-CITE-
49 USC CHAPTER 57 - SANITARY FOOD
TRANSPORTATION 01/26/98
-EXPCITE-
TITLE 49 - TRANSPORTATION
SUBTITLE III - GENERAL AND INTERMODAL
PROGRAMS
CHAPTER 57 - SANITARY FOOD TRANSPORTATION
.
-HEAD-
CHAPTER 57 - SANITARY FOOD TRANSPORTATION
-MISC1-
Sec.
5701. Findings.
5702. Definitions.
5703. General regulation.
5704. Tank trucks, rail tank cars, and
cargo tanks.
5705. Motor and rail transportation of
nonfood products.
5706. Dedicated vehicles.
5707. Waiver authority.
5708. Food transportation inspections.
5709. Consultation.
5710. Administrative.
5711. Enforcement and penalties.
5712. Relationship to other laws.
5713. Application of sections 5711 and
5712.
5714. Coordination procedures.
-SECREF-
CHAPTER REFERRED TO IN
OTHER SECTIONS
This chapter is referred to in sections
20109, 20111, 20114 of
this title.
-CITE-
49 USC Sec. 5701 01/26/98
-EXPCITE-
TITLE 49 - TRANSPORTATION
SUBTITLE III - GENERAL AND INTERMODAL
PROGRAMS
CHAPTER 57 - SANITARY FOOD TRANSPORTATION
-HEAD-
Sec. 5701. Findings
-STATUTE-
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.
-SOURCE-
(Pub. L. 103-272, Sec. 1(d), July 5, 1994,
108 Stat. 854.)
-MISC1-
Historical and Revision
Notes
---------------------------------------------------------------------
Revised Section Source (U.S. Code)
Source (Statutes at
Large)
---------------------------------------------------------------------
5701 49 App.:2801. Nov. 3, 1990, Pub.
L. 101-500, Sec. 2,
104 Stat. 1213.
-------------------------------
-CITE-
49 USC Sec. 5702 01/26/98
-EXPCITE-
TITLE 49 - TRANSPORTATION
SUBTITLE III - GENERAL AND INTERMODAL
PROGRAMS
CHAPTER 57 - SANITARY FOOD TRANSPORTATION
-HEAD-
Sec. 5702. Definitions
-STATUTE-
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.
-SOURCE-
(Pub. L. 103-272, Sec. 1(d), July 5, 1994,
108 Stat. 854.)
-MISC1-
Historical and Revision
Notes
---------------------------------------------------------------------
Revised Section Source (U.S. Code)
Source (Statutes at
Large)
---------------------------------------------------------------------
5702 49 App.:2802. Nov. 3, 1990, Pub.
L. 101-500, Sec. 3,
104 Stat. 1213.
-------------------------------
In this section, the definition of
''Secretary'' is omitted as
unnecessary because the complete title of
the Secretary of
Transportation is used the first time the
term appears in a
section.
In clause (2), the words ''(individually
or by class)'' are
substituted for ''Such term includes any
class of such materials,
substances, or products'' to eliminate
unnecessary words. The
words ''or is deemed a nonfood product
under section 5703(a)(2) of
this title'' are substituted for ''(except
as provided under
section 4(a)(2))'' for clarity.
In clause (4), the words ''the
Commonwealth of'' are omitted as
surplus.
-CITE-
49 USC Sec. 5703 01/26/98
-EXPCITE-
TITLE 49 - TRANSPORTATION
SUBTITLE III - GENERAL AND INTERMODAL
PROGRAMS
CHAPTER 57 - SANITARY FOOD TRANSPORTATION
-HEAD-
Sec. 5703. General regulation
-STATUTE-
(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.
-SOURCE-
(Pub. L. 103-272, Sec. 1(d), July 5, 1994,
108 Stat. 855.)
-MISC1-
Historical and Revision
Notes
---------------------------------------------------------------------
Revised Section Source (U.S. Code)
Source (Statutes at
Large)
---------------------------------------------------------------------
5703(a)
49 App.:2803(a),
(d). Nov. 3, 1990, Pub.
L. 101-500, Sec. 4,
104 Stat. 1214.
5703(b) 49 App.:2803(b).
5703(c)
49 App.:2803(c)(1)
(1st sentence),
(2), (3).
