82 STAT. 352 Exception. 34 Stat. 768} 52 Stat. 1059. 21 USC 1-15 notes. Ante, p. 350. "Animal feed." 343. except that such a drug not so recognized shall not be deemed to be a 'new animal drug' if at any time prior to June 25, 1938, it was subject to the Food and Drug 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) the composition of which is such that such drug, as a result of investigations to determine its safety and effectiveness for use under such conditions, 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; or "(3) which drug is composed wholly or partly of any kind of penicillin, streptomycin, chlortetracycline, chloramphenicol, or bacitracin, or any derivative thereof, except when there is in effect a published order of the Secretary declaring such drug not to be a new animal drug on the grounds that (A) the requirement of certification of batches of such drug, as provided for in section 512(n), is not necessary to insure that the objectives specified in paragraph (3) thereof are achieved and (B) that neither subparagraph (1) nor (2) of this paragraph (w) applies to such drug. "(x) The term 'animal feed', as used in paragraph (w) of this Ante, pp. 351, section, in section 512, and in provisions of this Act referring to such paragraph or section, means an article which is intended for use for food for animals other than man and which is intended for use as a substantial source of nutrients in the diet of the animal, and is not limited to a mixture intended to be the sole ration of the animal." 76 Stat. 784, 788. 21 USC 331. 52 Stat. 1042; 61 Stat. 11. 72 Stat. 1784; 74 Stat. 397. 21 USC 342. 59 Stat. 463. 21 USC 352. 21 USC 357. PROHIBITED ACTS AND PENALTIES SEC. 103. Section 301 of the Federal Food, Drug, and Cosmetic Act, as amended, is amended by (1) striking out "or" before "507," and inserting ", or 512 (j), (1), or (m)" after "507 (d) or (g)" in paragraph (e), and (2) adding "512," after "507," in paragraph (j). ANIMAL DRUGS IN FEEDS AND RESIDUES THEREOF IN OTHER FOOD SEC. 104. Section 402 of the Federal Food, Drug, and Cosmetic Act, as amended, is amended by (1) striking out the word "or" before "(iii)" in clause (A) of subparagraph (2) of paragraph (a) and inserting "; or (iv) a new animal drug" after the words "color additive" therein; and (2) adding before the semicolon following "commodity" at the end of the proviso to clause (C) of subparagraph (2) of paragraph (a) the following: "; or (D) if it is, or it bears or contains, a new animal drug (or conversion product thereof) which is unsafe within the meaning of section 512”. ANTIBIOTIC DRUGS FOR ANIMALS SEC. 105. (a) Section 502 of the Federal Food, Drug, and Cosmetic Act, as amended, is amended by inserting "(except a drug for use in animals other than man)" after "represented as a drug" in paragraph (1). (b) Section 507 of such Act is amended by inserting "(except drugs for use in animals other than man)" after "drugs" in the first sentence of subsection (a). ANIMAL DRUGS FOR EXPORT SEC. 106. Section 801(d) of the Federal Food, Drug, and Cosmetic 82 STAT. 353 Act, as amended, is amended by adding at the end thereof the follow- 52 Stat. 1058. ing: "Nothing in this subsection shall authorize the exportation of 21 USC 381. any new animal drug, or an animal feed bearing or containing a new animal drug, which is unsafe within the meaning of section 512 of this Act." AMENDMENT WITH RESPECT TO VIRUS, SERUM, TOXIN, AND ANALOGOUS PRODUCTS ACTS SEC. 107. Section 902 (c) of the Federal Food, Drug, and Cosmetic Act is amended by striking out "the virus, serum, and toxin Act of 21 USC 392. July 1, 1902 (U.S.C., 1934 ed., title 42, chap. 4);" and inserting in lieu thereof the following: "section 351 of Public Health Service Act 58 Stat. 702. (relating to viruses, serums, toxins, and analogous products applicable 42 USC 262. to man); the virus, serum, toxin, and analogous products provisions, applicable to domestic animals, of the Act of Congress approved March 4, 1913 (37 Stat. 832-833);". EFFECTIVE DATE AND TRANSITIONAL PROVISIONS SEC. 108. (a) Except as otherwise provided in this section, the amendments made by the foregoing sections shall take effect on the first day of the thirteenth calendar month which begins after the date of enactment of this Act. 21 USC 151158. (b) (1) As used in this subsection, the term "effective date" means Definitions. the effective date specified in subsection (a) of this section; the term "basic Act" means the Federal Food, Drug, and Cosmetic Act; and other terms used both in this section and the basic Act shall have the same meaning as they have, or had, at the time referred to in the context, under the basic Act. (2) Any approval, prior to the effective date, of a new animal drug or of an animal feed bearing or containing a new animal drug, whether granted by approval of a new drug application, master file, antibiotic regulation, or food additive regulation, shall continue in effect, and shall be subject to change in accordance with the provisions of the basic Act as amended by this Act. 52 Stat. 1041. (3) In the case of any drug (other than a drug subject to section 512(n) of the basic Act as amended by this Act) intended for use in Ante, p. 350. animals other than man which, on October 9, 1962, (A) was commercially used or sold in the United States, (B) was not a new drug as defined by section 201 (p) of the basic Act as then in force, and (C) was not covered by an effective application under section 505 of that Act, the words "effectiveness" and "effective" contained in section 201 (w) as added by this Act to the basic Act shall not apply to such drug 785. when intended solely for use under conditions prescribed, recom- 21 USC 355. mended, or suggested in labeling with respect to such drug on that day. Ante, p.351. (4) Regulations providing for fees (and advance deposits to cover fees) which on the day preceding the effective date applicable under subsection (a) of this section were in effect pursuant to section 507 of the basic Act shall, except as the Secretary may otherwise pre- 59 Stat. 463; scribe, be deemed to apply also under section 512(n) of the basic Act, 76 Stat. 785and appropriations of fees (and of advance deposits to cover fees) 788. 