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The Sanitary Food Transportation Act of 1990, 49 USC 5701 et.
seq.
CHAPTER 57 SANITARY FOOD TRANSPORTATION
5701. Findings
Congress finds that--
(1) the United States public is entitled to receive food and
other consumer products that are not made unsafe because of
certain transportation practices;
(2) the United States public is threatened by the
transportation of products potentially harmful to consumers in
motor vehicles and rail vehicles that are used to transport
food and other consumer products; and
(3) the risks to consumers by those transportation practices
are unnecessary and those practices must be ended.
Sec. 5702. Definitions
In this chapter--
(1) `cosmetic', `device', `drug', `food', and `food additive'
have the same meanings given those terms in section 201 of the
Federal Food, Drug, and Cosmetic Act (21 U.S.C. 321).
(2) `nonfood product' means (individually or by class) a
material, substance, or product that is not a cosmetic,
device, drug, food, or food additive, or is deemed a nonfood
product under section 5703(a)(2) of this title, including
refuse and solid waste (as defined in section 1004 of the
Solid Waste Disposal Act (42 U.S.C. 6903)).
(3) `refuse' means discarded material that is, or is required
by law, to be transported to or disposed of in a landfill or
incinerator.
(4) `State' means a State of the United States, the District
of Columbia, Puerto Rico, the Northern Mariana Islands, the
Virgin Islands, American Samoa, Guam, and any other territory
or possession of the United States.
(5) `transports' and `transportation' mean any movement of
property in commerce (including intrastate commerce) by motor
vehicle or rail vehicle.
(6) `United States' means all of the States.
Sec. 5703. General regulation
(a) GENERAL REQUIREMENTS- (1) Not later than July 31, 1991, the
Secretary of Transportation, after consultation required by
section 5709 of this title, shall prescribe regulations on the
transportation of cosmetics, devices, drugs, food, and food
additives in motor vehicles and rail vehicles that are used to
transport nonfood products that would make the cosmetics,
devices, drugs, food, or food additives unsafe to humans or
animals.
(2) The Secretary shall deem a cosmetic, device, or drug to be a
nonfood product if--
(A) the cosmetic, device, or drug is transported in a motor
vehicle or rail vehicle before, or at the same time as, a food
or food additive; and
(B) transportation of the cosmetic, device, or drug would make
the food or food additive unsafe to humans or animals.
(b) SPECIAL REQUIREMENTS- In prescribing regulations under
subsection (a)(1) of this section, the Secretary, after
consultation required by section 5709 of this title, shall
establish requirements for appropriate--
(1) recordkeeping, identification, marking, certification, or
other means of verification to comply with sections 5704-5706
of this title;
(2) decontamination, removal, disposal, and isolation to
comply with regulations carrying out sections 5704 and 5705 of
this title; and
(3) material for the construction of tank trucks, rail tank
cars, cargo tanks, and accessory equipment to comply with
regulations carrying out section 5704 of this title.
(c) CONSIDERATIONS AND ADDITIONAL REQUIREMENTS- In prescribing
regulations under subsection (a)(1) of this section, the
Secretary, after consultation required by section 5709 of this
title, shall consider, and may establish requirements related
to, each of the following:
(1) the extent to which packaging or similar means of
protecting and isolating commodities are adequate to eliminate
or ameliorate the potential risks of transporting cosmetics,
devices, drugs, food, or food additives in motor vehicles or
rail vehicles used to transport nonfood products.
(2) appropriate compliance and enforcement measures to carry
out this chapter.
(3) appropriate minimum insurance or other liability
requirements for a person to whom this chapter applies.
(d) PACKAGES MEETING PACKAGING STANDARDS- If the Secretary finds
packaging standards to be adequate, regulations under subsection
(a)(1) of this section may not apply to cosmetics, devices,
drugs, food, food additives, or nonfood products packaged in
packages that meet the standards.
Sec. 5704. Tank trucks, rail tank cars, and cargo tanks
(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.
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.
Sec. 5706. Dedicated vehicles
(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 to transport asbestos, in forms
or quantities the Secretary of Transportation decides are
necessary, or products that present an extreme danger to humans
or animals, despite any decontamination, removal, disposal,
packaging, or other isolation procedures, unless the motor
vehicle or rail vehicle is used only to transport one or more of
the following: asbestos, those extremely dangerous products, or
refuse.
(b) LIST OF APPLICABLE PRODUCTS- After consultation required by
section 5709 of this title, the Secretary shall publish in the
Federal Register a list of the products to which this section
applies. The Secretary may amend the list periodically by
publication in the Federal Register.
Sec. 5707. Waiver authority
(a) GENERAL AUTHORITY- After consultation required by section
5709 of this title, the Secretary of Transportation may waive
any part of this chapter or regulations prescribed under this
chapter for a class of persons, motor vehicles, rail vehicles,
cosmetics, devices, drugs, food, food additives, or nonfood
products, if the Secretary decides that the waiver--
(1) would not result in the transportation of cosmetics,
devices, drugs, food, or food additives that would be unsafe
to humans or animals; and
(2) would not be contrary to the public interest and this
chapter.
(b) PUBLICATION OF WAIVERS- The Secretary shall publish in the
Federal Register any waiver and the reasons for the waiver.
Sec. 5708. Food transportation inspections
(a) GENERAL AUTHORITY- For commercial motor vehicles, the
Secretary of Transportation may carry out this chapter and
assist in carrying out compatible State laws and regulations
through means that include inspections conducted by State
employees that are paid for with money authorized under section
31104 of this title, if the recipient State agrees to assist in
the enforcement of this chapter or is enforcing compatible State
laws and regulations.