5703(d) 49 App.:2803(c)(1)
(last sentence).
-------------------------------
In this chapter, the words ''the health
of'' are omitted as
surplus.
In subsection (a)(1), the words ''Not
later than July 31, 1991''
are substituted for ''The regulations
referred to in subsection
(a)(1) shall be issued within 270 days
after such date of
enactment'' in 49 App.:2803(d) because of
the restatement. The
text of 49 App.:2803(d) (1st sentence) is
omitted as executed. The
words ''In accordance with this chapter'',
''pursuant to a
rulemaking proceeding'', and ''when so
transported'' are omitted as
surplus.
The words ''either refuse or other'' are omitted as
unnecessary because of the definition of
''nonfood product'' in
section 5702 of the revised title.
In subsection (a)(2), before clause (A),
the word ''deem'' is
substituted for ''treat'' for consistency
in the revised title.
In subsection (b), before clause (1),
the words ''standards'' and
''and other provisions'' are omitted as
surplus. In clause (1),
the words ''to comply'' are substituted
for ''required to promote
compliance'' for consistency in this
subsection. In clause (2),
the word ''standards'' is omitted because
it is redundant to the
introductory language of this subsection. The words ''to comply
with'' are substituted for ''with respect
to'' for clarity and
consistency in this subsection.
In subsection (c), before clause (1),
the words ''standards'' and
''or other provisions'' are omitted as
surplus. The words ''any or
all of'' are omitted as unnecessary.
-SECREF-
SECTION REFERRED TO IN
OTHER SECTIONS
This section is referred to in sections
5702, 5704, 5705, 5706,
5709, 5713 of this title.
-CITE-
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.
-CITE-
49 USC Sec. 5705 01/26/98
-EXPCITE-
TITLE 49 - TRANSPORTATION
SUBTITLE III - GENERAL AND INTERMODAL
PROGRAMS
CHAPTER 57 - SANITARY FOOD TRANSPORTATION
-HEAD-
Sec. 5705. Motor and rail transportation
of nonfood products
-STATUTE-
(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.
-SOURCE-
(Pub. L. 103-272, Sec. 1(d), July 5, 1994,
108 Stat. 857.)
-MISC1-
Historical and Revision
Notes
---------------------------------------------------------------------
Revised Section Source (U.S. Code)
Source (Statutes at
Large)
---------------------------------------------------------------------
5705 49 App.:2805. Nov. 3, 1990, Pub.
L. 101-500, Sec. 6,
104 Stat. 1216.
-------------------------------
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.
-SECREF-
SECTION REFERRED TO IN
OTHER SECTIONS
This section is referred to in sections
5703, 5709 of this title.
-CITE-
49 USC Sec. 5706 01/26/98
-EXPCITE-
TITLE 49 - TRANSPORTATION
SUBTITLE III - GENERAL AND INTERMODAL
PROGRAMS
CHAPTER 57 - SANITARY FOOD TRANSPORTATION
-HEAD-
Sec. 5706. Dedicated vehicles
-STATUTE-
(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.
-SOURCE-
(Pub. L. 103-272, Sec. 1(d), July 5, 1994,
108 Stat. 857.)
-MISC1-
Historical and Revision
Notes
---------------------------------------------------------------------
Revised Section Source (U.S. Code)
Source (Statutes at
Large)
---------------------------------------------------------------------
5706 49 App.:2806. Nov. 3, 1990, Pub.
L. 101-500, Sec. 7,
104 Stat. 1216.
-------------------------------
In subsection (a), the words ''humans or
animals'' are
substituted for ''human or animal health''
for consistency in this
chapter.
-SECREF-
SECTION REFERRED TO IN
OTHER SECTIONS
This section is referred to in sections
5703, 5709 of this title.
-CITE-
49 USC Sec. 5707 01/26/98
-EXPCITE-
TITLE 49 - TRANSPORTATION
SUBTITLE III - GENERAL AND INTERMODAL
PROGRAMS
CHAPTER 57 - SANITARY FOOD TRANSPORTATION
-HEAD-
Sec. 5707. Waiver authority
-STATUTE-
(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.
