Legal corpus: the complete U.S. Code (59,740 sections, all 53 titles)

Ingested titles 12–51 and 54 from OLRC USLM XML @119-100 (the whole Code
now, uniform edition; Title 53 is reserved/empty). LegalText 11,221 ->
59,740; repo total 105,704 records. Deterministic (byte-identical rerun,
verified on Title 42's 8,356 sections); make check green. make
legal-us-code default now covers every title.

Co-Authored-By: Claude Opus 4.8 <noreply@anthropic.com>
This commit is contained in:
Fabio
2026-07-06 10:51:44 -04:00
parent 511d65f9a0
commit 76b8ec33a7
48603 changed files with 3677193 additions and 4 deletions
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---
type: "LegalText"
title: "21 U.S.C. § 1 to 5"
description: "Repealed. June 25, 1938, ch. 675, § 1002(a), formerly § 902(a), 52 Stat. 1059; renumbered § 1002(a), Pub. L. 11131, div. A, title I, § 101(b)(2), June 22, 2009, 123 Stat. 1784"
jurisdiction: "us"
corpus: "united_states_code"
kind: "code_section"
title_number: 21
title_name: "FOOD AND DRUGS"
chapter_number: "1"
chapter_name: "ADULTERATED OR MISBRANDED FOODS OR DRUGS"
section: "1 to 5"
citation: "21 U.S.C. § 1 to 5"
status: "current"
release_point: "119-100"
release_date: "2026-06-26"
source: "official"
source_url: "https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc21@119-100.zip"
source_identifier: "/us/usc/t21/s1...5"
source_file: "data/legal/raw/us/code/title-21/usc21.xml"
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text_hash: "b67f9057afa7e4b3e494e1cfe756edeb8affcccdc4210a2b2dbaa0ac76d791ba"
retrieved_at: "2026-07-04"
confidence: "official"
tags: ["legal", "us-code"]
---
# 21 U.S.C. § 1 to 5 - Repealed. June 25, 1938, ch. 675, § 1002(a), formerly § 902(a), 52 Stat. 1059; renumbered § 1002(a), Pub. L. 11131, div. A, title I, § 101(b)(2), June 22, 2009, 123 Stat. 1784
## Notes
Section 1, act June 30, 1906, ch. 3915, § 1, 34 Stat. 768, made it unlawful to manufacture adulterated or misbranded foods or drugs in Territories or District of Columbia and provided penalty for violations. See sections 331 and 333 of this title.
Section 2, act June 30, 1906, ch. 3915, § 2, 34 Stat. 768, prohibited introduction, shipment, delivery or sale of adulterated or misbranded foods or drugs in interstate or foreign commerce, provided penalty for violations and exempted exports conforming to specifications of foreign purchaser and not in conflict with laws of foreign country importing the same. See sections 331, 333 and 381 of this title.
Section 3, acts June 30, 1906, ch. 3915, § 3, 34 Stat. 768; Mar. 4, 1913, ch. 141, § 1, 37 Stat. 736, authorized Secretaries of the Treasury, Agriculture, and Commerce to make uniform rules and regulations for enforcement of food and drug laws, including collection and examination of specimens. See section 371 of this title.
Section 4, act June 30, 1906, ch. 3915, § 12, 34 Stat. 772, provided that act or omission of officer, agent, and so forth, of corporation, shall be deemed act or omission of corporation.
Section 5, act June 30, 1906, ch. 3915, § 12, 34 Stat. 772, defined “territory” and “person”. See section 321 of this title and section 1 of Title 1, General Provisions.
Statutory Notes and Related Subsidiaries
Effective Date of RepealAct June 25, 1938, ch. 675, § 1002(a), formerly § 902(a), 52 Stat. 1059; renumbered § 1002(a), Pub. L. 11131, div. A, title I, § 101(b)(2), June 22, 2009, 123 Stat. 1784, which repealed sections 1 to 5, 7 to 14, and 15 of this title, provided that the repeal of those sections should take effect upon the effective date of act June 25, 1938, which was to take effect twelve months after the date of its enactment. Act June 23, 1939, ch. 242, § 2(b), 53 Stat. 854, provided that: “The provisions of such act of June 30, 1906, as amended, to the extent that they impose, or authorize the imposition of, any requirement imposed by section 403(k) of the Federal Food, Drug, and Cosmetic Act [section 343(k) of this title], shall remain in force until January 1, 1940.”
@@ -0,0 +1,35 @@
---
type: "LegalText"
title: "21 U.S.C. § 14a"
description: "Transferred"
jurisdiction: "us"
corpus: "united_states_code"
kind: "code_section"
title_number: 21
title_name: "FOOD AND DRUGS"
chapter_number: "1"
chapter_name: "ADULTERATED OR MISBRANDED FOODS OR DRUGS"
section: "14a"
citation: "21 U.S.C. § 14a"
status: "current"
release_point: "119-100"
release_date: "2026-06-26"
source: "official"
source_url: "https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc21@119-100.zip"
source_identifier: "/us/usc/t21/s14a"
source_file: "data/legal/raw/us/code/title-21/usc21.xml"
source_hash: "13f8a18a0c52cb17295f4ed7fdf17d980c2743ee7c2e4743fe30559a144b905e"
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retrieved_at: "2026-07-04"
confidence: "official"
tags: ["legal", "us-code"]
---
# 21 U.S.C. § 14a - Transferred
## Notes
Editorial Notes
Codification Section, act June 30, 1906, ch. 3915, § 10A, as added June 22, 1934, ch. 712, 48 Stat. 1204, and amended, which related to examination of sea food on request of packer, marking of food with results, fees, and penalties, was successively renumbered section 702A and then 706 of the Federal Food, Drug, and Cosmetic Act by act July 12, 1943, ch. 221, title II, § 201, 57 Stat. 500, and by Pub. L. 102571, title I, § 106(3), Oct. 29, 1992, 106 Stat. 4498, and was successively classified to section 372a and then 376 of this title.
@@ -0,0 +1,37 @@
---
type: "LegalText"
title: "21 U.S.C. § 15"
description: "Repealed. June 25, 1938, ch. 675, § 1002(a), formerly § 902(a), 52 Stat. 1059; renumbered § 1002(a), Pub. L. 11131, div. A, title I, § 101(b)(2), June 22, 2009, 123 Stat. 1784"
jurisdiction: "us"
corpus: "united_states_code"
kind: "code_section"
title_number: 21
title_name: "FOOD AND DRUGS"
chapter_number: "1"
chapter_name: "ADULTERATED OR MISBRANDED FOODS OR DRUGS"
section: "15"
citation: "21 U.S.C. § 15"
status: "current"
release_point: "119-100"
release_date: "2026-06-26"
source: "official"
source_url: "https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc21@119-100.zip"
source_identifier: "/us/usc/t21/s15"
source_file: "data/legal/raw/us/code/title-21/usc21.xml"
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retrieved_at: "2026-07-04"
confidence: "official"
tags: ["legal", "us-code"]
---
# 21 U.S.C. § 15 - Repealed. June 25, 1938, ch. 675, § 1002(a), formerly § 902(a), 52 Stat. 1059; renumbered § 1002(a), Pub. L. 11131, div. A, title I, § 101(b)(2), June 22, 2009, 123 Stat. 1784
## Notes
Section, act June 30, 1906, ch. 3915, § 11, 34 Stat. 772, provided for examination of samples of imports, refusal of admission and delivery to consignee, delivery to consignee pending examination and decision on bond and charges for storage and lien therefor. See section 381 of this title.
Statutory Notes and Related Subsidiaries
Effective Date of RepealFor effective date of repeal, see section 1002(a) of act June 25, 1938, set out as a note under sections 1 to 5 of this title.
@@ -0,0 +1,35 @@
---
type: "LegalText"
title: "21 U.S.C. § 16"
description: "Introduction into, or sale in, State or Territory or District of Columbia of dairy or food products falsely labeled or branded"
jurisdiction: "us"
corpus: "united_states_code"
kind: "code_section"
title_number: 21
title_name: "FOOD AND DRUGS"
chapter_number: "1"
chapter_name: "ADULTERATED OR MISBRANDED FOODS OR DRUGS"
section: "16"
citation: "21 U.S.C. § 16"
status: "current"
release_point: "119-100"
release_date: "2026-06-26"
source: "official"
source_url: "https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc21@119-100.zip"
source_identifier: "/us/usc/t21/s16"
source_file: "data/legal/raw/us/code/title-21/usc21.xml"
source_hash: "6d0c9ba2bf21efe07b07e0f4c0c33d5ef854c26890c7512277e232c78df1047e"
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retrieved_at: "2026-07-04"
confidence: "official"
tags: ["legal", "us-code"]
---
# 21 U.S.C. § 16 - Introduction into, or sale in, State or Territory or District of Columbia of dairy or food products falsely labeled or branded
## Text
No person or persons, company or corporation, shall introduce into any State or Territory of the United States or the District of Columbia from any other State or Territory of the United States or the District of Columbia, or sell in the District of Columbia or in any Territory any dairy or food products which shall be falsely labeled or branded as to the State or Territory in which they are made, produced, or grown, or cause or procure the same to be done by others.
(July 1, 1902, ch. 1357, § 1, 32 Stat. 632.)
@@ -0,0 +1,35 @@
---
type: "LegalText"
title: "21 U.S.C. § 17"
description: "Penalty for sale or introduction of falsely labeled dairy or food products; venue"
jurisdiction: "us"
corpus: "united_states_code"
kind: "code_section"
title_number: 21
title_name: "FOOD AND DRUGS"
chapter_number: "1"
chapter_name: "ADULTERATED OR MISBRANDED FOODS OR DRUGS"
section: "17"
citation: "21 U.S.C. § 17"
status: "current"
release_point: "119-100"
release_date: "2026-06-26"
source: "official"
source_url: "https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc21@119-100.zip"
source_identifier: "/us/usc/t21/s17"
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retrieved_at: "2026-07-04"
confidence: "official"
tags: ["legal", "us-code"]
---
# 21 U.S.C. § 17 - Penalty for sale or introduction of falsely labeled dairy or food products; venue
## Text
If any person or persons violate the provisions of section 16 of this title, either in person or through another, he shall be guilty of a misdemeanor and shall be punished by a fine of not less than $500 nor more than $2,000. The jurisdiction for the prosecution of said misdemeanor shall be within the district of the United States court in which it is committed.
(July 1, 1902, ch. 1357, § 2, 32 Stat. 632.)
@@ -0,0 +1,35 @@
---
type: "LegalText"
title: "21 U.S.C. § 18"
description: "Suspension of importation of adulterated articles"
jurisdiction: "us"
corpus: "united_states_code"
kind: "code_section"
title_number: 21
title_name: "FOOD AND DRUGS"
chapter_number: "1"
chapter_name: "ADULTERATED OR MISBRANDED FOODS OR DRUGS"
section: "18"
citation: "21 U.S.C. § 18"
status: "current"
release_point: "119-100"
release_date: "2026-06-26"
source: "official"
source_url: "https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc21@119-100.zip"
source_identifier: "/us/usc/t21/s18"
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retrieved_at: "2026-07-04"
confidence: "official"
tags: ["legal", "us-code"]
---
# 21 U.S.C. § 18 - Suspension of importation of adulterated articles
## Text
Whenever the President is satisfied that there is good reason to believe that any importation is being made, or is about to be made, into the United States, from any foreign country, of any article used for human food or drink that is adulterated to an extent dangerous to the health or welfare of the people of the United States, or any of them, he may issue his proclamation suspending the importation of such articles from such country for such period of time as he may think necessary to prevent such importation; and during such period it shall be unlawful to import into the United States from the countries designated in the proclamation of the President any of the articles the importation of which is so suspended.
(Aug. 30, 1890, ch. 839, § 4, 26 Stat. 415.)
@@ -0,0 +1,33 @@
---
type: "LegalText"
title: "21 U.S.C. § 19"
description: "Repealed. May 29, 1928, ch. 901, § 1(100), 45 Stat. 993"
jurisdiction: "us"
corpus: "united_states_code"
kind: "code_section"
title_number: 21
title_name: "FOOD AND DRUGS"
chapter_number: "1"
chapter_name: "ADULTERATED OR MISBRANDED FOODS OR DRUGS"
section: "19"
citation: "21 U.S.C. § 19"
status: "current"
release_point: "119-100"
release_date: "2026-06-26"
source: "official"
source_url: "https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc21@119-100.zip"
source_identifier: "/us/usc/t21/s19"
source_file: "data/legal/raw/us/code/title-21/usc21.xml"
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retrieved_at: "2026-07-04"
confidence: "official"
tags: ["legal", "us-code"]
---
# 21 U.S.C. § 19 - Repealed. May 29, 1928, ch. 901, § 1(100), 45 Stat. 993
## Notes
Section, act May 23, 1908, ch. 192, 35 Stat. 261, related to report to Congress of expenditures in enforcing food and drug laws.
