49 USC Sec. 5704 01/26/98
-EXPCITE-
TITLE 49 - TRANSPORTATION
SUBTITLE III - GENERAL AND INTERMODAL PROGRAMS
CHAPTER 57 - SANITARY FOOD TRANSPORTATION
-HEAD-
Sec. 5704. Tank trucks, rail tank cars, and cargo tanks
-STATUTE-
(a) Prohibitions. - The regulations prescribed under section
5703(a)(1) of this title shall include provisions prohibiting a
person from -
(1) using, offering for use, or arranging for the use of a tank
truck, rail tank car, or cargo tank used in motor vehicle or rail
transportation of cosmetics, devices, drugs, food, or food
additives if the tank truck, rail tank car, or cargo tank is used
to transport a nonfood product, except a nonfood product included
in a list published under subsection (b) of this section;
(2) using, offering for use, or arranging for the use of a tank
truck or cargo tank to provide motor vehicle transportation of
cosmetics, devices, drugs, food, food additives, or nonfood
products included in the list published under subsection (b) of
this section unless the tank truck or cargo tank is identified,
by a permanent marking on the tank truck or cargo tank, as
transporting only cosmetics, devices, drugs, food, food
additives, or nonfood products included in the list;
(3) using, offering for use, or arranging for the use of a tank
truck or cargo tank to provide motor vehicle transportation of a
nonfood product that is not included in the list published under
subsection (b) of this section if the tank truck or cargo tank is
identified, as provided in clause (2) of this subsection, as a
tank truck or cargo tank transporting only cosmetics, devices,
drugs, food, food additives, or nonfood products included in the
list; or
(4) receiving, except for lawful disposal purposes, any
cosmetic, device, drug, food, food additive, or nonfood product
that has been transported in a tank truck or cargo tank in
violation of clause (2) or (3) of this subsection.
(b) List of Nonfood Products Not Unsafe. - 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 do not make cosmetics,
devices, drugs, food, or food additives unsafe to humans or animals
because of transportation of the nonfood products in a tank truck,
rail tank car, or cargo tank used to transport cosmetics, devices,
drugs, food, or food additives. The Secretary may amend the list
periodically by publication in the Federal Register.
(c) Disclosure. - A person that arranges for the use of a tank
truck or cargo tank used in motor vehicle transportation for the
transportation of a cosmetic, device, drug, food, food additive, or
nonfood product shall disclose to the motor carrier or other
appropriate person if the cosmetic, device, drug, food, food
additive, or nonfood product being transported is to be used -
(1) as, or in the preparation of, a food or food additive; or
(2) as a nonfood product included in the list published under
subsection (b) of this section.
-SOURCE-
(Pub. L. 103-272, Sec. 1(d), July 5, 1994, 108 Stat. 856.)
-MISC1-
Historical and Revision Notes
---------------------------------------------------------------------
Revised Section Source (U.S. Code) Source (Statutes at
Large)
---------------------------------------------------------------------
5704(a) 49 App.:2804(a), (c). Nov. 3, 1990, Pub.
L. 101-500, Sec. 5,
104 Stat. 1215.
5704(b) 49 App.:2804(b).
5704(c) 49 App.:2804(d).
-------------------------------
In subsection (a), before clause (1), the words ''shall include
provisions prohibiting'' are substituted for ''At a minimum . . .
shall prohibit'' because of the restatement. In restating 49
App.:2804(c)(1), the word ''only'' is omitted before ''food'' the
first time it appears and added before ''food'' the 2d time it
appears to reflect the probable intent of Congress. Compare the
location of the word ''only'' in 49 App.:2804(c)(2).
In subsection (b), the word ''decides'' is substituted for
''determined'' for consistency in the revised title. The words
''of the nonfood products'' are added for clarity.
In subsection (c), before clause (1), the words ''in making such
arrangement'' are omitted as surplus.
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 5703, 5705, 5709 of this
title.