FEDERAL FOOD, DRUG, AND COSMETIC ACT

1 1 1 The following additional definitions applicable to this Act are provided for in other Acts: Butter. The Act of March 4, 1923 (21 321a), defines butter as the food product usually known as butter, and which is made exclusively from milk or cream, or both, with or without common salt, and with or without additional coloring matter, and containing not less than 80 per centum by weight of milk fat, all tolerances having been allowed for. Package. The Act of July 24, 1919 (21 321b), states The word package shall include and shall be construed to include wrapped meats inclosed in papers or other materials as pre-pared by the manufacturers thereof for sale. Nonfat Dry Milk, Milk. The Act of July 2, 1956 (21 321c), defines nonfat dry milk as the product resulting from the removal of fat and water from milk, and contains the lactose, milk proteins, and milk minerals in the same relative proportions as in the fresh milk from which made.

2 It contains not over 5 per centum by weight of moisture. The fat content is not over 11 2per centum by weight unless otherwise indicated. , and defines milk to mean sweet milk of cows. 2 See footnote for section 403(h)(3) regarding the stylistic use of a list consisting of (a) , (b) , etc. FEDERAL food , drug , AND COSMETIC ACT [As Amended Through 113 233, Enacted December 16, 2014] CHAPTER I SHORT TITLE SECTION1. 21 301 This Act may be cited as the Fed-eral food , drug , and COSMETIC Act. CHAPTER II DEFINITIONS1 SEC. 201. 21 321 For the purposes of this Act 2 (a)(1) The term State , except as used in the last sentence of section 702(a), means any State or Territory of the United States, the District of Columbia, and the Commonwealth of Puerto Rico. (2) The term Territory means any Territory or possession of the United States, including the District of Columbia, and exclud-ing the Commonwealth of Puerto Rico and the Canal Zone.

3 (b) The term interstate commerce means (1) commerce be-tween any State or Territory and any place outside thereof, and (2) commerce within the District of Columbia or within any other Ter-ritory not organized with a legislative body. (c) The term Department means the Department of Health and Human Services. (d) The term Secretary means the Secretary of Health and Human Services. (e) The term person includes individual, partnership, corpora-tion, and association. (f) The term food means (1) articles used for food or drink for man or other animals, (2) chewing gum, and (3) articles used for components of any such article. (g)(1) The term drug means (A) articles recognized in the offi-cial United States Pharmacopeia, official Homeopathic Pharma-copeia of the United States, or official National Formulary, or any supplement to any of them; and (B) articles intended for use in the diagnosis, cure, mitigation, treatment, or prevention of disease in VerDate Nov 24 2008 16:51 May 27, 2015 Jkt 000000 PO 00000 Frm 00001 Fmt 9001 Sfmt 9001 F:\COMP\FDA\ HOLCPCMay 27, 2015 F:\COMP\FDA\ FEDERAL food , drug , AND COSMETIC As Amended Through 113-233, Enacted December 16, 20142 Sec.

4 201 FEDERAL food , drug , AND COSMETIC ACT man or other animals; and (C) articles (other than food ) intended to affect the structure or any function of the body of man or other animals; and (D) articles intended for use as a component of any articles specified in clause (A), (B), or (C). A food or dietary supple-ment for which a claim, subject to sections 403(r)(1)(B) and 403(r)(3) or sections 403(r)(1)(B) and 403(r)(5)(D), is made in ac-cordance with the requirements of section 403(r) is not a drug sole-ly because the label or the labeling contains such a claim. A food , dietary ingredient, or dietary supplement for which a truthful and not misleading statement is made in accordance with section 403(r)(6) is not a drug under clause (C) solely because the label or the labeling contains such a statement. (2) The term counterfeit drug means a drug which, or the container or labeling of which, without authorization, bears the trademark, trade name, or other identifying mark, imprint, or de-vice, or any likeness thereof, of a drug manufacturer, processor, packer, or distributor other than the person or persons who in fact manufactured, processed, packed, or distributed such drug and which thereby falsely purports or is represented to be the product of, or to have been packed or distributed by, such other drug manu-facturer, processor, packer, or distributor.

5 (h) The term device (except when used in paragraph (n) of this section and in sections 301(i), 403(f), 502(c), and 602(c)) means an instrument, apparatus, implement, machine, contrivance, im-plant, in vitro reagent, or other similar or related article, including any component, part, or accessory, which is (1) recognized in the official National Formulary, or the United States Pharmacopeia, or any supplement to them, (2) intended for use in the diagnosis of disease or other conditions, or in the cure, mitigation, treatment, or prevention of disease, in man or other animals, or (3) intended to affect the structure or any function of the body of man or other animals, and which does not achieve its primary intended purposes through chemical action within or on the body of man or other animals and which is not dependent upon being metabolized for the achieve-ment of its primary intended purposes.

