Law Library

SUBCHAPTER IX - MISCELLANEOUS

§ 391. Separability clause.

If any provision of this chapter is declared unconstitutional, or the applicability thereof to any person or circumstances is held invalid, the constitutionality of the remainder of the chapter and the applicability thereof to other persons and circumstances shall not be affected thereby.

§ 392. Exemption of meats and meat food products.

  • (a) Law determinative of exemption

Meats and meat food products shall be exempt from the provisions of this chapter to the extent of the application or the extension thereto of the Meat Inspection Act, approved March 4, 1907, as amended (21 U.S.C. 601 et seq.).

  • (b) Laws unaffected

Nothing contained in this chapter shall be construed as in any way affecting, modifying, repealing, or superseding the provisions of section 351 of Public Health Service Act (42 U.S.C. 262) (relating to viruses, serums, toxins, and analogous products applicable to man); the virus, serum, toxin, and analogous products provisions, applicable to domestic animals, of the Act of Congress approved March 4, 1913 (21 U.S.C. 151 et seq.); the Filled Cheese Act of June 6, 1896 (U.S.C., 1934 ed., title 26, ch. 10), the Filled Milk Act of March 4, 1923 (21 U.S.C. 61 et seq.); or the Import Milk Act of February 15, 1927 (21 U.S.C. 141 et seq.).

§ 393. Food and Drug Administration.

  • (a) In general

There is established in the Department of Health and Human Services the Food and Drug Administration (hereinafter in this section referred to as the ''Administration'').

  • (b) Commissioner
    • (1) Appointment
  • There shall be in the Administration a Commissioner of Food and Drugs (hereinafter in this section referred to as the ''Commissioner'') who shall be appointed by the President by and with the advice and consent of the Senate.
    • (2) General powers
  • The Secretary, through the Commissioner, shall be responsible for executing this chapter and for -
    • (A) providing overall direction to the Food and Drug Administration and establishing and implementing general policies respecting the management and operation of programs and activities of the Food and Drug Administration;
    • (B) coordinating and overseeing the operation of all administrative entities within the Administration;
    • (C) research relating to foods, drugs, cosmetics, and devices in carrying out this chapter;
    • (D) conducting educational and public information programs relating to the responsibilities of the Food and Drug Administration; and
    • (E) performing such other functions as the Secretary may prescribe.
  • (c) Technical and scientific review groups

The Secretary through the Commissioner of Food and Drugs may, without regard to the provisions of title 5 governing appointments in the competitive service and without regard to the provisions of chapter 51 and subchapter III of chapter 53 of such title relating to classification and General Schedule pay rates, establish such technical and scientific review groups as are needed to carry out the functions of the Administration, including functions under this chapter, and appoint and pay the members of such groups, except that officers and employees of the United States shall not receive additional compensation for service as members of such groups.

§ 394. Scientific review groups.

Without regard to the provisions of title 5 governing appointments in the competitive service and without regard to the provisions of chapter 51 and subchapter III of chapter 53 of such title relating to classification and General Schedule pay rates, the Commissioner of Food and Drugs may -

  • (1) establish such technical and scientific review groups as are needed to carry out the functions of the Food and Drug Administration (including functions prescribed under this chapter); and
  • (2) appoint and pay the members of such groups, except that officers and employees of the United States shall not receive additional compensation for service as members of such groups.

§ 395. Loan repayment program.

  • (a) In general
    • (1) Authority for program - Subject to paragraph (2), the Secretary shall carry out a program of entering into contracts with appropriately qualified health professionals under which such health professionals agree to conduct research, as employees of the Food and Drug Administration, in consideration of the Federal Government agreeing to repay, for each year of such service, not more than $20,000 of the principal and interest of the educational loans of such health professionals.
    • (2) Limitation- The Secretary may not enter into an agreement with a health professional pursuant to paragraph (1) unless such professional -
      • (A) has a substantial amount of educational loans relative to income; and
      • (B) agrees to serve as an employee of the Food and Drug Administration for purposes of paragraph (1) for a period of not less than 3 years.
  • (b) Applicability of certain provisions - With respect to the National Health Service Corps Loan Repayment Program established in subpart III of part D of title III of the Public Health Service Act (42 U.S.C. 254l et seq.), the provisions of such subpart shall, except as inconsistent with subsection (a) of this section, apply to the program established in such subsection in the same manner and to the same extent as such provisions apply to the National Health Service Corps Loan Repayment Program.
  • (c) Authorization of appropriations - For the purpose of carrying out this section, there are authorized to be appropriated such sums as may be necessary for each of the fiscal years 1994 through 1996.