(a) DefinitionsIn 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) ContentsThe regulations under subsection (b) shall—
(1) prescribe such practices as the Secretary determines to be appropriate relating to—
(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—
(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 generalThe 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 generalA 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).
(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.
Regulations
Pub. L. 111–353, title I, § 111(a), Jan. 4, 2011, 124 Stat. 3916, provided that:
“Not later than 18 months after the date of enactment of this Act [
Jan. 4, 2011], the
Secretary shall promulgate regulations described in section 416(b) of the
Federal Food, Drug, and Cosmetic Act (
21 U.S.C. 350e(b)).”
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