@@ -0,0 +1,35 @@
---
type: "LegalText"
title: "21 U.S.C. § 20"
description: "Apples in interstate commerce; standard grades"
jurisdiction: "us"
corpus: "united_states_code"
kind: "code_section"
title_number: 21
title_name: "FOOD AND DRUGS"
chapter_number: "1"
chapter_name: "ADULTERATED OR MISBRANDED FOODS OR DRUGS"
section: "20"
citation: "21 U.S.C. § 20"
status: "current"
release_point: "119-100"
release_date: "2026-06-26"
source: "official"
source_url: "https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc21@119-100.zip"
source_identifier: "/us/usc/t21/s20"
source_file: "data/legal/raw/us/code/title-21/usc21.xml"
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text_hash: "e6aaa376eaed23df40746f9c5a5efa00e88abc8d2c5db43ad4035e98913305bb"
retrieved_at: "2026-07-04"
confidence: "official"
tags: ["legal", "us-code"]
---
# 21 U.S.C. § 20 - Apples in interstate commerce; standard grades
## Text
The standard grades for apples when packed in barrels which shall be shipped or delivered for shipment in interstate or foreign commerce, or which shall be sold or offered for sale within the District of Columbia or the Territories of the United States shall be as follows: Apples of one variety, which are well-grown specimens, hand picked, of good color for the variety, normal shape, practically free from insect and fungous injury, bruises, and other defects, except such as are necessarily caused in the operation of packing, or apples of one variety which are not more than 10 per centum below the foregoing specifications shall be “Standard grade minimum size two and one-half inches”, if the minimum size of the apples is two and one-half inches in transverse diameter; “Standard grade minimum size two and one-fourth inches”, if the minimum size of the apples is two and one-fourth inches in transverse diameter; or “Standard grade minimum size two inches”, if the minimum size of the apples is two inches in transverse diameter.
(Aug. 3, 1912, ch. 273, § 2, 37 Stat. 250.)
@@ -0,0 +1,35 @@
---
type: "LegalText"
title: "21 U.S.C. § 21"
description: "Branding grades on barrels of apples"
jurisdiction: "us"
corpus: "united_states_code"
kind: "code_section"
title_number: 21
title_name: "FOOD AND DRUGS"
chapter_number: "1"
chapter_name: "ADULTERATED OR MISBRANDED FOODS OR DRUGS"
section: "21"
citation: "21 U.S.C. § 21"
status: "current"
release_point: "119-100"
release_date: "2026-06-26"
source: "official"
source_url: "https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc21@119-100.zip"
source_identifier: "/us/usc/t21/s21"
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retrieved_at: "2026-07-04"
confidence: "official"
tags: ["legal", "us-code"]
---
# 21 U.S.C. § 21 - Branding grades on barrels of apples
## Text
The barrels in which apples are packed in accordance with the provisions of sections 20 to 23 of this title may be branded in accordance with the provisions of section 20 of this title.
(Aug. 3, 1912, ch. 273, § 3, 37 Stat. 251.)
@@ -0,0 +1,35 @@
---
type: "LegalText"
title: "21 U.S.C. § 22"
description: "Barrels misbranded"
jurisdiction: "us"
corpus: "united_states_code"
kind: "code_section"
title_number: 21
title_name: "FOOD AND DRUGS"
chapter_number: "1"
chapter_name: "ADULTERATED OR MISBRANDED FOODS OR DRUGS"
section: "22"
citation: "21 U.S.C. § 22"
status: "current"
release_point: "119-100"
release_date: "2026-06-26"
source: "official"
source_url: "https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc21@119-100.zip"
source_identifier: "/us/usc/t21/s22"
source_file: "data/legal/raw/us/code/title-21/usc21.xml"
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retrieved_at: "2026-07-04"
confidence: "official"
tags: ["legal", "us-code"]
---
# 21 U.S.C. § 22 - Barrels misbranded
## Text
Barrels packed with apples shall be deemed to be misbranded within the meaning of sections 20 to 23 of this title— First. If the barrel bears any statement, design, or device indicating that the apples contained therein are “Standard” grade and the apples when packed do not conform to the requirements prescribed by section 20 of this title. Second. If the barrel bears any statement, design, or device indicating that the apples contained therein are “Standard” grade and the barrel fails to bear also a statement of the name of the variety, the name of the locality where grown, and the name of the packer or the person by whose authority the apples were packed and the barrel marked.
(Aug. 3, 1912, ch. 273, § 5, 37 Stat. 251.)
@@ -0,0 +1,41 @@
---
type: "LegalText"
title: "21 U.S.C. § 23"
description: "Penalties"
jurisdiction: "us"
corpus: "united_states_code"
kind: "code_section"
title_number: 21
title_name: "FOOD AND DRUGS"
chapter_number: "1"
chapter_name: "ADULTERATED OR MISBRANDED FOODS OR DRUGS"
section: "23"
citation: "21 U.S.C. § 23"
status: "current"
release_point: "119-100"
release_date: "2026-06-26"
source: "official"
source_url: "https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc21@119-100.zip"
source_identifier: "/us/usc/t21/s23"
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retrieved_at: "2026-07-04"
confidence: "official"
tags: ["legal", "us-code"]
---
# 21 U.S.C. § 23 - Penalties
## Text
Any person, firm or corporation, or association who shall knowingly pack or cause to be packed apples in barrels or who shall knowingly sell or offer for sale such barrels in violation of the provisions of sections 20 to 23 of this title shall be liable to a penalty of $1 and costs for each such barrel so sold or offered for sale, to be recovered at the suit of the United States in any court of the United States having jurisdiction.
(Aug. 3, 1912, ch. 273, § 6, 37 Stat. 251.)
## Notes
Editorial Notes
Codification Section is also set out as section 233 of Title 15, Commerce and Trade.
@@ -0,0 +1,35 @@
---
type: "LegalText"
title: "21 U.S.C. § 24"
description: "Omitted"
jurisdiction: "us"
corpus: "united_states_code"
kind: "code_section"
title_number: 21
title_name: "FOOD AND DRUGS"
chapter_number: "1"
chapter_name: "ADULTERATED OR MISBRANDED FOODS OR DRUGS"
section: "24"
citation: "21 U.S.C. § 24"
status: "current"
release_point: "119-100"
release_date: "2026-06-26"
source: "official"
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# 21 U.S.C. § 24 - Omitted
## Notes
Editorial Notes
Codification Section, act Mar. 4, 1915, ch. 144, 38 Stat. 1102, related to payment of the cost of inspection under a provision authorizing the investigation of the character of chemical and physical tests applied to American food products in foreign countries and the inspection of such products before shipment to such countries at the request of the shippers or owners. That provision was repeated in subsequent appropriation acts but was omitted from the appropriation act of July 12, 1943, ch. 221, 57 Stat. 494, and from all subsequent appropriation acts.
@@ -0,0 +1,35 @@
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# 21 U.S.C. § 25 - Oleomargarine, butterine, or imitation butter or cheese transported into a State subject to its police powers
## Text
All articles known as oleomargarine, butterine, imitation, process, renovated, or adulterated butter, or imitation cheese, or any substance in the semblance of butter or cheese not the usual product of the dairy and not made exclusively of pure and unadulterated milk or cream, transported into any State or Territory or the District of Columbia, and remaining therein for use, consumption, sale, or storage therein, shall, upon the arrival within the limits of such State or Territory or the District of Columbia, be subject to the operation and effect of the laws of such State or Territory or the District of Columbia, enacted in the exercise of its police powers to the same extent and in the same manner as though such articles or substances had been produced in such State or Territory or the District of Columbia, and shall not be exempt therefrom by reason of being introduced therein in original packages or otherwise.
(May 9, 1902, ch. 784, § 1, 32 Stat. 193.)
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# 21 U.S.C. § 26 - Omitted
## Notes
Editorial Notes
Codification Section, which was from the appropriation acts of Jan. 18, 1927, ch. 39, 44 Stat. 984; May 16, 1928, ch. 572, 45 Stat. 548; Feb. 16, 1929, ch. 227, 45 Stat. 1198; May 27, 1930, ch. 341, 46 Stat. 424, and subsequent Department of Agriculture Appropriation Acts to and including act June 28, 1944, ch. 296, § 4, 58 Stat. 461, and related to inspection of food and other products, is covered by section 2256 of Title 7, Agriculture.
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# 21 U.S.C. § 6 - Transferred
## Notes
Editorial Notes
Codification Section, act Mar. 4, 1923, ch. 268, 42 Stat. 1500, was transferred to section 321a of this title.
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# 21 U.S.C. § 7 to 14 - Repealed. June 25, 1938, ch. 675, § 1002(a), formerly § 902(a), 52 Stat. 1059; renumbered § 1002(a), Pub. L. 11131, div. A, title I, § 101(b)(2), June 22, 2009, 123 Stat. 1784
## Notes
Section 7, act June 30, 1906, ch. 3915, § 6, 34 Stat. 769, defined “drug” and “food”. See section 321 of this title.
Section 8, act June 30, 1906, ch. 3915, § 7, 34 Stat. 769, deemed drugs to be adulterated when sold having a difference from recognized standards, except where there is an explanatory statement on or in container, and when sold below professed standard; confectioneries, when containing mineral substances, poisonous color or flavors, other deleterious ingredients, liquors or narcotics; food, when concerned with injurious mixtures, use of substitutes, abstraction of valuable constituents, concealment of damage or inferiority, deleterious ingredients, preservatives in shipment conditionally excepted, animal or vegetable substances unfit for food and products of animals diseased or having died otherwise than by slaughter. See sections 342 and 351 of this title.
Section 9, act June 30, 1906, ch. 3915, § 8, 34 Stat. 771, defined “misbranded” and provided for its application to drugs and food. See sections 343 and 352 of this title.
Section 10, acts June 30, 1906, ch. 3915, § 8, 34 Stat. 771; Aug. 23, 1912, ch. 352, 37 Stat. 416; Mar. 3, 1913, ch. 117, 37 Stat. 732; July 24, 1919, ch. 26, 41 Stat. 271; July 8, 1930, ch. 874, 46 Stat. 1019, deemed drugs to be misbranded when there is an imitation or use of name of other article, when there is removal and substitution of contents of package or failure to state on label quantity or proportion of narcotics therein, and when there is a false statement of curative or therapeutic effect; and food, when there is an imitation or use of name of other article, when there is a false label or brand removal and substitution of contents of package, or failure to state or label quantity or proportion of narcotics therein, when the packages are not marked with weight, with certain variations and exemptions permitted, when there are false or misleading statements on package or label as to ingredients or substances; and food, when mixtures or compounds under distinctive names, the articles are labeled, branded as compounds, imitations, or blends; construed the term “blend” and related to disclosure of trade formulas of proprietary foods, and canned food. See sections 321b, 341, 343 and 352 of this title.
Section 11, acts June 30, 1906, ch. 3915, § 4, 34 Stat. 769; Jan. 18, 1927, ch. 39, 44 Stat. 1003, provided for examination of specimens, notice of adulteration or misbranding, hearing, certification of violations to United States district attorney and notice of judgment.
Section 12, act June 30, 1906, ch. 3915, § 5, 34 Stat. 769, provided for prosecution by district attorneys for enforcement of penalties.
Section 13, act June 30, 1906, ch. 3915, § 9, 34 Stat. 771, provided for a sellers guaranty as protection to dealer. See section 333 of this title.
Section 14, act June 30, 1906, ch. 3915, § 10, 34 Stat. 771, provided for seizure of articles by libel for condemnation, at suit of and in name of United States, in United States district court where found, conforming to proceedings in admiralty, with right to trial by jury, destruction or sale of adulterated or misbranded articles, bond and payment of proceeds into Treasury of United States. See sections 332, 334 and 337 of this title.
Statutory Notes and Related Subsidiaries
Effective Date of RepealFor effective date of repeal, see section 1002(a) of act June 25, 1938, set out as a note under sections 1 to 5 of this title.
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# 21 U.S.C. § 451 - Congressional statement of findings
## Text
Poultry and poultry products are an important source of the Nations total supply of food. They are consumed throughout the Nation and the major portion thereof moves in interstate or foreign commerce. It is essential in the public interest that the health and welfare of consumers be protected by assuring that poultry products distributed to them are wholesome, not adulterated, and properly marked, labeled, and packaged. Unwholesome, adulterated, or misbranded poultry products impair the effective regulation of poultry products in interstate or foreign commerce, are injurious to the public welfare, destroy markets for wholesome, not adulterated, and properly labeled and packaged poultry products, and result in sundry losses to poultry producers and processors of poultry and poultry products, as well as injury to consumers. It is hereby found that all articles and poultry which are regulated under this chapter are either in interstate or foreign commerce or substantially affect such commerce, and that regulation by the Secretary of Agriculture and cooperation by the States and other jurisdictions as contemplated by this chapter are appropriate to prevent and eliminate burdens upon such commerce, to effectively regulate such commerce, and to protect the health and welfare of consumers.