(b) PROVIDING ASSISTANCE- On the request of the Secretary of
Transportation, the Secretaries of Agriculture and Health and
Human Services, the Administrator of the Environmental
Protection Agency, and the heads of other appropriate
departments, agencies, and instrumentalities of the United
States Government shall provide assistance, to the extent
available, to the Secretary of Transportation to carry out this
chapter, including assistance in the training of personnel under
a program established under subsection (c) of this section.
(c) TRAINING PROGRAM- After consultation required by section
5709 of this title and consultation with the heads of
appropriate State transportation and food safety authorities,
the Secretary of Transportation shall develop and carry out a
training program for inspectors to conduct vigorous enforcement
of this chapter and regulations prescribed under this chapter or
compatible State laws and regulations. As part of the training
program, the inspectors, including State inspectors or personnel
paid with money authorized under section 31104 of this title,
shall be trained in the recognition of adulteration problems
associated with the transportation of cosmetics, devices, drugs,
food, and food additives and in the procedures for obtaining
assistance of the appropriate departments, agencies, and
instrumentalities of the Government and State authorities to
support the enforcement.
Sec. 5709. Consultation
As provided by sections 5703-5708 of this title, the Secretary
of Transportation shall consult with the Secretaries of
Agriculture and Health and Human Services and the Administrator
of the Environmental Protection Agency.
Sec. 5710. Administrative
The Secretary of Transportation has the same duties and powers
in regulating transportation under this chapter as the Secretary
has under section 5121(a)-(c) (except subsection (c)(1)(A)) of
this title in regulating transportation under chapter 51 of this
title.
Sec. 5711. Enforcement and penalties
(a) ACTIONS- The Secretary of Transportation shall request that
a civil action be brought and take action to eliminate or
ameliorate an imminent hazard related to a violation of a
regulation prescribed or order issued under this chapter in the
same way and to the same extent as authorized by section 5122 of
this title.
(b) APPLICABLE PENALTIES AND PROCEDURES- The penalties and
procedures in sections 5123 and 5124 of this title apply to a
violation of a regulation prescribed or order issued under this
chapter.
Sec. 5712. Relationship to other laws
Section 5125 of this title applies to the relationship between
this chapter and a requirement of a State, a political
subdivision of a State, or an Indian tribe.
Sec. 5713. Application of sections 5711 and 5712
Sections 5711 and 5712 of this title apply only to
transportation occurring on or after the date that regulations
prescribed under section 5703(a)(1) of this title are effective.
Sec. 5714. Coordination procedures
Not later than November 3, 1991, the Secretary of
Transportation, after consultation with appropriate State
officials, shall establish procedures to promote more effective
coordination between the departments, agencies, and
instrumentalities of the United States Government and State
authorities with regulatory authority over motor carrier safety
and railroad safety in carrying out and enforcing this chapter.
CHAPTER 59--INTERMODAL SAFE CONTAINER TRANSPORTATION
Sec. 5901. Definitions
In this chapter--
(1) the definitions in section 10102 of this title apply.
(2) `beneficial owner' means a person not having title to
property but having ownership rights in the property,
including a trustee of property in transit from an overseas
place of origin that is domiciled or doing business in the
United States, except that a carrier, agent of a carrier,
broker, customs broker, freight forwarder, warehouser, or
terminal operator is not a beneficial owner only because of
providing or arranging for any part of the intermodal
transportation of property.
(A) a motor carrier, water carrier, and rail carrier
providing transportation of property in commerce; and
(B) an ocean common carrier (as defined in section 3 of the
Shipping Act of 1984 (46 App. U.S.C. 1702)) providing
transportation of property in commerce.
(4) `container' has the meaning given the term `freight
container' by the International Standards Organization in
Series 1, Freight Containers, 3d Edition (reference number
ISO668-1979(E)), including successive revisions, and similar
containers that are used in providing transportation in
interstate commerce.
(5) `first carrier' means the first carrier transporting a
loaded container or trailer in intermodal transportation.
(6) `intermodal transportation' means the successive
transportation of a loaded container or trailer from its place
of origin to its place of destination by more than one mode of
transportation in interstate or foreign commerce, whether
under a single bill of lading or under separate bills of
lading.
(7) `trailer' means a nonpower, property-carrying, trailing
unit that is designed for use in combination with a truck
tractor.
Sec. 5902. Notifications and certifications
(a) PRIOR NOTIFICATION- Before a person tenders to a first
carrier for intermodal transportation a loaded container or
trailer having a projected gross cargo weight of more than
10,000 pounds (including packing material and pallets), the
person shall give the carrier a written notification of the
gross cargo weight and a reasonable description of the contents
of the container or trailer. The notification may be transmitted
electronically.
(b) CERTIFICATION- Not later than when a person tenders to a
first carrier for intermodal transportation a container or
trailer to which subsection (a) of this section applies or a
loaded container or trailer having an actual gross cargo weight
of more than 10,000 pounds (including packing material and
pallets), the person shall certify to the carrier in writing the
actual gross cargo weight and a reasonable description of the
contents of the container or trailer.
(c) FORWARDING CERTIFICATIONS TO SUBSEQUENT CARRIERS- A carrier,
agent of a carrier, broker, customs broker, freight forwarder,
warehouser, or terminal operator shall forward the certification
provided under subsection (b) of this section to a subsequent
carrier transporting the container or trailer in intermodal
transportation. The act of forwarding the certification may not
be construed as a verification or affirmation of the accuracy or
completeness of the information in the certification.
(d) NONAPPLICATION- (1) Subsections (a) and (b) of this section
and section 5903(c) of this title do not apply to a carrier when
the carrier is transferring a loaded container or trailer to
another carrier during intermodal transportation, unless the
carrier is also the person tendering the loaded container or
trailer to the first carrier.
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