21 USC 357. 82 STAT. 353 59 Stat. 463; 76 Stat. 785788. 21 USC 357. Ante, p. 350. available for the purposes specified in such section 507 as in effect prior to the effective date shall also be available for the purposes specified in section 512(n), including preparatory work or proceedings prior to that date. Approved July 13, 1968. LEGISLATIVE HISTORY: HOUSE REPORT No. 875 (Comm. on Interstate & Foreign Commeroe). Vol. 113 (1967): Nov. 6, considered and passed House. Vol. 114 (1968): June 24, considered and passed Senate, amended. 90th Congress, H. R. 10673 An Act To amend title III of the Packers and Stockyards Act, 1921, as amended. Packers and Be it enacted by the Senate and House of Representatives of the Aot, amendment. 42 Stat. 163; 72 Stat. 1750. (a) Section 302(a) (7 U.S.C. 202 (a)) is amended to read: "(a) When used in this title the term 'stockyard' means any place, establishment, or facility commonly known as stockyards, conducted, "Stockyard." operated, or managed for profit or nonprofit as a public market for livestock producers, feeders, market agencies, and buyers, consisting of pens, or other inclosures, and their appurtenances, in which live cattle, sheep, swine, horses, mules, or goats are received, held, or kept for sale or shipment in commerce." Market agencies and dealers. Approval by stockyard owners. (b) Section 303 (7 U.S.C. 203) is amended to read: "SEC. 303. After the expiration of thirty days after the Secretary has given public notice that any stockyard is within the definition of section 302, by posting copies of such notice in the stockyard, no person shall carry on the business of a market agency or dealer at such stockyard unless (1) the stockyard owner has determined that his services will be beneficial to the business and welfare of said stockyard, its patrons, and customers, which determination shall be made on a basis which is not unreasonable or unjustly discriminatory, and has given written authorization to such person, and (2) he has registered with the Secretary, under such rules and regulations as the Secretary may prescribe, his name and address, the character of business in which he is engaged, and the kinds of stockyards services, if any, which he furnishes at such stockyard. Every other person operating as a market agency or dealer as defined in section 301 of the Act may be required to register in such manner as the Secretary may prescribe. Whoever Penalty. violates the provisions of this section shall be liable to a penalty of not more than $500 for each such offense and not more than $25 for each day it continues, which shall accrue to the United States and may be recovered in a civil action brought by the United States." (c) Section 304 (7 U.S.C. 205) is amended to read: 7 USC 201. Furnishing services without discrimination. 44 Stat. 397. "SEC. 304. All stockyard services furnished pursuant to reasonable request made to a stockyard owner or market agency at such stockyard shall be reasonable and nondiscriminatory and stockyard services which are furnished shall not be refused on any basis that is unreasonable or unjustly discriminatory: Provided, That in any State where the weighing of livestock at a stockyard is conducted by a duly authorized department or agency of the State, the Secretary, upon application 82 STAT. 474 of such department or agency, may register it as a market agency for the weighing of livestock received in such stockyard, and upon such registration such department or agency and the members thereof shall be amenable to all the requirements of this Act, and upon failure of such department or agency or the members thereof to comply with the orders of the Secretary under this Act he is authorized to revoke th registration of such department or agency and to enforce such revocation as provided in section 315 of this Act." (d) Section 307 (7 U.S.C. 208) is amended to redesignate the first sentence as paragraph "(a)" and to add a new paragraph (b) as follows: "(b) It shall be the responsibility and right of every stockyard owner to manage and regulate his stockyard in a just, reasonable, and nondiscriminatory manner, to prescribe rules and regulations and to require those persons engaging in or attempting to engage in the (764) 82 STAT. 475 7 USC 216. Nondiscriminating stook yard management. 82 STAT. 475 42 Stat. 167; 72 Stat. 1750. purchase, sale, or solicitation of livestock at such stockyard to conduct their operations in a manner which will foster, preserve, or insure an efficient, competitive public market. Such rules and regulations shall not prevent a registered market agency or dealer from rendering service on other markets or in occasional and incidental off-market transactions." (e) Section 312(a) (7 U.S.C. 213(a)) is amended by inserting after the words "in connection with" the phrase "determining whether persons should be authorized to operate at the stockyards, or with". Approved July 31, 1968. LEGISLATIVE HISTORY: HOUSE REPORT No. 575 (Comm. on Agriculture). SENATE REPORT No. 1331 (Comm. on Agriculture & Forestry). Vol. 113 (1967): Sept. 29, considered and passed House. amended. July 22, House concurred in Senate amendments. |