# § 345. Regulations making exemptions
The Secretary shall promulgate regulations exempting from any labeling requirement of this chapter (1) small open containers of fresh fruits and fresh vegetables and (2) food which is, 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 food is not adulterated or misbranded under the provisions of this chapter upon removal from such processing, labeling, or repacking establishment. This section does not apply to the labeling requirements of sections 343(q) and 343(r) of this title.
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**Source Credit**: (June 25, 1938, ch. 675, § 405, 52 Stat. 1049; Pub. L. 101–535, § 5(a), Nov. 8, 1990, 104 Stat. 2362.)
## Editorial Notes
### Amendments
1990— inserted at end “This section does not apply to the labeling requirements of sections 343(q) and 343(r) of this title.”
## Statutory Notes and Related Subsidiaries
### Effective Date of 1990 Amendment
Amendment by effective six months after the date of the promulgation of final regulations to implement , or if such regulations are not promulgated, the date proposed regulations are to be considered as such final regulations (), with exception for persons marketing food the brand name of which contains a term defined by the Secretary under , see , set out as a note under .
### Construction of Amendments by Pub. L. 101–535
Amendments by not to be construed to alter authority of Secretary of Health and Human Services and Secretary of Agriculture under the Federal Food, Drug, and Cosmetic Act ( et seq.), the Federal Meat Inspection Act ( et seq.), the Poultry Products Inspection Act ( et seq.), and the Egg Products Inspection Act ( et seq.), see , set out as a note under .
## 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 .