In this section:
The term "bulk vehicle" includes a tank truck, hopper truck, rail tank car, hopper car, cargo tank, portable tank, freight container, or hopper bin, and any other vehicle in which food is shipped in bulk, with the food coming into direct contact with the vehicle.
The term "transportation" means any movement in commerce by motor vehicle or rail vehicle.
The Secretary shall by regulation require shippers, carriers by motor vehicle or rail vehicle, receivers, and other persons engaged in the transportation of food to use sanitary transportation practices prescribed by the Secretary to ensure that food is not transported under conditions that may render the food adulterated.
The regulations under subsection (b) shall-
The Secretary may waive any requirement under this section, with respect to any class of persons, vehicles, food, or nonfood products, if the Secretary determines that the waiver-
The Secretary shall publish in the Federal Register any waiver and the reasons for the waiver.
A requirement of a State or political subdivision of a State that concerns the transportation of food is preempted if-
This subsection applies to transportation that occurs on or after the effective date of the regulations promulgated under subsection (b).
The Secretary of Transportation, the Secretary of Agriculture, the Administrator of the Environmental Protection Agency, and the heads of other Federal agencies, as appropriate, shall provide assistance on request, to the extent resources are available, to the Secretary for the purposes of carrying out this section.
21 U.S.C. § 350e
STATUTORY NOTES AND RELATED SUBSIDIARIES
EFFECTIVE DATESection effective Oct. 1, 2005, see section 7204 of Pub. L. 109-59 set out as an Effective Date of 2005 Amendment note under section 331 of this title.
REGULATIONS Pub. L. 111-353, title I, §111(a), Jan. 4, 2011, 124 Stat. 3916, provided that: "Not later than 18 months after the date of enactment of this Act [Jan. 4, 2011], the Secretary shall promulgate regulations described in section 416(b) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 350e(b))."