---
kind: "section"
citation: "21 C.F.R. § 1.902"
title: "21"
number: "1.902"
heading: "How do the criteria and definitions in this subpart apply under the Federal Food, Drug, and Cosmetic Act?"
url: "https://uscodex.org/cfr/21/1.902"
---

# §1.902. How do the criteria and definitions in this subpart apply under the Federal Food, Drug, and Cosmetic Act?

- (a) The criteria and definitions of this subpart apply in determining whether food is adulterated within the meaning of [section 402(i)](/cfr/21/402.md?p=i) of the Federal Food, Drug, and Cosmetic Act in that the food has been transported or offered for transport by a shipper, carrier by motor vehicle or rail vehicle, loader, or receiver engaged in transportation operations under conditions that are not in compliance with this subpart.
- (b) The failure by a shipper, carrier by motor vehicle or rail vehicle, loader, or receiver engaged in transportation operations to comply with the requirements of this subpart is a prohibited act under [section 301(hh)](/cfr/21/301.md?p=hh) of the Federal Food, Drug, and Cosmetic Act.

## Notes

### Source

Source: 81 FR 20166, Apr. 6, 2016, unless otherwise noted.

### Authority

Authority: 15 U.S.C. 1333, 1453, 1454, 1455, 4402; 19 U.S.C. 1490, 1491; 21 U.S.C. 321, 331, 332, 333, 334, 335a, 342, 343, 350c, 350d, 350j, 352, 355, 360b, 360ccc, 360ccc-1, 360ccc-2, 362, 371, 374, 381, 382, 384a, 387, 387a, 387c, 393, and 2223; 42 U.S.C. 216, 241, 243, 262, 264, 271.

### Source

Source: 42 FR 15553, Mar. 22, 1977, unless otherwise noted.