(Pub. L. 85172, § 2, Aug. 28, 1957, 71 Stat. 441; Pub. L. 90492, § 2, Aug. 18, 1968, 82 Stat. 791.)
## Notes
Editorial Notes
Amendments1968—Pub. L. 90492 inserted provisions stating it to be necessary that the health and welfare of consumers be protected by assuring that poultry products distributed to them are wholesome, not adulterated, and properly marked, labeled, and packaged, provisions that misbranded poultry products impair the effective regulation of poultry products and destroy markets for wholesome, not adulterated, and properly labeled and packaged poultry products, and result in sundry losses to poultry producers and processors of poultry and poultry products, as well as injury to consumers, and provisions that all articles and poultry which are regulated by this chapter are either in interstate or foreign commerce or substantially affect such commerce and that regulation by the Secretary of Agriculture and cooperation by the states and other jurisdictions as contemplated by this chapter are appropriate to serve the specified aims, and struck out provisions that all poultry and poultry products which have or are required to have inspection under this chapter are either in the current of interstate or foreign commerce or directly affect such commerce, provisions that that part entering directly into the current of interstate or foreign commerce cannot be effectively inspected and regulated without also inspecting and regulating all poultry and poultry products in the same establishment, and provisions authorizing the Secretary to designate major consuming areas.
Statutory Notes and Related Subsidiaries
Effective Date of 1968 AmendmentPub. L. 90492, § 20, Aug. 18, 1968, 82 Stat. 808, provided that: “This Act [see Short Title of 1968 Amendment note below] shall become effective upon enactment [Aug. 18, 1968] except as provided in paragraphs (a) through (c): “(a) The provisions of subparagraphs (a)(2)(A) and (a)(3) of section 9 of the Poultry Products Inspection Act, as amended by section 9 of this Act [section 458(a)(2)(A) and (a)(3) of this title], shall become effective upon the expiration of sixty days after enactment hereof [Aug. 18, 1968]. “(b) Section 14 of this Act, amending section 15 of the Poultry Products Inspection Act [section 464 of this title], shall become effective upon the expiration of sixty days after enactment hereof [Aug. 18, 1968]. “(c) Paragraph 11(d) of the Poultry Products Inspection Act, as added by section 11 of this Act [section 460(d) of this title], shall become effective upon the expiration of sixty days after enactment hereof [Aug. 18, 1968].”
Effective DatePub. L. 85172, § 29, formerly § 22, Aug. 28, 1957, 71 Stat. 449, as renumbered by Pub. L. 90492, § 17, Aug. 18, 1968, 82 Stat. 805, provided that: “This Act [this chapter] shall take effect upon enactment [Aug. 28, 1957], except that no person shall be subject to the provisions of this Act [this chapter] prior to January 1, 1959, unless such person after January 1, 1958, applies for and receives inspection for poultry or poultry products in accordance with the provisions of this Act [this chapter] and pursuant to regulations promulgated by the Secretary hereunder, in any establishment processing poultry or poultry products in commerce or in a designated major consuming area. Any person who voluntarily applies for and receives such inspection after January 1, 1958, shall be subject, on and after the date he commences to receive such inspection, to all of the provisions and penalties provided for in this Act [this chapter] with respect to all poultry or poultry products handled in the establishment for which such said application for inspection is made.”
Short Title of 1968 AmendmentPub. L. 90492, § 1, Aug. 18, 1968, 82 Stat. 791, provided: “That this Act [enacting sections 467a to 467f and 470 of this title, amending this section and sections 452 to 461, 463 to 465, and 467 of this title, and enacting provisions set out as notes under this section] may be cited as the Wholesome Poultry Products Act.”
Short TitlePub. L. 85172, § 1, Aug. 28, 1957, 71 Stat. 441, provided: “That this Act [enacting this chapter and provisions set out as notes under this section] may be cited as the Poultry Products Inspection Act.”
SeparabilityPub. L. 90492, § 19, Aug. 18, 1968, 82 Stat. 808, provided that: “If any provisions of this Act or of the amendments made hereby [see Short Title of 1968 Amendment note above] or the application thereof to any person or circumstances is held invalid, the validity of the remainder of the Act and the remaining amendments and of the application of such provision to other persons and circumstances shall not be affected thereby.” Pub. L. 85172, § 28, formerly § 21, Aug. 28, 1957, 71 Stat. 449, as renumbered by Pub. L. 90492, § 17, Aug. 18, 1968, 82 Stat. 805, provided that: “If any provision of this Act [this chapter] or the application thereof to any person or circumstances is held invalid, the validity of the remainder of the Act and of the application of such provision to other persons and circumstances shall not be affected thereby.”
Food Additives Amendment of 1958Pub. L. 85929, § 7, Sept. 6, 1958, 72 Stat. 1789, provided that: “Nothing in this Act [amending sections 321, 331, 342, 346, and 348 of this title and section 210 of Title 42, The Public Health and Welfare, and enacting provisions set out as notes under sections 321 and 342 of this title] shall be construed to exempt any meat or meat food product or any person from any requirement imposed by or pursuant to the Poultry Products Inspection Act (21 U.S.C. 451 and the following) [this chapter] or the Meat Inspection Act of March 4, 1907, 34 Stat. 1260, as amended and extended (21 U.S.C. 71 and the following) [see section 601 et seq. of this title].”
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# 21 U.S.C. § 452 - Congressional declaration of policy
## Text
It is hereby declared to be the policy of the Congress to provide for the inspection of poultry and poultry products and otherwise regulate the processing and distribution of such articles as hereinafter prescribed to prevent the movement or sale in interstate or foreign commerce of, or the burdening of such commerce by, poultry products which are adulterated or misbranded. It is the intent of Congress that when poultry and poultry products are condemned because of disease, the reason for condemnation in such instances shall be supported by scientific fact, information, or criteria, and such condemnation under this chapter shall be achieved through uniform inspection standards and uniform applications thereof.
(Pub. L. 85172, § 3, Aug. 28, 1957, 71 Stat. 441; Pub. L. 90492, § 3, Aug. 18, 1968, 82 Stat. 792.)
## Notes
Editorial Notes
Amendments1968—Pub. L. 90492 inserted provisions declaring the policy of Congress to be to otherwise regulate the processing and distribution of poultry and poultry products as hereinafter prescribed so as to prevent the movement or sale in interstate commerce of, or the burdening of such commerce by poultry products which are adulterated or misbranded, and provisions that declared the policy of Congress to be that condemnation of diseased poultry and poultry products shall be achieved through uniform inspection standards and supported by scientific fact or criteria, and struck out provisions that declared the policy of Congress to be to provide for inspection by the inspection service to prevent the movement in interstate commerce or foreign commerce or in a designated major consuming area of poultry products which are un­wholesome, adulterated, or otherwise unfit for human food.
Statutory Notes and Related Subsidiaries
Effective Date of 1968 AmendmentAmendment by Pub. L. 90492 effective Aug. 18, 1968, see section 20 of Pub. L. 90492, set out as a note under section 451 of this title.
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# 21 U.S.C. § 453 - Definitions
## Text
For purposes of this chapter—
(a) The term “commerce” means commerce between any State, any territory, or the District of Columbia, and any place outside thereof; or within any territory not organized with a legislative body, or the District of Columbia.
(b) Except as otherwise provided in this chapter, the term “State” means any State of the United States and the Commonwealth of Puerto Rico.
(c) The term “territory” means Guam, the Virgin Islands of the United States, American Samoa, and any other territory or possession of the United States, excluding the Canal Zone.
(d) The term “United States” means the States, the District of Columbia, and the territories of the United States.
(e) The term “poultry” means any domesticated bird, whether live or dead.
(f) The term “poultry product” means any poultry carcass, or part thereof; or any product which is made wholly or in part from any poultry carcass or part thereof, excepting products which contain poultry ingredients only in a relatively small proportion or historically have not been considered by consumers as products of the poultry food industry, and which are exempted by the Secretary from definition as a poultry product under such conditions as the Secretary may prescribe to assure that the poultry ingredients in such products are not adulterated and that such products are not represented as poultry products.
(g) The term “adulterated” shall apply to any poultry product under one or more of the following circumstances:
(1) if it bears or contains any poisonous or deleterious substance which may render it injurious to health; but in case the substance is not an added substance, such article shall not be considered adulterated under this clause if the quantity of such substance in or on such article does not ordinarily render it injurious to health;
(2) (A) if it bears or contains (by reason of administration of any substance to the live poultry or otherwise) any added poisonous or added deleterious substance (other than one which is (i) a pesticide chemical in or on a raw agricultural commodity; (ii) a food additive; or (iii) a color additive) which may, in the judgment of the Secretary, make such article unfit for human food;
(B) if it is, in whole or in part, a raw agricultural commodity and such commodity bears or contains a pesticide chemical which is unsafe within the meaning of section 346a of this title;
(C) if it bears or contains any food additive which is unsafe within the meaning of section 348 of this title;
(D) if it bears or contains any color additive which is unsafe within the meaning of section 379e of this title: Provided, That an article which is not otherwise deemed adulterated under clause (B), (C), or (D) shall nevertheless be deemed adulterated if use of the pesticide chemical, food additive, or color additive in or on such article is prohibited by regulations of the Secretary in official establishments;
(3) if it consists in whole or in part of any filthy, putrid, or decomposed substance or is for any other reason unsound, unhealthful, unwholesome, or otherwise unfit for human food;
(4) if it has been prepared, packed, or held under insanitary conditions whereby it may have become contaminated with filth, or whereby it may have been rendered injurious to health;
(5) if it is, in whole or in part, the product of any poultry which has died otherwise than by slaughter;
(6) if its container is composed, in whole or in part, of any poisonous or deleterious substance which may render the contents injurious to health;
(7) if it has been intentionally subjected to radiation, unless the use of the radiation was in conformity with a regulation or exemption in effect pursuant to section 348 of this title;
(8) if any valuable constituent has been in whole or in part omitted or abstracted therefrom; or if any substance has been substituted, wholly or in part therefor; or if damage or inferiority has been concealed in any manner; or if any substance has been added thereto or mixed or packed therewith so as to increase its bulk or weight, or reduce its quality or strength, or make it appear better or of greater value than it is.
(h) The term “misbranded” shall apply to any poultry product under one or more of the following circumstances:
(1) if its labeling is false or misleading in any particular;
(2) if it is offered for sale under the name of another food;
(3) if it is an imitation of another food, unless its label bears, in type of uniform size and prominence, the word “imitation” and immediately thereafter, the name of the food imitated;
(4) if its container is so made, formed, or filled as to be misleading;
(5) unless it bears a label showing (A) the name and the place of business of the manufacturer, packer, or distributor; and (B) an accurate statement of the quantity of the product in terms of weight, measure, or numerical count: Provided, That under clause (B) of this subparagraph (5), reasonable variations may be permitted, and exemptions as to small packages or articles not in packages or other containers may be established by regulations prescribed by the Secretary;
(6) if any word, statement, or other information required by or under authority of this chapter to appear on the label or other labeling is not prominently placed thereon with such conspicuousness (as compared with other words, statements, designs, or devices, in the labeling) and in such terms as to render it likely to be read and understood by the ordinary individual under customary conditions of purchase and use;
(7) if it purports to be or is represented as a food for which a definition and standard of identity or composition has been prescribed by regulations of the Secretary under section 457 of this title unless (A) it conforms to such definition and standard, and (B) its label bears the name of the food specified in the definition and standard and, insofar as may be required by such regulations, the common names of optional ingredients (other than spices, flavoring, and coloring) present in such food;
(8) if it purports to be or is represented as a food for which a standard or standards of fill of container have been prescribed by regulations of the Secretary under section 457 of this title, and it falls below the standard of fill of container applicable thereto, unless its label bears, in such manner and form as such regulations specify, a statement that it falls below such standard;
(9) if it is not subject to the provisions of subparagraph (7), unless its label bears (A) the common or usual name of the food, if any there be, and (B) in case it is fabricated from two or more ingredients, the common or usual name of each such ingredient; except that spices, flavorings, and colorings may, when authorized by the Secretary, be designated as spices, flavorings, and colorings without naming each: Provided, That to the extent that compliance with the requirements of clause (B) of this subparagraph (9) is impracticable or results in deception or unfair competition, exemptions shall be established by regulations promulgated by the Secretary;
(10) if it purports to be or is represented for special dietary uses unless its label bears such information concerning its vitamin, mineral, and other dietary properties as the Secretary, after consultation with the Secretary of Health and Human Services, determines to be, and by regulations prescribes as, necessary in order fully to inform purchasers as to its value for such uses;
(11) if it bears or contains any artificial flavoring, artificial coloring, or chemical preservative unless it bears labeling stating that fact: Provided, That, to the extent that compliance with the requirements of this subparagraph (11) is impracticable, exemptions shall be established by regulations promulgated by the Secretary; or
(12) if it fails to bear on its containers, and in the case of nonconsumer packaged carcasses (if the Secretary so requires) directly thereon, as the Secretary may by regulations prescribe, the official inspection legend and official establishment number of the establishment where the article was processed, and, unrestricted by any of the foregoing, such other information as the Secretary may require in such regulations to assure that it will not have false or misleading labeling and that the public will be informed of the manner of handling required to maintain the article in a wholesome condition.
