---
kind: "section"
citation: "21 U.S.C. § 363"
title: "21"
title_heading: "Food and Drugs"
number: "363"
heading: "Regulations making exemptions"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/21/363"
units:
  - "Chapter 9 — Federal Food, Drug, and Cosmetic Act"
  - "Subchapter VI — Cosmetics"
---

# §363. Regulations making exemptions


The [Secretary](/usc/21/321.md?p=d) shall promulgate regulations exempting from any [labeling](/usc/21/321.md?p=m) requirement of this chapter [cosmetics](/usc/21/321.md?p=i) which are, in accordance with the practice of the trade, to be processed, labeled, or repacked in substantial quantities at establishments other than those where originally processed or packed, on condition that such [cosmetics](/usc/21/321.md?p=i) are not adulterated or misbranded under the provisions of this chapter upon removal from such processing, [labeling](/usc/21/321.md?p=m), or repacking establishment.


## Source credit

(June 25, 1938, ch. 675, § 603, 52 Stat. 1054.)

## Notes

### Executive Documents

### Transfer of Functions

For transfer of functions of Federal Security Administrator to Secretary of Health, Education, and Welfare [now Health and Human Services], and of Food and Drug Administration in the Department of Agriculture to Federal Security Agency, see notes set out under section 321 of this title.