49 USC 2803 TITLE 49 - Transpotation, APPENDIX
CHAPTER 37 Sec. 2803, Regulations: (a) In general (1) Responsibility of
Secretary In accordance with this chapter, the Secretary, in consultation
with the Secretary of Agriculture, the Secretary of Health and Human Serviced, and the Administrator of the Environmental Protection Agency, shall issue regulations, persuant to a rulemaking proceeding, with respect to the
transportation of food, food additives, drugs, devices, and cosmetics in
motor vehicles and rail vehicles which are used to transport either refuse or other nonfood products which, when so transported, would make such food, food additives, drugs, devices, or cosmetics unsafe to the health of humans or animals.
(2) Treatment as nonfood products If a drug, device, or cosmetic is
transported in a motor or rail vehicle at the same time or before a food or food additive is transported in such vehicle, the Secretary shall treat such drug, device, or cosmetic as a nonfood product if such transportation would make such food or food additive unsage to the health of humans or animals. (b) Special requirements In issuing regulations under subsection (a)(1) of this section, the Secretary, in consultation with the Secretary of
Agriculture, the Secretary of Health and Human Services, and the Administrator of the Environmental Protection Agency, shall establish standards, requirements, and other provisions relating to - (1)
appropriate recordkeeping, identification, marking, certificartion, or other
means of verification required to promote compliance with the requirements of sections 2804, 2805, and 2806 of this Appendix; (2) appropriate rdecontamination, removal, disposal, and isolation standards with respect to regulations implememting section 2804 and 2805 of this Appendix; and (3) appropriate materials for construction of tank trucks, rail tank cars, cargo tanks, and accessory equipment to comply with regulations implementing section 2804 of this Apendix. (c) Considerations In issuing regulations under subsection
(a)(1) of this section, the Secretary, in consultation with the Secretary of
Agriculture, the Secretary of Health and Human Services, and the Administrator of the Environmental Protection Agency, shall consider each of the following and may establish standards, requirements, or other provisions relating to any or all of the following: (1) The extant to which packaging or similar means of protecting and isolating commodities are adequate to ameliorate or eliminate the potential risks of transporting food, food additives, drugs, devices, or cosmetics in motor vehicles or rail vehicles used to transport nonfood products. If packaging standards are found to be adequate by the Secretary, regulations issued under
subsection (a)(1) of this section shall not apply to food, food additives,
drugs, devices, or cosmetics or nonfood products which are packaged in packages which meet such standards.
(2) Appropriate compliance and enforcement measures for carring out this chapter. (3) Appropriate minimum insurance or other liability requirements for any person covered by this chapter. (d) Deadlines The rulemaking
proceeding referred to in subsection (a)(1) of this section shall be
initiated within 30 days after November 3, 1990. The regulations referred to in subsection (a)(1) of this section shall be issued within 270 days
after November 3, 1990. SECTION REFERRED TO IN OTHER SECTIONS This section
is referred to sections 2802, 2804, 2805, 2806 if this Appendix.