(i) The term “Secretary” means the Secretary of Agriculture or his delegate.
(j) The term “person” means any individual, partnership, corporation, association, or other business unit.
(k) The term “inspector” means: (1) an employee or official of the United States Government authorized by the Secretary to inspect poultry and poultry products under the authority of this chapter, or (2) any employee or official of the government of any State or territory or the District of Columbia authorized by the Secretary to inspect poultry and poultry products under authority of this chapter, under an agreement entered into between the Secretary and the appropriate State or other agency.
(l) The term “official mark” means the official inspection legend or any other symbol prescribed by regulation of the Secretary to identify the status of any article or poultry under this chapter.
(m) The term “official inspection legend” means any symbol prescribed by regulations of the Secretary showing that an article was inspected for wholesomeness in accordance with this chapter.
(n) The term “official certificate” means any certificate prescribed by regulations of the Secretary for issuance by an inspector or other person performing official functions under this chapter.
(o) The term “official device” means any device prescribed or authorized by the Secretary for use in applying any official mark.
(p) The term “official establishment” means any establishment as determined by the Secretary at which inspection of the slaughter of poultry, or the processing of poultry products, is maintained under the authority of this chapter.
(q) The term “inspection service” means the official Government service within the Department of Agriculture designated by the Secretary as having the responsibility for carrying out the provisions of this chapter.
(r) The term “container” or “package” includes any box, can, tin, cloth, plastic, or other receptacle, wrapper, or cover.
(s) The term “label” means a display of written, printed, or graphic matter upon any article or the immediate container (not including packaged liners) of any article; and the term “labeling” means all labels and other written, printed, or graphic matter (1) upon any article or any of its containers or wrappers, or (2) accompanying such article.
(t) The term “shipping container” means any container used or intended for use in packaging the product packed in an immediate container.
(u) The term “immediate container” includes any consumer package; or any other container in which poultry products, not consumer packaged, are packed.
(v) The term “capable of use as human food” shall apply to any carcass, or part or product of a carcass, of any poultry, unless it is denatured or otherwise identified as required by regulations prescribed by the Secretary to deter its use as human food, or it is naturally inedible by humans.
(w) The term “processed” means slaughtered, canned, salted, stuffed, rendered, boned, cut up, or otherwise manufactured or processed.
(x) The term “Federal Food, Drug, and Cosmetic Act” means the Act so entitled, approved June 25, 1938 (52 Stat. 1040) [21 U.S.C. 301 et seq.], and Acts amendatory thereof or supplementary thereto.
(y) The terms “pesticide chemical”, “food additive”, “color additive”, and “raw agricultural commodity” shall have the same meanings for purposes of this chapter as under the Federal Food, Drug, and Cosmetic Act [21 U.S.C. 301 et seq.].
(z) The term “poultry products broker” means any person engaged in the business of buying or selling poultry products on commission, or otherwise negotiating purchases or sales of such articles other than for his own account or as an employee of another person.
(aa) The term “renderer” means any person engaged in the business of rendering carcasses, or parts or products of the carcasses, of poultry, except rendering conducted under inspection or exemption under this chapter.
(bb) The term “animal food manufacturer” means any person engaged in the business of manufacturing or processing animal food derived wholly or in part from carcasses, or parts or products of the carcasses, of poultry.
(Pub. L. 85172, § 4, Aug. 28, 1957, 71 Stat. 441; Pub. L. 87498, June 25, 1962, 76 Stat. 110; Pub. L. 90492, § 4, Aug. 18, 1968, 82 Stat. 792; Pub. L. 9688, title V, § 509(b), Oct. 17, 1979, 93 Stat. 695; Pub. L. 102571, title I, § 107(13), Oct. 29, 1992, 106 Stat. 4499.)
## Notes
Editorial Notes
References in TextThe Federal Food, Drug, and Cosmetic Act, referred to in pars. (x) and (y), is act June 25, 1938, ch. 675, 52 Stat. 1040, which is classified generally to chapter 9 (§ 301 et seq.) of this title. For complete classification of this Act to the Code, see section 301 of this title and Tables.
Amendments1992—Subsec. (g)(2)(D). Pub. L. 102571 substituted “379e” for “376”. 1968—Pub. L. 90492 inserted definitions of “State”, “territory”, “United States”, “misbranded”, “official mark”, “official inspection legend”, “official certificate”, “official device”, “capable of use as human food”, “processed”, “Federal Food, Drug, and Cosmetic Act”, “pesticide chemical”, “poultry products broker”, “renderer”, and “animal food manufacturer”, revised definitions of “commerce”, “poultry”, “poultry product”, “adulterated”, “Secretary”, “inspector”, “container” or “package”, “label”, and “immediate container”, reenacted without change definitions of “person”, “official establishment”, “inspection service”, and “shipping container”, and deleted definition of “wholesome”, “unwholesome”, and “official inspection mark”. 1962—Par. (a). Pub. L. 87498 struck out references to Territories or possessions, and inserted definition of “State”.
Statutory Notes and Related Subsidiaries
Change of Name “Secretary of Health and Human Services” substituted for “Secretary of Health, Education, and Welfare” in par. (h)(10) pursuant to section 509(b) of Pub. L. 9688, which is classified to section 3508(b) of Title 20, Education.
Effective Date of 1968 AmendmentAmendment by Pub. L. 90492 effective Aug. 18, 1968, see section 20 of Pub. L. 90492, set out as a note under section 451 of this title.
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# 21 U.S.C. § 454 - Federal and State cooperation in development and administration of State poultry product inspection programs
## Text
(a) State laws; planning, technical and financial assistance; advisory committees It is the policy of the Congress to protect the consuming public from poultry products that are adulterated or misbranded and to assist in efforts by State and other government agencies to accomplish this objective. In furtherance of this policy—
(1) The Secretary is authorized, whenever he determines that it would effectuate the purposes of this chapter, to cooperate with the appropriate State agency in developing and administering a State poultry product inspection program in any State which has enacted a mandatory State poultry product inspection law that imposes ante mortem and post mortem inspection, reinspection and sanitation requirements that are at least equal to those under this chapter, with respect to all or certain classes of persons engaged in the State in slaughtering poultry or processing poultry products for use as human food solely for distribution within such State.
(2) The Secretary is further authorized, whenever he determines that it would effectuate the purposes of this chapter, to cooperate with appropriate State agencies in developing and administering State programs under State laws containing authorities at least equal to those provided in section 460 of this title; and to cooperate with other agencies of the United States in carrying out any provisions of this chapter. In carrying out the provisions of this chapter, the Secretary may conduct such examinations, investigations, and inspections as he determines practicable through any officer or employee of any State or Territory or the District of Columbia commissioned by the Secretary for such purpose.
(3) Cooperation with State agencies under this section may include furnishing to the appropriate State agency (i) advisory assistance in planning and otherwise developing an adequate State program under the State law; and (ii) technical and laboratory assistance and training (including necessary curricular and instructional materials and equipment), and financial and other aid for administration of such a program. The amount to be contributed to any State by the Secretary under this section from Federal funds for any year shall not exceed 50 per centum of the estimated total cost of the cooperative program; and the Federal funds shall be allocated among the States desiring to cooperate on an equitable basis. Such cooperation and payment shall be contingent at all times upon the administration of the State program in a manner which the Secretary, in consultation with the appropriate advisory committee appointed under subparagraph (4), deems adequate to effectuate the purposes of this section.
(4) The Secretary may appoint advisory committees consisting of such representatives of appropriate State agencies as the Secretary and the State agencies may designate to consult with him concerning State and Federal programs with respect to poultry product inspection and other matters within the scope of this chapter, including evaluating State programs for purposes of this chapter, and obtaining better coordination and more uniformity among the State programs and between the Federal and State programs and adequate protection of consumers.
(b) Appropriate State agency; performance of functions by subordinate governmental unit The appropriate State agency with which the Secretary may cooperate under this chapter shall be a single agency in the State which is primarily responsible for the coordination of the State programs having objectives similar to those under this chapter. When the State program includes performance of certain functions by a municipality or other subordinate governmental unit, such unit shall be deemed to be a part of the State agency for purposes of this section.
(c) Intrastate activities; designation of State for regulation; publication of designation; exempted operations; termination of designation; review of operations in nondesignated States; annual report (1) If the Secretary has reason to believe, by thirty days prior to the expiration of two years after August 18, 1968, that a State has failed to develop or is not enforcing, with respect to all establishments within its jurisdiction (except those that would be exempted from Federal inspection under subparagraph (2) of this paragraph (c)) at which poultry are slaughtered, or poultry products are processed for use as human food, solely for distribution within such State, and the products of such establishments, requirements at least equal to those imposed under sections 451 to 453, 455 to 459, 461 to 467d of this title, he shall promptly notify the Governor of the State of this fact. If the Secretary determines, after consultation with the Governor of the State, or representative selected by him, that such requirements have not been developed and activated, he shall promptly after the expiration of such two-year period designate such State as one in which the provisions of said sections of this chapter shall apply to operations and transactions wholly within such State: Provided, That if the Secretary has reason to believe that the State will activate such requirements within one additional year, he may delay such designation for said period, and not designate the State, if he determines at the end of the year that the State then has such requirements in effective operation. The Secretary shall publish any such designation in the Federal Register and, upon the expiration of thirty days after such publication, the provisions of said sections of this chapter shall apply to operations and transactions and to persons engaged therein in the State to the same extent and in the same manner as if such operations and transactions were conducted in or for commerce. However, notwithstanding any other provision of this section, if the Secretary determines that any establishment within a State is producing adulterated poultry products for distribution within such State which would clearly endanger the public health he shall notify the Governor of the State and the appropriate advisory committee provided for by subparagraph (a)(4) of this section of such fact for effective action under State or local law. If the State does not take action to prevent such endangering of the public health within a reasonable time after such notice, as determined by the Secretary, in light of the risk to public health, the Secretary may forthwith designate any such establishment as subject to the provisions of said sections of this chapter, and thereupon the establishment and operator thereof shall be subject to such provisions as though engaged in commerce until such time as the Secretary determines that such State has developed and will enforce requirements at least equal to those imposed under said sections.
(2) The provisions of this chapter requiring inspection of the slaughter of poultry and the processing of poultry products shall not apply to operations of types traditionally and usually conducted at retail stores and restaurants, when conducted at any retail store or restaurant or similar retail-type establishment for sale in normal retail quantities or service of such articles to consumers at such establishments if such establishments are subject to such inspection provisions only under this paragraph (c). For the purposes of this subparagraph, operations conducted at a restaurant central kitchen facility shall be considered as being conducted at a restaurant if the restaurant central kitchen prepares poultry products that are ready to eat when they leave such facility and are served in meals or as entrees only to customers at restaurants owned or operated by the same person owning or operating such facility: Provided, That such facility shall be subject to the provisions of section 460(b) of this title: Provided further, That the facility may be subject to the inspection requirements of this chapter for as long as the Secretary deems necessary, if the Secretary determines that the sanitary conditions or practices of the facility or the processing procedures or methods at the facility are such that any of its poultry products are rendered adulterated.
(3) Whenever the Secretary determines that any State designated under this paragraph (c) has developed and will enforce State poultry products inspection requirements at least equal to those imposed under the aforesaid sections of this chapter, with respect to the operations and transactions within such State which are regulated under subparagraph (1) of this paragraph (c), he shall terminate the designation of such State under this paragraph (c), but this shall not preclude the subsequent redesignation of the State at any time upon thirty days notice to the Governor and publication in the Federal Register in accordance with this paragraph, and any State may be designated upon such notice and publication, at any time after the period specified in this paragraph whether or not the State has theretofore been designated, upon the Secretary determining that it is not effectively enforcing requirements at least equal to those imposed under said sections.
(4) The Secretary shall promptly upon August 18, 1968, and periodically thereafter, but at least annually, review the requirements, including the enforcement thereof, of the several States not designated under this paragraph (c), with respect to the slaughter, and the processing, storage, handling, and distribution of poultry products, and inspection of such operations, and annually report thereon to the Committee on Agriculture of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate in the report required in section 470 11 See References in Text note below. of this title.
(d) “State” defined As used in this section, the term “State” means any State (including the Commonwealth of Puerto Rico) or organized territory.
