Page:United States Statutes at Large Volume 52.djvu/1089

 PUBLIC LAWS-CH. 675-JUNE 25, 1938 If not subject to foregoing provisions, without prescribed la- bel, etc. Proviso. Exemptions. Represented to be for special dietary use; label requirements. Artificial flavoring, coloring, etc.; label requirements. Proiso. Exemptions. (i) If it is not subject to the provisions of paragraph (g) of this section unless its label bears (1) the common or usual name of the food, if any there be, and (2) in case it is fabricated from two or more ingredients, the common or usual name of each such ingredient; except that spices, flavorings, and colorings, other than those sold as such, may be designated as spices, flavorings, and colorings without naming each: Provided, That, to the extent that compliance with the requirements of clause (2) of this paragraph is impracticable, or results in deception or unfair competition, exemptions shall be established by regulations promulgated by the Secretary. (j) If it purports to be or is represented for special dietary uses, unless its label bears such information concerning its vitamin, min- eral, and other dietary properties as the Secretary determines to be, and by regulations prescribes as, necessary in order fully to inform purchasers as to its value for such uses. (k) If it bears or contains any artificial flavoring, artificial color- ing, or chemical preservative, unless it bears labeling stating that fact: Provided, That to the extent that compliance with the require- ments of this paragraph is impracticable, exemptions shall be estab- lished by regulations promulgated by the Secretary. The provisions of this paragraph and paragraphs (g) and (i) with respect to arti- ficial coloring shall not apply in the case of butter, cheese, or ice cream. EMERGENCY PERMIT CONTROL cotmren permit SEC. 404. (a) Whenever the Secretary finds after investigation that the distribution in interstate commerce of any class of food may, by reason of contamination with micro-organisms during the manufac- ture, processing, or packing thereof in any locality, be injurious to health, and that such injurious nature cannot be adequately deter- mined after such articles have entered interstate commerce, he then, and in such case only, shall promulgate regulations providing for the issuance, to manufacturers, processors, or packers of such class of food in such locality, of permits to which shall be attached such conditions governing the manufacture, processing, or packing of such class of food, for such temporary period of time, as may be necessary to protect the public health; and after the effective date of such regu- lations, and during such temporary period, no person shall introduce or deliver for introduction into interstate commerce any such food manufactured, processed, or packed by any such manufacturer, proc- essor, or packer unless such manufacturer, processor, or packer holds a permit issued by the Secretary as provided by such regulations. findPing ofviolation. 1 (b) The Secretary is authorized to suspend immediately upon notice any permit issued under authority of this section if it is found that any of the conditions of the permit have been violated. The holder of a permit so suspended shall be privileged at any time to Reinstatement. apply for the reinstatement of such permit, and the Secretary shall, immediately after prompt hearing and an inspection of the estab- lishment, reinstate such permit if it is found that adequate measures have been taken to comply with and maintain the conditions of the permit, as originally issued or as amended. Aess to factories, (c) Any officer or employee duly designated by the Secretary shall designated by Secre- have access to any factory or establishment, the operator of which tay holds a permit from the Secretary, for the purpose of ascertaining whether or not the conditions of the permit are being complied with, and denial of access for such inspection shall be ground for suspen- sion of the permit until such access is freely given by the operator. 1048 [52 STAT.

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