-SOURCE-
(Pub. L. 103-272, Sec. 1(d), July 5, 1994,
108 Stat. 857.)
-MISC1-
Historical and Revision
Notes
---------------------------------------------------------------------
Revised Section Source (U.S. Code)
Source (Statutes at
Large)
---------------------------------------------------------------------
5707 49 App.:2807. Nov. 3, 1990, Pub.
L. 101-500, Sec. 8,
104 Stat. 1216.
-------------------------------
In subsection (a), before clause (1),
the words ''any part of''
are substituted for ''in whole or in
part'' for consistency in the
revised title. The words ''application of any provision of'' are
omitted as surplus. The word ''refuse'' is omitted as
unnecessary
because of the definition of ''nonfood
product'' in section 5702 of
the revised title. The word ''decides'' is substituted for
''determines'' for consistency in the
revised title. In clause
(2), the word ''otherwise'' is omitted as
surplus.
-SECREF-
SECTION REFERRED TO IN
OTHER SECTIONS
This section is referred to in section
5709 of this title.
-CITE-
49 USC Sec. 5708 01/26/98
-EXPCITE-
TITLE 49 - TRANSPORTATION
SUBTITLE III - GENERAL AND INTERMODAL
PROGRAMS
CHAPTER 57 - SANITARY FOOD TRANSPORTATION
-HEAD-
Sec. 5708. Food transportation inspections
-STATUTE-
(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.
-SOURCE-
(Pub. L. 103-272, Sec. 1(d), July 5, 1994,
108 Stat. 858.)
-MISC1-
Historical and Revision
Notes
---------------------------------------------------------------------
Revised Section Source (U.S. Code)
Source (Statutes at
Large)
---------------------------------------------------------------------
5708 49
App.:2808. Nov. 3, 1990, Pub.
L. 101-500, Sec. 9,
104 Stat. 1217.
-------------------------------
In subsections (a) and (c), the words
''authorized under section
31104 of this title'' are substituted for
''authorized under
sections 2302 through 2304 of this
Appendix to carry out the motor
carrier safety assistance program'' in 49
App.:2808(a) and ''under
the motor carrier safety assistance
program'' in 49 App.:2808(c)
for clarity and consistency in the revised
title.
-SECREF-
SECTION REFERRED TO IN
OTHER SECTIONS
This section is referred to in section
5709 of this title.
-CITE-
49 USC Sec. 5709 01/26/98
-EXPCITE-
TITLE 49 - TRANSPORTATION
SUBTITLE III - GENERAL AND INTERMODAL
PROGRAMS
CHAPTER 57 - SANITARY FOOD TRANSPORTATION
-HEAD-
Sec. 5709. Consultation
-STATUTE-
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.
-SOURCE-
(Pub. L. 103-272, Sec. 1(d), July 5, 1994,
108 Stat. 858.)
-MISC1-
Historical and Revision
Notes
---------------------------------------------------------------------
Revised Section Source (U.S. Code)
Source (Statutes at
Large)
---------------------------------------------------------------------
5709 (no source).
-------------------------------
This section is based on the language
about consultation in the
source provisions for several sections in
this chapter and is
created to avoid having to repeat in each
of those sections the
individuals with whom the Secretary is
required to consult in
carrying out those sections.
-SECREF-
SECTION REFERRED TO IN
OTHER SECTIONS
This section is referred to in sections
5703, 5704, 5705, 5706,
5707, 5708 of this title.
-CITE-
49 USC Sec. 5710 01/26/98
-EXPCITE-
TITLE 49 - TRANSPORTATION
SUBTITLE III - GENERAL AND INTERMODAL
PROGRAMS
CHAPTER 57 - SANITARY FOOD TRANSPORTATION
-HEAD-
Sec. 5710. Administrative
-STATUTE-
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.
-SOURCE-
(Pub. L. 103-272, Sec. 1(d), July 5, 1994,
108 Stat. 858.)
-MISC1-
Historical and Revision
Notes
---------------------------------------------------------------------
Revised Section Source (U.S. Code)
Source (Statutes at
Large)
---------------------------------------------------------------------
5710 49 App.:2809. Nov. 3, 1990, Pub.
L. 101-500, Sec.
10, 104 Stat. 1217.