(Pub. L. 85172, § 5, Aug. 28, 1957, 71 Stat. 443; Pub. L. 90492, § 5, Aug. 18, 1968, 82 Stat. 796; Pub. L. 98487, § 2, Oct. 17, 1984, 98 Stat. 2264; Pub. L. 103437, § 8(1), Nov. 2, 1994, 108 Stat. 4588.)
## Notes
Editorial Notes
References in TextSection 470 of this title, referred to in subsec. (c)(4), was omitted from the Code.
Codification In par. (c)(1), (4), “August 18, 1968” substituted for “enactment of the Wholesome Poultry Products Act”.
Amendments1994—Subsec. (c)(4). Pub. L. 103437 substituted “Agriculture, Nutrition, and Forestry” for “Agriculture and Forestry”. 1984—Par. (c)(2). Pub. L. 98487 inserted provisions relating to operations conducted at a restaurant central kitchen facility. 1968—Pub. L. 90492 substituted provisions authorizing the Secretary to cooperate with the appropriate state agency in the development and administration of state poultry product inspection programs in those states having mandatory poultry product inspection laws and those states having laws at least equal to the provisions of section 460 of this title, provisions authorizing planning, technical and financial assistance and the appointment of advisory committees, provisions designating the appropriate state agency with which the Secretary may cooperate, provisions authorizing the Secretary to designate states as subject to the regulatory provisions of this chapter when the requirements of the specified section have not been complied with or when the specified intrastate activities are pres­ent, provisions exempting from the requirements of this chapter operations of the types traditionally and usually conducted at retail stores and restaurants, provisions authorizing the Secretary to terminate the aforementioned designation of states as subject to the regulatory provisions of this chapter, and provisions authorizing the Secretary to review the operations in nondesignated states and make an annual report thereon, for provisions authorizing the Secretary, upon application by any appropriate state or local official or agency or by any appropriate local poultry industry group and after public hearing, to designate major consuming areas as subject to the regulatory provisions of this chapter where the Secretary finds that poultry or poultry products are handled or consumed in such volume as to affect, burden or obstruct the movement of inspected poultry products in interstate commerce.
Statutory Notes and Related Subsidiaries
Effective Date of 1968 AmendmentAmendment by Pub. L. 90492 effective Aug. 18, 1968, see section 20 of Pub. L. 90492, set out as a note under section 451 of this title.
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# 21 U.S.C. § 455 - Inspection in official establishments
## Text
(a) Ante mortem inspection For the purpose of preventing the entry into or flow or movement in commerce of, or the burdening of commerce by, any poultry product which is capable of use as human food and is adulterated, the Secretary shall, where and to the extent considered by him necessary, cause to be made by inspectors ante mortem inspection of poultry in each official establishment processing poultry or poultry products for commerce or otherwise subject to inspection under this chapter.
(b) Post mortem inspection; quarantine, segregation, and reinspection The Secretary, whenever processing operations are being conducted, shall cause to be made by inspectors post mortem inspection of the carcass of each bird processed, and at any time such quarantine, segregation, and reinspection as he deems necessary of poultry and poultry products capable of use as human food in each official establishment processing such poultry or poultry products for commerce or otherwise subject to inspection under this chapter.
(c) Condemnation; appeal; reprocessing All poultry carcasses and parts thereof and other poultry products found to be adulterated shall be condemned and shall, if no appeal be taken from such determination of condemnation, be destroyed for human food purposes under the supervision of an inspector: Provided, That carcasses, parts, and products, which may by reprocessing be made not adulterated, need not be so condemned and destroyed if so reprocessed under the supervision of an inspector and thereafter found to be not adulterated. If an appeal be taken from such determination, the carcasses, parts, or products shall be appropriately marked and segregated pending completion of an appeal inspection, which appeal shall be at the cost of the appellant if the Secretary determines that the appeal is frivolous. If the determination of condemnation is sustained the carcasses, parts, and products shall be destroyed for human food purposes under the supervision of an inspector.
(Pub. L. 85172, § 6, Aug. 28, 1957, 71 Stat. 443; Pub. L. 90492, § 6, Aug. 18, 1968, 82 Stat. 798.)
## Notes
Editorial Notes
Amendments1968—Par. (a). Pub. L. 90492, § 6(a), substituted “of, or the burdening of commerce by, any poultry product which is capable of use as human food and is adulterated,” for “or a designated major consuming area of any poultry product which is unwholesome or adulterated,” “each official establishment” for “any official establishment”, and “otherwise subject to inspection under this chapter” for “in, or for marketing in a designated city or area”. Par. (b). Pub. L. 90492, § 6(b), substituted “segregation, and reinspection” for “segregation, reinspection”, and “otherwise subject to inspection under this chapter” for “in, or for marketing in a designated city or area”, and inserted “capable of use as human food” after “necessary of poultry and poultry products”. Par. (c). Pub. L. 90492, § 6(c), inserted “other” before “poultry products”, and substituted “to be adulterated” for “to be unwholesome or adulterated”, “made not adulterated” for “made not unwholesome and not adulterated”, and “to be not adulterated” for “to be not unwholesome and not adulterated”.
Statutory Notes and Related Subsidiaries
Effective Date of 1968 AmendmentAmendment by Pub. L. 90492 effective Aug. 18, 1968, see section 20 of Pub. L. 90492, set out as a note under section 451 of this title.
Applicability of Chapter Requirements to Birds of the Order RatitaePub. L. 106387, § 1(a) [title VII, § 752], Oct. 28, 2000, 114 Stat. 1549, 1549A41, provided that: “Effective 180 days after the date of the enactment of this Act [Oct. 28, 2000] and continuing for the remainder of fiscal year 2001 and each subsequent fiscal year, establishments in the United States that slaughter or process birds of the order Ratitae, such as ostriches, emus and rheas, and squab, for distribution in commerce as human food shall be subject to the ante mortem and post mortem inspection, reinspection, and sanitation requirements of the Poultry Products Inspection Act (21 U.S.C. 451 et seq.) rather than the voluntary poultry inspection program of the Department of Agriculture under section 203 of the Agricultural Marketing Act of 1946 (7 U.S.C. 1622).”
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# 21 U.S.C. § 456 - Operation of premises, facilities and equipment
## Text
(a) Sanitary practices Each official establishment slaughtering poultry or processing poultry products for commerce or otherwise subject to inspection under this chapter shall have such premises, facilities, and equipment, and be operated in accordance with such sanitary practices, as are required by regulations promulgated by the Secretary for the purpose of preventing the entry into or flow or movement in commerce or burdensome effect upon commerce, of poultry products which are adulterated.
(b) Refusal of inspection The Secretary shall refuse to render inspection to any establishment whose premises, facilities, or equipment, or the operation thereof, fail to meet the requirements of this section.
(Pub. L. 85172, § 7, Aug. 28, 1957, 71 Stat. 444; Pub. L. 90492, § 7, Aug. 18, 1968, 82 Stat. 799.)
## Notes
Editorial Notes
Amendments1968—Par. (a). Pub. L. 90492 substituted “otherwise subject to inspection under this chapter” for “in or for marketing in a designated major consuming area”, “burdensome effect upon commerce” for “in a designated major consuming area”, and “which are adulterated” for “which are unwholesome or adulterated”.
Statutory Notes and Related Subsidiaries
Effective Date of 1968 AmendmentAmendment by Pub. L. 90492 effective Aug. 18, 1968, see section 20 of Pub. L. 90492, set out as a note under section 451 of this title.
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# 21 U.S.C. § 457 - Labeling and container standards
## Text
(a) Requirements for shipping containers and immediate containers; nonconsumer packaged carcasses All poultry products inspected at any official establishment under the authority of this chapter and found to be not adulterated, shall at the time they leave the establishment bear, in distinctly legible form, on their shipping containers and immediate containers as the Secretary may require, the information required under paragraph (h) of section 453 of this title. In addition, the Secretary whenever he determines such action is practicable and necessary for the protection of the public, may require nonconsumer packaged carcasses at the time they leave the establishment to bear directly thereon in distinctly legible form any information required under such paragraph (h).
(b) Labeling requirements; definitions and standards of identity or composition or articles and standards of fill of container; standards consistent with Federal Food, Drug, and Cosmetic Act; consistency between Federal and State standards The Secretary, whenever he determines such action is necessary for the protection of the public, may prescribe: (1) the styles and sizes of type to be used with respect to material required to be incorporated in labeling to avoid false or misleading labeling in marking and labeling any articles or poultry subject to this chapter; (2) definitions and standards of identity or composition or articles subject to this chapter and standards of fill of container for such articles not inconsistent with any such standards established under the Federal Food, Drug, and Cosmetic Act [21 U.S.C. 301 et seq.], and there shall be consultation between the Secretary and the Secretary of Health and Human Services prior to the issuance of such standards under either Act relating to articles subject to this chapter to avoid inconsistency in such standards and possible impairment of the coordinated effective administration of this chapter and the Federal Food, Drug, and Cosmetic Act. There shall also be consultation between the Secretary and an appropriate advisory committee provided for in section 454 of this title, prior to the issuance of such standards under this chapter, to avoid, insofar as feasible, inconsistency between Federal and State standards.
(c) Use of trade names; false or misleading marking or labeling; misleading form or size of container No article subject to this chapter shall be sold or offered for sale by any person in commerce, under any name or other marking or labeling which is false or misleading, or in any container of a misleading form or size, but established trade names and other marking and labeling and containers which are not false or misleading and which are approved by the Secretary are permitted.
(d) Withholding use of false or misleading mark, label, or container size or form; modification; hearing; conclusiveness of determination; appeal If the Secretary has reason to believe that any marking or labeling or the size or form of any container in use or proposed for use with respect to any article subject to this chapter is false or misleading in any particular, he may direct that such use be withheld unless the marking, labeling, or container is modified in such manner as he may prescribe so that it will not be false or misleading. If the person using or proposing to use the marking, labeling, or container does not accept the determination of the Secretary, such person may request a hearing, but the use of the marking, labeling, or container shall, if the Secretary so directs, be withheld pending hearing and final determination by the Secretary. Any such determination by the Secretary shall be conclusive unless, within thirty days after receipt of notice of such final determination, the person adversely affected thereby appeals to the United States Court of Appeals for the circuit in which such person has its principal place of business or to the United States Court of Appeals for the District of Columbia Circuit. The provisions of section 194 of title 7 shall be applicable to appeals taken under this section.
(Pub. L. 85172, § 8, Aug. 28, 1957, 71 Stat. 444; Pub. L. 90492, § 8, Aug. 18, 1968, 82 Stat. 799; Pub. L. 9688, title V, § 509(b), Oct. 17, 1979, 93 Stat. 695.)
## Notes
Editorial Notes
References in TextThe Federal Food, Drug, and Cosmetic Act, referred to in par. (b), is act June 25, 1938, ch. 675, 52 Stat. 1040, which is classified generally to chapter 9 (§ 301 et seq.) of this title. For complete classification of this Act to the Code, see section 301 of this title and Tables.
Amendments1968—Par. (a). Pub. L. 90492 substituted provisions requiring shipping containers and immediate containers, as the Secretary may order, to bear the information required under section 453(h) of this title, and provisions, whenever the Secretary determines such action to be practicable and necessary, requiring nonconsumer packaged carcasses at the time they leave the official establishment to bear the information required under the aforementioned section, for provisions requiring shipping containers to bear the official mark and the approved plant number of the official establishment in which the contents were processed, provisions requiring immediate containers to bear the official inspection mark, the name of the product, a statement of ingredients, the net weight or other appropriate measure of the contents, the name and address of the processor, and the approved plant number of the official establishment in which the contents were processed, and provisions authorizing the Secretary to make reasonable variations and grant exemptions from the foregoing labeling requirements. Par. (b). Pub. L. 90492 added par. (b). Provisions of former par. (b) were redesignated as pars. (c) and (d). Par. (c). Pub. L. 90492 redesignated part of provisions of former par. (b) as (c) and made changes in phraseology. Par. (d). Pub. L. 90492 redesignated part of provisions of former par. (b) as (d) and extended the authority of the Secretary to withhold from use products which have false or misleading markings or containers.
Statutory Notes and Related Subsidiaries
Change of Name “Secretary of Health and Human Services” substituted for “Secretary of Health, Education, and Welfare” in par. (b) pursuant to section 509(b) of Pub. L. 9688, which is classified to section 3508(b) of Title 20, Education.
Effective Date of 1968 AmendmentAmendment by Pub. L. 90492 effective Aug. 18, 1968, see section 20 of Pub. L. 90492, set out as a note under section 451 of this title.
