§ 5705. — Motor and rail transportation of nonfood products.
[Laws in effect as of January 7, 2003]
[Document not affected by Public Laws enacted between
January 7, 2003 and December 19, 2003]
[CITE: 49USC5705]
TITLE 49--TRANSPORTATION
SUBTITLE III--GENERAL AND INTERMODAL PROGRAMS
CHAPTER 57--SANITARY FOOD TRANSPORTATION
Sec. 5705. Motor and rail transportation of nonfood products
(a) Prohibitions.--The regulations prescribed under section
5703(a)(1) of this title shall include provisions prohibiting a person
from using, offering for use, or arranging for the use of a motor
vehicle or rail vehicle (except a tank truck, rail tank car, or cargo
tank described in section 5704 of this title) to transport cosmetics,
devices, drugs, food, or food additives if the vehicle is used to
transport nonfood products included in a list published under subsection
(b) of this section.
(b) List of Unsafe Nonfood Products.--(1) After consultation
required by section 5709 of this title, the Secretary of Transportation
shall publish in the Federal Register a list of nonfood products the
Secretary decides would make cosmetics, devices, drugs, food, or food
additives unsafe to humans or animals because of transportation of the
nonfood products in a motor vehicle or rail vehicle used to transport
cosmetics, devices, drugs, food, or food additives. The Secretary may
amend the list periodically by publication in the Federal Register.
(2) The list published under paragraph (1) of this subsection may
not include cardboard, pallets, beverage containers, and other food
packaging except to the extent the Secretary decides that the
transportation of cardboard, pallets, beverage containers, or other food
packaging in a motor vehicle or rail vehicle used to transport
cosmetics, devices, drugs, food, or food additives would make the
cosmetics, devices, drugs, food, or food additives unsafe to humans or
animals.
(Pub. L. 103-272, Sec. 1(d), July 5, 1994, 108 Stat. 857.)
Historical and Revision Notes
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Revised Section Source (U.S. Code) Source (Statutes at Large)
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5705.................................. 49 App.:2805. Nov. 3, 1990, Pub. L. 101-500, Sec. 6,
104 Stat. 1216.
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In subsection (b)(1), the word ``decides'' is substituted for
``determined'' for consistency in the revised title. The words ``of the
nonfood products'' are added for clarity.
Section Referred to in Other Sections
This section is referred to in sections 5703, 5709 of this title.
