sixteen and one-half ounces and bearing a label in bold type that the content is to be used only for said purpose; (3) is shipped in interstate or foreign commerce exclusively to physicians, wholesale and retail druggists, orphan asylums, child-welfare associations, hospitals, and similar institutions and generally disposed of by them. (Mar. 4, 1923, ch. 262, § 1, 42 Stat. 1486.) § 62. Same, manufacture, shipment, or delivery for shipment in interstate or foreign commerce prohibited. It is declared that filled milk, as defined in section 61 of this title is an adulterated article of food, injurious to the public health, and its sale constitutes a fraud upon the public. It shall be unlawful for any person to manufacture within any Territory or possession, or within the District of Columbia, or to ship or deliver for shipment in interstate or foreign commerce, any filled milk. (Mar. 4, 1923, ch. 262, § 2, 42 Stat. 1487.) § 63. Same; penalty for violations of law; acts, omissions, and so forth, of agents. Any person violating any provision of this chapter shall upon conviction thereof be subject to a fine of not more than $1,000 or imprisonment of not more than one year, or both. When construing and enforcing the provisions of said sections, the act, omission, or failure of any person acting for or employed by any individual, partnership, corporation, or association, within the scope of his employment or office, shall in every case be deemed the act, omission, or failure, of such individual, partnership, corporation, or association, as well as of such person. (Mar. 4, 1923, ch. 262, § 3, 42 Stat. 1487.) § 64. Same; regulations for enforcement. The Secretary of Health, Education, and Welfare is authorized and directed to make and enforce such regulations as may in his judgment be necessary to carry out the purposes of this chapter. (Mar. 4, 1923, ch. 262, § 4, as added Aug. 27, 1935, ch. 743, 49 Stat. 885; 1940 Reorg. Plan No. IV, § 12, eff. June 30, 1940, 5 F.R. 2421, 54 Stat. 1237; 1953 Reorg. Plan No. 1, § 5, eff. Apr. 11, 1953, 18 F.R. 2053, 67 Stat. 63.) FEDERAL CAUSTIC POISON ACT NOTE. The Federal Hazardous Substances Act repealed the Federal Caustic Poison Act except for any "dangerous caustic or corrosive substance" as defined by the Federal Caustic Poison Act which is subject to the Federal Food, Drug, and Cosmetic Act and not a "hazardous substance" under the Federal Hazardous Substances Act. FEDERAL CAUSTIC POISON ACT AN ACT To safeguard the distribution and sale of certain dangerous caustic or corrosive acids, alkalies, and other substances in interstate and foreign commerce. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That this act may be cited as the Federal Caustic Poison Act. DEFINITIONS SEC. 2. As used in this act, unless the context otherwise requires (a) The term "dangerous caustic or corrosive substance" means: (1) Hydrochloric acid and any preparation containing free or chemically unneutralized acid (HCl) in a concentration of 10 per centum or more; (2) Sulfuric acid and any preparation containing free or chemically unneutralized sulfuric acid (H2SO1) in a concentration of 10 per centum or more; (3) Nitric acid or any preparation containing free or chemically unneutralized nitric acid (HNO3) in a concentration of 5 per centum or more; (4) Carbolic acid (C,H,OH), otherwise known as phenol, and any preparation containing carbolic acid in a concentration of 5 per centum or more; (5) Oxalic acid and any preparation containing free or chemically unneutralized oxalic acid (H2C2O,) in a concentration of 10 per centum or more; (6) Any salt of oxalic acid and any preparation containing any such salt in a concentration of 10 per centum or more; (7) Acetic acid or any preparation containing free or chemically unneutralized acetic acid (HC2HÖ22) in a concentration of 20 per centum or more; (8) Hypochlorous acid, either free or combined, and any preparation containing the same in a concentration so as to yield 10 per centum or more by weight of available chlorine, excluding calx chlorinata, bleaching powder, and chioride of lime; (9) Potassium hydroxide and any preparation containing free or chemically unneutralized potassium hydroxide (KOH), including caustic potash and Vienna paste, in a concentration of 10 per centum or more; |