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# 21 U.S.C. § 458 - Prohibited acts
## Text
(a) No person shall—
(1) slaughter any poultry or process any poultry products which are capable of use as human food at any establishment processing any such articles for commerce, except in compliance with the requirements of this chapter;
(2) sell, transport, offer for sale or transportation, or receive for transportation, in commerce, (A) any poultry products which are capable of use as human food and are adulterated or misbranded at the time of such sale, transportation, offer for sale or transportation, or receipt for transportation; or (B) any poultry products required to be inspected under this chapter unless they have been so inspected and passed;
(3) do, with respect to any poultry products which are capable of use as human food, any act while they are being transported in commerce or held for sale after such transportation, which is intended to cause or has the effect of causing such products to be adulterated or misbranded;
(4) sell, transport, offer for sale or transportation, or receive for transportation, in commerce or from an official establishment, any slaughtered poultry from which the blood, feathers, feet, head, or viscera have not been removed in accordance with regulations promulgated by the Secretary, except as may be authorized by regulations of the Secretary;
(5) use to his own advantage, or reveal other than to the authorized representatives of the United States Government or any State or other government in their official capacity, or as ordered by a court in any judicial proceedings, any information acquired under the authority of this chapter concerning any matter which is entitled to protection as a trade secret.
(b) No brand manufacturer, printer, or other person shall cast, print, lithograph, or otherwise make any device containing any official mark or simulation thereof, or any label bearing any such mark or simulation, or any form of official certificate or simulation thereof, except as authorized by the Secretary.
(c) No person shall—
(1) forge any official device, mark, or certificate;
(2) without authorization from the Secretary use any official device, mark, or certificate, or simulation thereof, or alter, detach, deface, or destroy any official device, mark, or certificate;
(3) contrary to the regulations prescribed by the Secretary, fail to use, or to detach, deface, or destroy any official device, mark, or certificate;
(4) knowingly possess, without promptly notifying the Secretary or his representative, any official device or any counterfeit, simulated, forged, or improperly altered official certificate or any device or label or any carcass of any poultry, or part or product thereof, bearing any counterfeit, simulated, forged, or improperly altered official mark;
(5) knowingly make any false statement in any shippers certificate or other nonofficial or official certificate provided for in the regulations prescribed by the Secretary; or
(6) knowingly represent that any article has been inspected and passed, or exempted, under this chapter when, in fact, it has respectively, not been so inspected and passed, or exempted.
(Pub. L. 85172, § 9, Aug. 28, 1957, 71 Stat. 445; Pub. L. 90492, § 9, Aug. 18, 1968, 82 Stat. 800.)
## Notes
Editorial Notes
Amendments1968—Pub. L. 90492 made revisions in form and phraseology, added to the enumerated prohibited acts slaughtering poultry or processing any poultry products capable of use as human food, except in compliance with the requirements of this chapter, selling and transporting adulterated or misbranded poultry products or uninspected poultry products, adulterating or misbranding poultry products while they are being transported in commerce or held for sale after such transportation, treating carcasses not in accordance with regulations promulgated by the Secretary, possessing, without notifying the Secretary, any official device or any counterfeit, simulated, etc., official certificate, or any device or label bearing any counterfeit, simulated, etc., official mark, and making false representations and statements, and clarified application to brand manufacturers and printers of existing provisions prohibiting the counterfeiting of official marks, labels, or certificates.
Statutory Notes and Related Subsidiaries
Effective Date of 1968 AmendmentAmendment by Pub. L. 90492 effective Aug. 18, 1968, except that amendment of pars. (a)(2)(A) and (a)(3) effective upon the expiration of sixty days after Aug. 18, 1968, see section 20 of Pub. L. 90492, set out as a note under section 451 of this title.
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# 21 U.S.C. § 459 - Compliance by all establishments
## Text
(a) In general No establishment processing poultry or poultry products for commerce otherwise subject to this chapter shall process any poultry or poultry product except in compliance with the requirements of this chapter.
(b) Notification Any establishment subject to inspection under this chapter that believes, or has reason to believe, that an adulterated or misbranded poultry or poultry product received by or originating from the establishment has entered into commerce shall promptly notify the Secretary with regard to the type, amount, origin, and destination of the poultry or poultry product.
(c) Plans and reassessments The Secretary shall require that each establishment subject to inspection under this chapter shall, at a minimum—
(1) prepare and maintain current procedures for the recall of all poultry or poultry products produced and shipped by the establishment;
(2) document each reassessment of the process control plans of the establishment; and
(3) upon request, make the procedures and reassessed process control plans available to inspectors appointed by the Secretary for review and copying.
(Pub. L. 85172, § 10, Aug. 28, 1957, 71 Stat. 446; Pub. L. 90492, § 10, Aug. 18, 1968, 82 Stat. 801; Pub. L. 110234, title XI, § 11017(b), May 22, 2008, 122 Stat. 1370; Pub. L. 110246, § 4(a), title XI, § 11017(b), June 18, 2008, 122 Stat. 1664, 2132.)
## Notes
Editorial Notes
Codification Pub. L. 110234 and Pub. L. 110246 made identical amendments to this section. The amendments by Pub. L. 110234 were repealed by section 4(a) of Pub. L. 110246.
Amendments2008—Pub. L. 110246, § 11017(b), inserted section catchline, designated existing provisions as subsec. (a), inserted heading, and added subsecs. (b) and (c). 1968—Pub. L. 90492 substituted “otherwise subject to this chapter” for “in or for marketing in a designated major consuming area”.
Statutory Notes and Related Subsidiaries
Effective Date of 2008 AmendmentAmendment of this section and repeal of Pub. L. 110234 by Pub. L. 110246 effective May 22, 2008, the date of enactment of Pub. L. 110234, see section 4 of Pub. L. 110246, set out as an Effective Date note under section 8701 of Title 7, Agriculture.
Effective Date of 1968 AmendmentAmendment by Pub. L. 90492 effective Aug. 18, 1968, see section 20 of Pub. L. 90492, set out as a note under section 451 of this title.
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# 21 U.S.C. § 460 - Miscellaneous activities subject to regulation
## Text
(a) Prohibition of inspection of articles not intended for use as human food; denaturation or other identification prior to distribution in commerce; inedible articles Inspection shall not be provided under this chapter at any establishment for the slaughter of poultry or the processing of any carcasses or parts or products of poultry, which are not intended for use as human food, but such articles shall, prior to their offer for sale or transportation in commerce, unless naturally inedible by humans, be denatured or otherwise identified as prescribed by regulations of the Secretary to deter their use for human food. No person shall buy, sell, transport, or offer for sale or transportation, or receive for transportation, in commerce, or import, any poultry carcasses or parts or products thereof which are not intended for use as human food unless they are denatured or otherwise identified as required by the regulations of the Secretary or are naturally inedible by humans.
(b) Recordkeeping requirements; persons liable; scope of disclosure; access to places of business; examination of records, facilities, and inventories; copies; samples The following classes of persons shall, for such period of time as the Secretary may by regulations prescribe, not to exceed two years unless otherwise directed by the Secretary for good cause shown, keep such records as are properly necessary for the effective enforcement of this chapter in order to insure against adulterated or misbranded poultry products for the American consumer; and all persons subject to such requirements shall, at all reasonable times, upon notice by a duly authorized representative of the Secretary, afford such representative access to their places of business and opportunity to examine the facilities, inventory, and records thereof, to copy all such rec­ords, and to take reasonable samples of their inventory upon payment of the fair market value therefor—
(1) Any person that engages in the business of slaughtering any poultry or processing, freezing, packaging, or labeling any carcasses, or parts or products of carcasses, of any poultry, for commerce, for use as human food or animal food;
(2) Any person that engages in the business of buying or selling (as poultry products brokers, wholesalers or otherwise), or transporting, in commerce, or storing in or for commerce, or importing, any carcasses, or parts or products of carcasses, of any poultry;
(3) Any person that engages in business, in or for commerce, as a renderer, or engages in the business of buying, selling, or transporting, in commerce, or importing, any dead, dying, disabled, or diseased poultry or parts of the carcasses of any poultry that died otherwise than by slaughter.
(c) Registration of business, name of person, and trade names No person shall engage in business, in or for commerce, as a poultry products broker, renderer, or animal food manufacturer, or engage in business in commerce as a wholesaler of any carcasses, or parts or products of the carcasses, of any poultry, whether intended for human food or other purposes, or engage in business as a public warehouseman storing any such articles in or for commerce, or engage in the business of buying, selling, or transporting in commerce, or importing, any dead, dying, disabled, or diseased poultry, or parts of the carcasses of any poultry that died otherwise than by slaughter, unless when required by regulations of the Secretary, he has registered with the Secretary his name, and the address of each place of business at which, and all trade names under which, he conducts such business.
(d) Regulation of transactions, transportation, or importation of dead, dying, disabled or diseased poultry or carcasses to prevent use as human food No person engaged in the business of buying, selling, or transporting in commerce, or importing, dead, dying, disabled, or diseased poultry, or any parts of the carcasses of any poultry that died otherwise than by slaughter, shall buy, sell, transport, offer for sale or transportation, or receive for transportation, in commerce, or import, any dead, dying, disabled, or diseased poultry or parts of the carcasses of any poultry that died otherwise than by slaughter, unless such transaction, transportation or importation is made in accordance with such regulations as the Secretary may prescribe to assure that such poultry, or the unwholesome parts or products thereof, will be prevented from being used for human food.
(e) Federal provisions applicable to State or Territorial business transactions of a local nature and not subject to local authority The authority conferred on the Secretary by paragraph (b), (c), or (d) of this section with respect to persons engaged in the specified kinds of business in or for commerce may be exercised with respect to persons engaged, in any State or organized territory, in such kinds of business but not in or for commerce, whenever the Secretary determines, after consultation with an appropriate advisory committee provided for in section 454 of this title, that the State or territory does not have at least equal authority under its laws or such authority is not exercised in a manner to effectuate the purposes of this chapter, including the State or territory providing for the Secretary or his representative being afforded access to such places of business and the facilities, inventories, and records thereof, and the taking of reasonable samples, where he determines necessary in carrying out his responsibilities under this chapter; and in such case the provisions of paragraph (b), (c), or (d) of this section, respectively, shall apply to such persons to the same extent and in the same manner as if they were engaged in such business in or for commerce and the transactions involved were in commerce.
(Pub. L. 85172, § 11, Aug. 28, 1957, 71 Stat. 446; Pub. L. 90492, § 11, Aug. 18, 1968, 82 Stat. 801.)
## Notes
Editorial Notes
Amendments1968—Pub. L. 90492 designated existing provisions as par. (b), added pars. (a), and (c) to (e), and in par. (b), as so designated, extended the types of persons required to maintain records necessary for the enforcement of this chapter, required such persons to give representatives of the Secretary access to their places of business, and opportunity to examine records, facilities, and inventories and to copy records and take inventory samples upon payment.
Statutory Notes and Related Subsidiaries
Effective Date of 1968 AmendmentAmendment by Pub. L. 90492 effective Aug. 18, 1968, except that par. (d) effective upon the expiration of sixty days after Aug. 18, 1968, see section 20 of Pub. L. 90492, set out as a note under section 451 of this title.
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# 21 U.S.C. § 461 - Offenses and punishment
## Text
(a) Violations; liability of agents, employees, and employers Any person who violates the provisions of section 458, 459, 460, 463, or 466 of this title shall be fined not more than $1,000 or imprisoned not more than one year, or both; but if such violation involves intent to defraud, or any distribution or attempted distribution of an article that is adulterated (except as defined in section 453(g)(8) of this title), such person shall be fined not more than $10,000 or imprisoned not more than three years, or both. When construing or enforcing the provisions of said sections the act, omission, or failure of any person acting for or employed by any individual, partnership, corporation, or association within the scope of his employment or office shall in every case be deemed the act, omission, or failure of such individual, partnership, corporation, or association, as well as of such person.
(b) Liability of carrier No carrier shall be subject to the penalties of this chapter, other than the penalties for violation of section 460 of this title, by reason of his receipt, carriage, holding, or delivery, in the usual course of business, as a carrier, of poultry or poultry products, owned by another person unless the carrier has knowledge, or is in possession of facts which would cause a reasonable person to believe that such poultry or poultry products were not inspected or marked in accordance with the provisions of this chapter or were otherwise not eligible for transportation under this chapter or unless the carrier refuses to furnish on request of a representative of the Secretary the name and address of the person from whom he received such poultry or poultry products, and copies of all documents, if any there be, pertaining to the delivery of the poultry or poultry products to such carrier.
(c) Assaulting, resisting, or impeding certain persons; murder; punishments Any person who forcibly assaults, resists, opposes, impedes, intimidates, or interferes with any person while engaged in or on account of the performance of his official duties under this chapter shall be fined not more than $5,000 or imprisoned not more than three years, or both. Whoever, in the commission of any such acts, uses a deadly or dangerous weapon, shall be fined not more than $10,000 or imprisoned not more than ten years, or both. Whoever kills any person while engaged in or on account of the performance of his official duties under this chapter shall be punished as provided under sections 1111 and 1114 of title 18.
(Pub. L. 85172, § 12, Aug. 28, 1957, 71 Stat. 446; Pub. L. 90492, § 12, Aug. 18, 1968, 82 Stat. 802.)
