21 U.S.C. § 350e : US Code - Section 350E: Sanitary transportation practices

Search 21 U.S.C. § 350e : US Code - Section 350E: Sanitary transportation practices

(a) Definitions
In this section:
(1) Bulk vehicle
The term "bulk vehicle" includes a tank truck, hopper truck,
rail tank car, hopper car, cargo tank, portable tank, freight
container, or hopper bin, and any other vehicle in which food is
shipped in bulk, with the food coming into direct contact with
the vehicle.
(2) Transportation
The term "transportation" means any movement in commerce by
motor vehicle or rail vehicle.
(b) Regulations
The Secretary shall by regulation require shippers, carriers by
motor vehicle or rail vehicle, receivers, and other persons engaged
in the transportation of food to use sanitary transportation
practices prescribed by the Secretary to ensure that food is not
transported under conditions that may render the food adulterated.
(c) Contents
The regulations under subsection (b) of this section shall -
(1) prescribe such practices as the Secretary determines to be
appropriate relating to -
(A) sanitation;
(B) packaging, isolation, and other protective measures;
(C) limitations on the use of vehicles;
(D) information to be disclosed -
(i) to a carrier by a person arranging for the transport of
food; and
(ii) to a manufacturer or other person that -
(I) arranges for the transportation of food by a carrier;
or
(II) furnishes a tank vehicle or bulk vehicle for the
transportation of food; and
(E) recordkeeping; and
(2) include -
(A) a list of nonfood products that the Secretary determines
may, if shipped in a bulk vehicle, render adulterated food that
is subsequently transported in the same vehicle; and
(B) a list of nonfood products that the Secretary determines
may, if shipped in a motor vehicle or rail vehicle (other than
a tank vehicle or bulk vehicle), render adulterated food that
is simultaneously or subsequently transported in the same
vehicle.
(d) Waivers
(1) In general
The Secretary may waive any requirement under this section,
with respect to any class of persons, vehicles, food, or nonfood
products, if the Secretary determines that the waiver -
(A) will not result in the transportation of food under
conditions that would be unsafe for human or animal health; and
(B) will not be contrary to the public interest.
(2) Publication
The Secretary shall publish in the Federal Register any waiver
and the reasons for the waiver.
(e) Preemption
(1) In general
A requirement of a State or political subdivision of a State
that concerns the transportation of food is preempted if -
(A) complying with a requirement of the State or political
subdivision and a requirement of this section, or a regulation
prescribed under this section, is not possible; or
(B) the requirement of the State or political subdivision as
applied or enforced is an obstacle to accomplishing and
carrying out this section or a regulation prescribed under this
section.
(2) Applicability
This subsection applies to transportation that occurs on or
after the effective date of the regulations promulgated under
subsection (b) of this section.
(f) Assistance of other agencies
The Secretary of Transportation, the Secretary of Agriculture,
the Administrator of the Environmental Protection Agency, and the
heads of other Federal agencies, as appropriate, shall provide
assistance on request, to the extent resources are available, to
the Secretary for the purposes of carrying out this section.