6 (i) The term COSMETIC means (1) articles intended to be rubbed, poured, sprinkled, or sprayed on, introduced into, or other-wise applied to the human body or any part thereof for cleansing, beautifying, promoting attractiveness, or altering the appearance, and (2) articles intended for use as a component of any such arti-cles; except that such term shall not include soap. (j) The term official compendium means the official United States Pharmacopeia, official Homeopathic Pharmacopeia of the United States, official National Formulary, or any supplement to any of them. (k) The term label means a display of written, printed, or graphic matter upon the immediate container of any article; and a requirement made by or under authority of this Act that any word, statement, or other information appear on the label shall not be considered to be complied with unless such word, statement, or other information also appears on the outside container or wrapper, VerDate Nov 24 2008 16:51 May 27, 2015 Jkt 000000 PO 00000 Frm 00002 Fmt 9001 Sfmt 9001 F:\COMP\FDA\ HOLCPCMay 27, 2015 F:\COMP\FDA\ FEDERAL food , drug , AND COSMETIC As Amended Through 113-233, Enacted December 16, 20143 Sec.

7 201 FEDERAL food , drug , AND COSMETIC ACT 3 The amendments made to this Act by the drug Amendments of 1962 included amendments establishing the requirement that new drugs be effective. Section 107(c) of such Public Law con-cerned the applicability of the amendments, and is included in the appendix to this compilation. if any there be, of the retail package of such article, or is easily leg-ible through the outside container or wrapper. (l) The term immediate container does not include package liners. (m) The term labeling means all labels and other written, printed, or graphic matter (1) upon any article or any of its con-tainers or wrappers, or (2) accompanying such article.

8 (n) If an article is alleged to be misbranded because the label-ing or advertising is misleading, then in determining whether the labeling or advertising is misleading there shall be taken into ac-count (among other things) not only representations made or sug-gested by statement, word, design, device, or any combination thereof, but also the extent to which the labeling or advertising fails to reveal facts material in the light of such representations or material with respect to consequences which may result from the use of the article to which the labeling or advertising relates under the conditions of use prescribed in the labeling or advertising thereof or under such conditions of use as are customary or usual. (o) The representation of a drug , in its labeling, as an anti-septic shall be considered to be a representation that it is a germi-cide, except in the case of a drug purporting to be, or represented as, an antiseptic for inhibitory use as a wet dressing, ointment, dusting powder, or such other use as involves prolonged contact with the body.

9 (p)3 The term new drug means (1) Any drug (except a new animal drug or an animal feed bearing or containing a new animal drug ) the composition of which is such that such drug is not generally recognized, among experts qualified by scientific training and experience to evaluate the safety and effectiveness of drugs, as safe and ef-fective for use under the conditions prescribed, recommended, or suggested in the labeling thereof, except that such a drug not so recognized shall not be deemed to be a new drug if at any time prior to the enactment of this Act it was subject to the food and Drugs Act of June 30, 1906, as amended, and if at such time its labeling contained the same representations concerning the conditions of its use; or (2) Any drug (except a new animal drug or an animal feed bearing or containing a new animal drug ) the composition of which is such that such drug , as a result of investigations to determine its safety and effectiveness for use under such condi-tions, has become so recognized, but which has not, otherwise than in such investigations, been used to a material extent or for a material time under such conditions.

10 (q)(1)(A) Except as provided in clause (B), the term pesticide chemical means any substance that is a pesticide within the meaning of the FEDERAL Insecticide, Fungicide, and Rodenticide Act, including all active and inert ingredients of such pesticide. Not-withstanding any other provision of law, the term pesticide with-in such meaning includes ethylene oxide and propylene oxide when such substances are applied on food . VerDate Nov 24 2008 16:51 May 27, 2015 Jkt 000000 PO 00000 Frm 00003 Fmt 9001 Sfmt 9001 F:\COMP\FDA\ HOLCPCMay 27, 2015 F:\COMP\FDA\ FEDERAL food , drug , AND COSMETIC As Amended Through 113-233, Enacted December 16, 20144 Sec. 201 FEDERAL food , drug , AND COSMETIC ACT (B) In the case of the use, with respect to food , of a substance described in clause (A) to prevent, destroy, repel, or mitigate micro-organisms (including bacteria, viruses, fungi, protozoa, algae, and slime), the following applies for purposes of clause (A): (i) The definition in such clause for the term pesticide chemical does not include the substance if the substance is ap-plied for such use on food , or the substance is included for such use in water that comes into contact with the food , in the pre-paring, packing, or holding of the food for commercial pur-poses.