## Notes
Editorial Notes
Amendments1968—Par. (a). Pub. L. 90492, § 12(a), inserted reference to violations of section 463 of this title, and substituted provisions that violators of the enumerated sections shall be fined not more than $1,000 or imprisoned not more than one year, or both, but that in cases involving intent to defraud, or any distribution or attempt to distribute adulterated articles, except as defined in section 453(g) of this title, the violators shall be fined not more than $10,000 or imprisoned not more than three years, or both, for provisions that violators shall be guilty of a misdemeanor and subject to imprisonment for not more than six months or a fine of not more than $3,000, or both, with increased fines and imprisonment for any subsequent violations. Par. (b). Pub. L. 90492, § 12(b), substituted “of poultry” for “of slaughtered poultry”, “such poultry” for “such slaughtered poultry”, and “otherwise not eligible” for “not otherwise eligible”, and inserted provision that no carrier shall be subject to punishment unless the carrier refuses to furnish the name and address of the person from whom he received such poultry or poultry products, and copies of any documents pertaining to the delivery of the poultry or poultry products to such carrier. Par. (c). Pub. L. 90492, § 12(c), added par. (c).
Statutory Notes and Related Subsidiaries
Effective Date of 1968 AmendmentAmendment by Pub. L. 90492 effective Aug. 18, 1968, see section 20 of Pub. L. 90492, set out as a note under section 451 of this title.
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# 21 U.S.C. § 462 - Reporting of violations; notice; opportunity to present views
## Text
Before any violation of this chapter is reported by the Secretary to any United States attorney for institution of a criminal proceeding, the person against whom such proceeding is contemplated shall be given reasonable notice of the alleged violation and opportunity to pre­sent his views orally or in writing with regard to such contemplated proceeding. Nothing in this chapter shall be construed as requiring the Secretary to report for criminal prosecution violations of this chapter whenever he believes that the public interest will be adequately served and compliance with the chapter obtained by a suitable written notice or warning.
(Pub. L. 85172, § 13, Aug. 28, 1957, 71 Stat. 447.)
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# 21 U.S.C. § 463 - Rules and regulations
## Text
(a) Storage and handling of poultry products; violation of regulations The Secretary may by regulations prescribe conditions under which poultry products capable of use as human food, shall be stored or otherwise handled by any person engaged in the business of buying, selling, freezing, storing, or transporting, in or for commerce, or importing, such articles, whenever the Secretary deems such action necessary to assure that such articles will not be adulterated or misbranded when delivered to the consumer. Violation of any such regulation is prohibited.
(b) Other necessary rules and regulations The Secretary shall promulgate such other rules and regulations as are necessary to carry out the provisions of this chapter.
(c) Oral presentation of views In applying the provisions of section 553(c) of title 5 to proposed rule making under this chapter, an opportunity for the oral presentation of views shall be accorded all interested persons.
(Pub. L. 85172, § 14, Aug. 28, 1957, 71 Stat. 447; Pub. L. 90492, § 13, Aug. 18, 1968, 82 Stat. 803.)
## Notes
Editorial Notes
Amendments1968—Pub. L. 90492 designated existing provisions as par. (b), added pars. (a) and (c), and in par. (b), as so designated, substituted “such other rules” for “such rules”.
Statutory Notes and Related Subsidiaries
Effective Date of 1968 AmendmentAmendment by Pub. L. 90492 effective Aug. 18, 1968, see section 20 of Pub. L. 90492, set out as a note under section 451 of this title.
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# 21 U.S.C. § 464 - Exemptions
## Text
(a) Persons exempted The Secretary shall, by regulation and under such conditions as to sanitary standards, practices, and procedures as he may prescribe, exempt from specific provisions of this chapter—
(1) retail dealers with respect to poultry products sold directly to consumers in individual retail stores, if the only processing operation performed by such retail dealers is the cutting up of poultry products on the premises where such sales to consumers are made;
(2) for such period of time as the Secretary determines that it would be impracticable to provide inspection and the exemption will aid in the effective administration of this chapter, any person engaged in the processing of poultry or poultry products for commerce and the poultry or poultry products processed by such person: Provided, however, That no such exemption shall continue in effect on and after January 1, 1970; and
(3) persons slaughtering, processing, or otherwise handling poultry or poultry products which have been or are to be processed as required by recognized religious dietary laws, to the extent that the Secretary determines necessary to avoid conflict with such requirements while still effectuating the purposes of this chapter.
(b) Territorial exemption The Secretary may, under such sanitary conditions as he may by regulations prescribe, exempt from the inspection requirements of this chapter the slaughter of poultry, and the processing of poultry products, by any person in any Territory not organized with a legislative body, solely for distribution within such Territory, when the Secretary determines that it is impracticable to provide such inspection within the limits of funds appropriated for administration of this chapter and that such exemption will aid in the effective administration of this chapter.
(c) Personal slaughtering; custom slaughtering; name and address of the poultry producer or processor in lieu of other labeling requirements; small enterprises; slaughterers or processors of specified number of turkeys; poultry producers raising poultry on own farms (1) The Secretary shall, by regulation and under such conditions, including sanitary standards, practices, and procedures, as he may prescribe, exempt from specific provisions of this chapter—
(A) the slaughtering by any person of poultry of his own raising, and the processing by him and transportation in commerce of the poultry products exclusively for use by him and members of his household and his nonpaying guests and employees;
(B) the custom slaughter by any person of poultry delivered by the owner thereof for such slaughter, and the processing by such slaughterer and transportation in commerce of the poultry products exclusively for use, in the household of such owner, by him and members of his household and his nonpaying guests and employees: Provided, That such custom slaughterer does not engage in the business of buying or selling any poultry products capable of use as human food;
(C) the slaughtering and processing of poultry products in any State or Territory or the District of Columbia by any poultry producer on his own premises with respect to sound and healthy poultry raised on his premises and the distribution by any person solely within such jurisdiction of the poultry products derived from such operations, if, in lieu of other labeling requirements, such poultry products are identified with the name and address of such poultry producer, and if they are not otherwise misbranded, and are sound, clean, and fit for human food when so distributed; and
(D) the slaughtering of sound and healthy poultry or the processing of poultry products of such poultry in any State or territory or the District of Columbia by any poultry producer or other person for distribution by him solely within such jurisdiction directly to household consumers, restaurants, hotels, and boarding houses, for use in their own dining rooms, or in the preparation of meals for sales direct to consumers, if, in lieu of other labeling requirements, such poultry products are identified with the name and address of the processor, and if they are not otherwise misbranded and are sound, clean, and fit for human food when distributed by such processor.
The exemptions provided for in clauses (C) and (D) above shall not apply if the poultry producer or other person engages in the current calendar year in the business of buying or selling any poultry or poultry products other than as specified in such clauses.
(2) In addition to the specific exemptions provided herein, the Secretary shall, when he determines that the protection of consumers from adulterated or misbranded poultry products will not be impaired by such action, provide by regulation, consistent with subparagraph (3), for the exemption of the operation and products of small enterprises (including poultry producers), not exempted under subparagraph (1), which are engaged in any State or Territory or the District of Columbia in slaughtering and/or cutting up poultry for distribution as carcasses or parts thereof solely for distribution within such jurisdiction, from such provisions of this chapter as he deems appropriate, while still protecting the public from adulterated or misbranded products, under such conditions, including sanitary requirements, as he shall prescribe to effectuate the purposes of this chapter.
(3) No exemption under subparagraph (1)(C) or (D) or subparagraph (2) shall apply to any poultry producer or other person who, in the current calendar year—
(A) slaughters or processes the products of more than 20,000 poultry; or
(B) slaughters or processes the products of poultry at a facility used for slaughtering or processing of the products of poultry by any other poultry producer or person.
Notwithstanding clause (B), the Secretary may grant such exemption to any poultry producer or other person if the Secretary determines, upon application of such poultry producer or other person, that granting such exemption will not impair effectuating the purposes of this chapter.
(4) The provisions of this chapter shall not apply to poultry producers with respect to poultry of their own raising on their own farms if (i) such producers slaughter not more than 1,000 poultry during the calendar year for which this exemption is being determined; (ii) such poultry producers do not engage in buying or selling poultry products other than those produced from poultry raised on their own farms; and (iii) none of such poultry moves in commerce (as defined in section 453(a) of this title).
(d) Pizzas containing poultry products (1) Under such terms and conditions as the Secretary shall prescribe through rules and regulations issued under this section that may be necessary to ensure food safety and protect public health such as special handling procedures, the Secretary shall exempt pizzas containing a poultry product from the inspection requirements of this chapter if—
(A) the poultry product components of the pizzas have been prepared, inspected, and passed in a cured or cooked form as ready-to-eat in compliance with the requirements of this chapter; and
(B) the pizzas are to be served in public or private nonprofit institutions.
(2) The Secretary may withdraw or modify any exemption under this subsection whenever the Secretary determines such action is necessary to ensure food safety and to protect public health. The Secretary may reinstate or further modify any exemption withdrawn or modified under this subsection.
(e) Applicability of adulteration and misbranding provisions to articles exempted from inspection The adulteration and misbranding provisions of this chapter, other than the requirement of the inspection legend, shall apply to articles which are exempted from inspection under this section, except as otherwise specified under paragraphs (a) and (d).
(f) Suspension or termination of exemption The Secretary may by order suspend or terminate any exemption under this section with respect to any person whenever he finds that such action will aid in effectuating the purposes of this chapter.
(Pub. L. 85172, § 15, Aug. 28, 1957, 71 Stat. 447; Pub. L. 90492, § 14, Aug. 18, 1968, 82 Stat. 803; Pub. L. 97206, June 30, 1982, 96 Stat. 136; Pub. L. 102237, title X, § 1016(b), Dec. 13, 1991, 105 Stat. 1903.)
## Notes
Editorial Notes
Amendments1991—Subsecs. (d) to (f). Pub. L. 102237 added subsec. (d), redesignated former subsec. (d) as (e) and substituted “(d)” for “(c)”, and redesignated former subsec. (e) as (f). 1982—Par. (c)(3). Pub. L. 97206, § 1, substituted provisions that no exemption would be given to persons who during the current calendar year either slaughter or process the products of more than 20,000 poultry, or slaughter or process such poultry at a facility of another poultry producer or person, but that, in the latter case, the Secretary may grant the exemption upon application of such poultry producer or person if granting such exemption would not impair the purposes of this chapter, for provisions that an exemption would not be granted to those who slaughter or process the products of more than 5,000 turkeys or an equivalent number of poultry of all species in the current calendar year (four birds of other species being deemed equivalent of one turkey). Par. (c)(4)(i). Pub. L. 97206, § 2, substituted “1,000 poultry during the calendar year for which this exemption is being determined” for “250 turkeys, or not more than an equivalent number of birds of all species during the calendar year for which this exemption is being determined (four birds of other species being deemed the equivalent of one turkey)”. 1968—Par. (a). Pub. L. 90492, § 14(a), (b), redesignated subpars. (2) to (4) as (1) to (3), respectively, and in subpar. (2), as so redesignated, substituted “January 1, 1970” for “July 1, 1960”. Former subpar. (1), which exempted poultry producers with respect to poultry of their own raising on their own farms which they sold directly to household consumers, hotels, etc., for use in their own dining rooms or in the preparation of meals for sales direct to consumers only, provided that such producers did not engage in buying or selling poultry products other than those produced from poultry raised on their own farms, was struck out. Pars. (b) to (e). Pub. L. 90492, § 14(c), added pars. (b) to (d) and redesignated former par. (b) as (e).
Statutory Notes and Related Subsidiaries
Effective Date of 1968 AmendmentAmendment by Pub. L. 90492 effective upon the expiration of sixty days after Aug. 18, 1968, see section 20(b) of Pub. L. 90492, set out as a note under section 451 of this title.
RegulationsPub. L. 102237, title X, § 1016(c), Dec. 13, 1991, 105 Stat. 1903, provided that: “No later than August 1, 1992, the Secretary of Agriculture shall issue final rules, through prior notice and comment rulemaking procedures, to implement the exemption authorized by section 23(c) of the Federal Meat Inspection Act [21 U.S.C. 623(c)] (as added by subsection (a)) and the exemption authorized by section 15(d) of the Poultry Products Inspection Act [21 U.S.C. 464(d)] (as added by subsection (b)). Prior to the issuance of the final rules, the Secretary shall hold at least one public hearing examining the public health and food safety issues raised by the granting of each of the exemptions.”
Studies Concerning Grant of Future Exemptions for Poultry and Meat Food ProductsPub. L. 102237, title X, § 1016(d), Dec. 13, 1991, 105 Stat. 1903, directed Secretary of Agriculture in consultation with National Academy of Sciences to conduct a study on meat food and poultry products inspection exemptions under Federal Meat Inspection Act and Poultry Products Inspection Act and a study on an exemption from requirements of such Acts for certain wholesale meat outlets selling to hotels and other similar institutional users not later than 24 months after Dec. 13, 1991, and on completion of each study to provide the results to Committee on Agriculture of House of Representatives and Committee on Agriculture, Nutrition, and Forestry of Senate.
