49 USC Sec. 5705 01/26/98
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TITLE 49 - TRANSPORTATION
SUBTITLE III - GENERAL AND INTERMODAL PROGRAMS
CHAPTER 57 - SANITARY FOOD TRANSPORTATION
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Sec. 5705. Motor and rail transportation of nonfood products
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(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.
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(Pub. L. 103-272, Sec. 1(d), July 5, 1994, 108 Stat. 857.)
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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.
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SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 5703, 5709 of this title.