21 U.S. Code § 350e - Sanitary transportation practices
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.
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.
The regulations under subsection (b) of this section shall—
(1) prescribe such practices as the Secretary determines to be appropriate relating to—
(D) information to be disclosed—
(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
(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
(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
(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.
Source(June 25, 1938, ch. 675, § 416, as added Pub. L. 109–59, title VII, § 7202(b),Aug. 10, 2005, 119 Stat. 1911.)
Section effective Oct. 1, 2005, see section 7204 ofPub. L. 109–59, set out as an Effective Date of 2005 Amendment note under section 331 of this title.
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