---
kind: "section"
citation: "21 U.S.C. § 350e"
title: "21"
title_heading: "Food and Drugs"
number: "350e"
heading: "Sanitary transportation practices"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/21/350e"
units:
  - "Chapter 9 — Federal Food, Drug, and Cosmetic Act"
  - "Subchapter IV — Food"
---

# §350e. Sanitary transportation practices

- (a) **Definitions—** In this section:
  - (1) **Bulk vehicle—** 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](/usc/21/321.md?p=f) is shipped in bulk, with the [food](/usc/21/321.md?p=f) coming into direct contact with the vehicle.
  - (2) **Transportation—** The term “transportation” means any movement in [commerce](/usc/21/360hh.md?p=4) by motor vehicle or rail vehicle.
- (b) **Regulations—** The [Secretary](/usc/21/321.md?p=d) shall by regulation require shippers, carriers by motor vehicle or rail vehicle, receivers, and other [persons](/usc/21/321.md?p=e) engaged in the transportation of [food](/usc/21/321.md?p=f) to use sanitary transportation practices prescribed by the [Secretary](/usc/21/321.md?p=d) to ensure that [food](/usc/21/321.md?p=f) is not transported under conditions that may render the [food](/usc/21/321.md?p=f) adulterated.
- (c) **Contents—** The regulations under [subsection (b)](#b) shall—
  - (1) prescribe such practices as the [Secretary](/usc/21/321.md?p=d) determines to be appropriate relating to—
    - (A) sanitation;
    - (B) packaging, isolation, and other protective measures;
    - (C) limitations on the use of vehicles;
    - (D) information to be disclosed—
      - (i) to a carrier by a [person](/usc/21/321.md?p=e) arranging for the transport of [food](/usc/21/321.md?p=f); and
      - (ii) to a [manufacturer](/usc/21/360hh.md?p=3) or other [person](/usc/21/321.md?p=e) that—
        - (I) arranges for the transportation of [food](/usc/21/321.md?p=f) by a carrier; or
        - (II) furnishes a tank vehicle or bulk vehicle for the transportation of [food](/usc/21/321.md?p=f); and
    - (E) recordkeeping; and
  - (2) include—
    - (A) a list of nonfood [products](/usc/21/360eee.md?p=13) that the [Secretary](/usc/21/321.md?p=d) determines may, if shipped in a bulk vehicle, render adulterated [food](/usc/21/321.md?p=f) that is subsequently transported in the same vehicle; and
    - (B) a list of nonfood [products](/usc/21/360eee.md?p=13) that the [Secretary](/usc/21/321.md?p=d) determines may, if shipped in a motor vehicle or rail vehicle (other than a tank vehicle or bulk vehicle), render adulterated [food](/usc/21/321.md?p=f) that is simultaneously or subsequently transported in the same vehicle.
- (d) **Waivers—**
  - (1) **In general—** The [Secretary](/usc/21/321.md?p=d) may waive any requirement under this section, with respect to any class of [persons](/usc/21/321.md?p=e), vehicles, [food](/usc/21/321.md?p=f), or nonfood [products](/usc/21/360eee.md?p=13), if the [Secretary](/usc/21/321.md?p=d) determines that the waiver—
    - (A) will not result in the transportation of [food](/usc/21/321.md?p=f) under conditions that would be unsafe for human or animal health; and
    - (B) will not be contrary to the public interest.
  - (2) **Publication—** The [Secretary](/usc/21/321.md?p=d) shall publish in the Federal Register any waiver and the reasons for the waiver.
- (e) **Preemption—**
  - (1) **In general—** A requirement of a [State](/usc/21/321.md?p=a-1) or political subdivision of a [State](/usc/21/321.md?p=a-1) that concerns the transportation of [food](/usc/21/321.md?p=f) is preempted if—
    - (A) complying with a requirement of the [State](/usc/21/321.md?p=a-1) or political subdivision and a requirement of this section, or a regulation prescribed under this section, is not possible; or
    - (B) the requirement of the [State](/usc/21/321.md?p=a-1) or political subdivision as applied or enforced is an obstacle to accomplishing and carrying out this section or a regulation prescribed under this section.
  - (2) **Applicability—** This subsection applies to transportation that occurs on or after the effective date of the regulations promulgated under [subsection (b)](#b).
- (f) **Assistance of other agencies—** The [Secretary](/usc/21/321.md?p=d) of Transportation, the [Secretary](/usc/21/321.md?p=d) of Agriculture, the [Administrator](/usc/21/321.md?p=hh) 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](/usc/21/321.md?p=d) for the purposes of carrying out this section.

## Source credit

(June 25, 1938, ch. 675, § 416, as added Pub. L. 109–59, title VII, § 7202(b), Aug. 10, 2005, 119 Stat. 1911.)

## Notes

### Statutory Notes and Related Subsidiaries

### Effective Date

Section 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)).”