52 STAT.] 75r1 C(ONG. , 3 D SESS.-CH. 675-JUNE 25, 1938 CHAPTER IX-MISCELLANEOUS SEPARABILITY CLAUSE SEC. 901. If any provision of this Act is declared unconstitutional, or the applicability thereof to any person or circumstances is held invalid, the constitutionality of the remainder of the Act and the applicability thereof to other persons and circumstances shall not be affected thereby. EFFECTIVE DATE AND REPEALS 1059 Chapter IX-Mis- cellaneous. Separability clause. SEC. 902. (a) This Act shall take effect twelve months after the Effective date and date of its enactment. The Federal Food and Drugs Act of June 30, 3tat. 7s. sa21 U. S8 .C. II1-16 1906, as amended (U. S. C., 1934 ed., title 21, sees. 1 -15), shall remain s21 U.. .6 1-i 1
in force until such effective date, and, except as otherwise provided in this subsection, is hereby repealed effective upon such date: Pro- R tisos. ided, That the provisions of section 701 shall become effective on the hearings. and enactment of this Act, and thereafter the Secretary is authorized Antep. 10. 6 hereby to (1) conduct hearings and to promulgate regulations which shall become effective on or after the effective date of this Act as the Secretary shall direct, and (2) designate prior to the effective date of this Act food having common or usual names and exempt such food from the requirements of clause (2) of section 403 (i) for a Antep.1048 . reasonable time to permit the formulation, promulgation, and effec- tive application of definitions and standards of identity therefor as Ante, p. 10. provided by section 401: Provided further, That sections 502 (j), signated provi- sionsimmediate ly fin 505, and 601 (a), and all other provisions of this Act to the extent fore; eceptions. that they may relate to the enforcement of such sections, shall take loA't pp. 1051 , '106 effect on the date of the enactment of this Act, except that in the case of a cosmetic to which the proviso of section 601 (a) relates, such cosmetic shall not, prior to the ninetieth day after such date of enact- ment, be deemed adulterated by reason of the failure of its label to bear the legend prescribed in such proviso: Provided further, That APPlicabilityoftdes- the Act of March 4, 1923 (U. S . C ., 1934 ed., title 21, sec. 6; 42 Stat. Defnitionofbutter. 1500, ch. 268), defining butter and providing a standard therefor; 21u.s C. 6. 41t Wrappedm. the Act of July 24, 1919 (U. S. C., 1934 ed., title 21, sec. 10; 41 Stat. Wraped nre. 271, ch. 26), defining wrapped meats as in package form; and the 41 Stat. 271. amendment to the Food and Drugs Act, section 10A, approved SaU. iooC.r10. apve sectiSea foodregulatio .. August 27, 1935 (U. S . C ., 1934 ed., Sup. III, title 21, sec. 14a), shall 49Stat. 871. 21 U. S. C., Supp. remain in force and effect and be applicable to the provisions of this 11:,I 4.a . " Act. (b) Meats and meat food products shall be exempt from the provi- f Olpts al meat sions of this Act to the extent of the application or the extension thereto of the Meat Inspection Act, approved March 4, 1907, as 34 Stat. 1260 amended (U. S . C., 1934 ed., title 21, sees. 71 -91; 34 Stat. 1260 et seq.) . 21U. 8.C. 71 - (c) Nothing contained in this Act shall be construed as in any way Virus, serum and affecting, modifying, repealing, or superseding the provisions of the t3oin Act. virus, serum, and toxin Act of July 1, 1902 (U. S . C., 1934 ed., title 42 . . C. ch. 4 . 42, chap. 4); the Filled Cheese Act of June 6, 1896 (U. S . C ., 1934 Flled Cheese Act. ed., title 26, ch. 10), the Filled Milk Act of March 4, 1923 (U. S. C., 2US . 10. 1934 ed., title 21, ch. 3, secs. 61-63); or the Import Milk Act of Febru- Filed M l Act. ary 15, 1927 (U. S. C., 1934 ed., title 21, ch. 4, sees. 141-149). 2 S. C., ch.3 . (d) In order to carry out the provisions of this Act which take 44 Stat. 1101. effect prior to the repeal of the Food and Drugs Act of June 30, 1906, 21 U. s. C- 141- as amended, appropriations available for the enforcement of such Act Appropriations of June 30, 1906, are also authorized to be made available to carry out aAntbe 72. such provisions. Approved, June 25, 1938.
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