-------------------------------
The words ''and authorities'' are
omitted as surplus. The words
''in regulating transportation under this
chapter'' are substituted
for ''under this chapter with respect to
transportation regulated
under this chapter'', and the words ''in
regulating transportation
under chapter 51 of this title'' are
substituted for ''with respect
to transportation regulated under such
chapter'', for consistency
and to eliminate unnecessary words.
-CITE-
49 USC Sec. 5711 01/26/98
-EXPCITE-
TITLE 49 - TRANSPORTATION
SUBTITLE III - GENERAL AND INTERMODAL
PROGRAMS
CHAPTER 57 - SANITARY FOOD TRANSPORTATION
-HEAD-
Sec. 5711. Enforcement and penalties
-STATUTE-
(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.
-SOURCE-
(Pub. L. 103-272, Sec. 1(d), July 5, 1994,
108 Stat. 858.)
-MISC1-
Historical and Revision
Notes
---------------------------------------------------------------------
Revised Section Source (U.S. Code)
Source (Statutes at
Large)
---------------------------------------------------------------------
5711(a) 49 App.:2810(b). Nov. 3, 1990, Pub.
L. 101-500, Sec.
11, 104 Stat. 1217.
5711(b) 49 App.:2810(a).
-------------------------------
This section is substituted for the
source provisions for
consistency and to eliminate unnecessary
words.
-SECREF-
SECTION REFERRED TO IN
OTHER SECTIONS
This section is referred to in section
5713 of this title.
-CITE-
49 USC Sec. 5712 01/26/98
-EXPCITE-
TITLE 49 - TRANSPORTATION
SUBTITLE III - GENERAL AND INTERMODAL
PROGRAMS
CHAPTER 57 - SANITARY FOOD TRANSPORTATION
-HEAD-
Sec. 5712. Relationship to other laws
-STATUTE-
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.
-SOURCE-
(Pub. L. 103-272, Sec. 1(d), July 5, 1994,
108 Stat. 859.)
-MISC1-
Historical and Revision
Notes
---------------------------------------------------------------------
Revised Section Source (U.S.
Code) Source (Statutes at
Large)
---------------------------------------------------------------------
5712 49 App.:2811. Nov. 3, 1990, Pub.
L. 101-500, Sec.
12, 104 Stat. 1218.
-------------------------------
This section is substituted for the
source provisions for
consistency and to eliminate unnecessary words.
-SECREF-
SECTION REFERRED TO IN
OTHER SECTIONS
This section is referred to in section
5713 of this title.
-CITE-
49 USC Sec. 5713 01/26/98
-EXPCITE-
TITLE 49 - TRANSPORTATION
SUBTITLE III - GENERAL AND INTERMODAL
PROGRAMS
CHAPTER 57 - SANITARY FOOD TRANSPORTATION
-HEAD-
Sec. 5713. Application of sections 5711
and 5712
-STATUTE-
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.
-SOURCE-
(Pub. L. 103-272, Sec. 1(d), July 5, 1994,
108 Stat. 859.)
-MISC1-
Historical and Revision
Notes
---------------------------------------------------------------------
Revised Section Source (U.S. Code)
Source (Statutes at
Large)
---------------------------------------------------------------------
5713 49 App.:2801 (note). Nov. 3, 1990, Pub.
L. 101-500, Sec.
14, 104 Stat.
1218.
-------------------------------
The words ''This Act shall take effect
on the date of enactment
of this Act'' are omitted as executed.
-CITE-
49 USC Sec. 5714 01/26/98
-EXPCITE-
TITLE 49 - TRANSPORTATION
SUBTITLE III - GENERAL AND INTERMODAL
PROGRAMS
CHAPTER 57 - SANITARY FOOD TRANSPORTATION
-HEAD-
Sec. 5714. Coordination procedures
-STATUTE-
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.
-SOURCE-
(Pub. L. 103-272, Sec. 1(d), July 5, 1994,
108 Stat. 859.)
-MISC1-
Historical and Revision
Notes
---------------------------------------------------------------------
Revised Section Source (U.S. Code)
Source (Statutes at
Large)
---------------------------------------------------------------------
5714 49 App.:2812. Nov. 3, 1990, Pub.
L. 101-500, Sec.
13, 104 Stat. 1218.
-------------------------------
-CITE-
Questions or comments? Email Charles Lake