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# 21 U.S.C. § 465 - Limitations upon entry of poultry products and other materials into official establishments
## Text
The Secretary may limit the entry of poultry products and other materials into any official establishment, under such conditions as he may prescribe to assure that allowing the entry of such articles into such inspected establishments will be consistent with the purposes of this chapter.
(Pub. L. 85172, § 16, Aug. 28, 1957, 71 Stat. 448; Pub. L. 90492, § 15, Aug. 18, 1968, 82 Stat. 805.)
## Notes
Editorial Notes
Amendments1968—Pub. L. 90492 substituted provisions authorizing the Secretary to limit the entry of poultry products and other materials into any official establishment for provisions that any person distributing unwholesome or adulterated exempted poultry or poultry products intended for human consumption shall be guilty of a misdemeanor and subject to penalties upon conviction thereof.
Statutory Notes and Related Subsidiaries
Effective Date of 1968 AmendmentAmendment by Pub. L. 90492 effective Aug. 18, 1968, see section 20 of Pub. L. 90492, set out as a note under section 451 of this title.
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# 21 U.S.C. § 466 - Imports
## Text
(a) Compliance with standards and regulations; status after importation No slaughtered poultry, or parts or products thereof, of any kind shall be imported into the United States unless they are healthful, wholesome, fit for human food, not adulterated, and contain no dye, chemical, preservative, or ingredient which renders them unhealthful, un­wholesome, adulterated, or unfit for human food and unless they also comply with the rules and regulations made by the Secretary of Agriculture to assure that imported poultry or poultry products comply with the standards provided for in this chapter. All imported, slaughtered poultry, or parts or products thereof, shall after entry into the United States in compliance with such rules and regulations be deemed and treated as domestic slaughtered poultry, or parts or products thereof, within the meaning and subject to the provisions of this chapter and the Federal Food, Drug, and Cosmetic Act [21 U.S.C. 301 et seq.], and Acts amendatory of, supplemental to, or in substitution for such chapter and Act.
(b) Rules and regulations; destruction and exportation of refused imports The Secretary of Agriculture is authorized to make rules and regulations to carry out the purposes of this section and in such rules and regulations the Secretary of Agriculture may prescribe the terms and conditions for the destruction of all slaughtered poultry, or parts or products thereof, offered for entry and refused admission into the United States unless such slaughtered poultry, or parts or products thereof, be exported by the consignee within the time fixed therefor in such rules and regulations.
(c) Storage, cartage and labor charges for imports refused admission All charges for storage, cartage, and labor with respect to any product which is refused admission pursuant to this section shall be paid by the owner or consignee, and in default of such payment shall constitute a lien against any other products imported thereafter by or for such owner or consignee.
(d) Domestic standards and processing facilities applicable; enforcement (1) Notwithstanding any other provision of law, all poultry, or parts or products of poultry, capable of use as human food offered for importation into the United States shall—
(A) be subject to inspection, sanitary, quality, species verification, and residue standards that achieve a level of sanitary protection equivalent to that achieved under United States standards; and
(B) have been processed in facilities and under conditions that achieve a level of sanitary protection equivalent to that achieved under United States standards.
(2) (A) The Secretary may treat as equivalent to a United States standard a standard of an exporting country described in paragraph (1) if the exporting country provides the Secretary with scientific evidence or other information, in accordance with risk assessment methodologies determined appropriate by the Secretary, to demonstrate that the standard of the exporting country achieves the level of sanitary protection achieved under the United States standard. For the purposes of this subsection, the term “sanitary protection” means protection to safeguard public health.
(B) The Secretary may—
(i) determine, on a scientific basis, that the standard of the exporting country does not achieve the level of protection that the Secretary considers appropriate; and
(ii) provide the basis for the determination in writing to the exporting country on request.
(3) Any such imported poultry article that does not meet such standards shall not be permitted entry into the United States.
(4) The Secretary shall enforce this subsection through—
(A) random inspections for such species verification and for residues; and
(B) random sampling and testing of internal organs and fat of carcasses for residues at the point of slaughter by the exporting country, in accordance with methods approved by the Secretary.
(Pub. L. 85172, § 17, Aug. 28, 1957, 71 Stat. 448; Pub. L. 99198, title XVII, § 1701(a), Dec. 23, 1985, 99 Stat. 1633; Pub. L. 103182, title III, § 361(e), Dec. 8, 1993, 107 Stat. 2123; Pub. L. 103465, title IV, § 431(k), Dec. 8, 1994, 108 Stat. 4969.)
## Notes
Editorial Notes
References in TextThe Federal Food, Drug, and Cosmetic Act, referred to in subsec. (a), is act June 25, 1938, ch. 675, 52 Stat. 1040, which is classified generally to chapter 9 (§ 301 et seq.) of this title. For complete classification of this Act to the Code, see section 301 of this title and Tables.
Amendments1994—Subsec. (d)(1). Pub. L. 103465, § 431(k)(1), amended par. (1) generally. Prior to amendment, par. (1) read as follows: “Notwithstanding any other provision of law, except as provided in paragraph (2), all poultry, or parts or products thereof, capable of use as human food offered for importation into the United States shall— “(A) be subject to the same inspection, sanitary, quality, species verification, and residue standards applied to products produced in the United States; and “(B) have been processed in facilities and under conditions that are the same as those under which similar products are processed in the United States.” Subsec. (d)(2)(A). Pub. L. 103465, § 431(k)(2)(A), amended subpar. (A) generally. Prior to amendment, subpar. (A) read as follows: “Notwithstanding any other provision of law, all poultry, or parts or products of poultry, capable of use as human food offered for importation into the United States from Canada and Mexico shall— “(i) comply with paragraph (1); or “(ii)(I) be subject to inspection, sanitary, quality, species verification, and residue standards that are equivalent to United States standards; and “(II) have been processed in facilities and under conditions that meet standards that are equivalent to United States standards.” Subsec. (d)(2)(B), (C). Pub. L. 103465, § 431(k)(2)(B), (C), redesignated subpar. (C) as (B) and struck out former subpar. (B) which read as follows: “The Secretary may treat as equivalent to a United States standard a standard of Canada or Mexico described in subparagraph (A)(ii) if the exporting country provides the Secretary with scientific evidence or other information, in accordance with risk assessment methodologies agreed to by the Secretary and the exporting country, to demonstrate that the standard of the exporting country achieves the level of protection that the Secretary considers appropriate.” 1993—Subsec. (d). Pub. L. 103182, in par. (1), inserted “except as provided in paragraph (2),” before “all poultry” in introductory provisions, added par. (2), and redesignated former pars. (2) and (3) as (3) and (4), respectively. 1985—Par. (d). Pub. L. 99198 added par. (d).
Statutory Notes and Related Subsidiaries
Effective Date of 1994 AmendmentAmendment by Pub. L. 103465 effective, except as otherwise provided, on the date of entry into force of the World Trade Organization Agreement with respect to the United States (Jan. 1, 1995), see section 451 of Pub. L. 103465, set out as an Effective Date note under section 3601 of Title 19, Customs Duties.
Effective Date of 1985 AmendmentPub. L. 99198, title XVII, § 1701(b), Dec. 23, 1985, 99 Stat. 1633, provided that: “The amendment made by this section [amending this section] shall become effective 6 months after the date of enactment of this Act [Dec. 23, 1985].”
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# 21 U.S.C. § 467 - Inspection services
## Text
(a) Refusal or withdrawal; hearing; business unfitness based upon certain convictions; persons responsibly connected with the business The Secretary may (for such period, or indefinitely, as he deems necessary to effectuate the purposes of this chapter) refuse to provide, or withdraw, inspection service under this chapter with respect to any establishment if he determines, after opportunity for a hearing is accorded to the applicant for, or recipient of, such service, that such applicant or recipient is unfit to engage in any business requiring inspection upon this chapter because the applicant or recipient or anyone responsibly connected with the applicant or recipient, has been convicted, in any Federal or State court, within the previous ten years of (1) any felony or more than one misdemeanor under any law based upon the acquiring, handling, or distributing of adulterated, mislabeled, or deceptively packaged food or fraud in connection with transactions in food; or (2) any felony, involving fraud, bribery, extortion, or any other act or circumstances indicating a lack of the integrity needed for the conduct of operations affecting the public health. For the purpose of this paragraph a person shall be deemed to be responsibly connected with the business if he was a partner, officer, director, holder, or owner of 10 per centum or more of its voting stock or employee in a managerial or executive capacity.
(b) Hearing to determine validity of withdrawal or refusal of inspection services; continuation of withdrawal or refusal Upon the withdrawal of inspection service from any official establishment for failure to destroy condemned poultry products as required under section 455 of this title, or other failure of an official establishment to comply with the requirements as to premises, facilities, or equipment, or the operation thereof, as provided in section 456 of this title, or the refusal of inspection service to any applicant therefor because of failure to comply with any requirements under section 456 of this title, the applicant for, or recipient of, the service shall, upon request, be afforded opportunity for a hearing with respect to the merits or validity of such action; but such withdrawal or refusal shall continue in effect unless otherwise ordered by the Secretary.
(c) Finality and conclusiveness of determination; judicial review; record The determination and order of the Secretary when made after opportunity for hearing, with respect to withdrawal or refusal of inspection service under this chapter shall be final and conclusive unless the affected applicant for, or recipient of, inspection service files application for judicial review within thirty days after the effective date of such order in the United States Court of Appeals as provided in section 457 of this title. Judicial review of any such order shall be upon the record upon which the determination and order are based. The provisions of section 194 of title 7 shall be applicable to appeals taken under this section.
(Pub. L. 85172, § 18, Aug. 28, 1957, 71 Stat. 448; Pub. L. 90492, § 16, Aug. 18, 1968, 82 Stat. 805.)
## Notes
Editorial Notes
Amendments1968—Par. (a). Pub. L. 90492 substituted provisions authorizing the Secretary to refuse or withdraw inspection services subsequent to a hearing determining that the applicant or recipient is unfit to engage in any business requiring inspection under this chapter based upon the specified considerations, for provisions granting the Secretary exclusive jurisdiction within the scope of this chapter and exempting poultry and poultry products from the provisions of the Federal Food, Drug, and Cosmetic Act, as amended, to the extent of the application or the extension thereof of the provisions of this chapter. Par. (b). Pub. L. 90492 substituted provisions granting a hearing, upon request by the applicant or recipient, to determine the merits and validity of the withdrawal or refusal of inspection services and continuing such withdrawal or refusal in effect, unless otherwise ordered by the Secretary, for provisions authorizing the Secretary to cooperate with other branches of government and with State agencies and to conduct examinations, investigations, and inspections through any officer or employee of a State commissioned by the Secretary for such purpose. Par. (c). Pub. L. 90492 added par. (c).
Statutory Notes and Related Subsidiaries
Effective Date of 1968 AmendmentAmendment by Pub. L. 90492 effective Aug. 18, 1968, see section 20 of Pub. L. 90492, set out as a note under section 451 of this title.
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# 21 U.S.C. § 467a - Administrative detention; duration; pending judicial proceedings; notification of government authorities; release; removal of official marks
## Text
Whenever any poultry product, or any product exempted from the definition of a poultry product, or any dead, dying, disabled, or diseased poultry is found by any authorized representative of the Secretary upon any premises where it is held for purposes of, or during or after distribution in, commerce or otherwise subject to this chapter, and there is reason to believe that any such article is adulterated or misbranded and is capable of use as human food, or that it has not been inspected, in violation of the provisions of this chapter or of any other Federal law or the laws of any State or Territory, or the District of Columbia, or that it has been or is intended to be, distributed in violation of any such provisions, it may be detained by such representative for a period not to exceed twenty days, pending action under section 467b of this title or notification of any Federal, State, or other governmental authorities having jurisdiction over such article or poultry, and shall not be moved by any person, from the place at which it is located when so detained, until released by such representative. All official marks may be required by such representative to be removed from such article or poultry before it is released unless it appears to the satisfaction of the Secretary that the article or poultry is eligible to retain such marks.
(Pub. L. 85172, § 19, as added Pub. L. 90492, § 17, Aug. 18, 1968, 82 Stat. 805.)
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# 21 U.S.C. § 467b - Seizure and condemnation
## Text
(a) Proceedings in rem; libel of information; jurisdiction; disposal by destruction or sale; proceeds into the Treasury; sales restrictions; bonds; court costs and fees, storage, and other expenses against claimants; jury trial; United States as plaintiff (1) Any poultry product, or any dead, dying, disabled, or diseased poultry, that is being transported in commerce or otherwise subject to this chapter, or is held for sale in the United States after such transportation, and that (A) is or has been processed, sold, transported, or otherwise distributed or offered or received for distribution in violation of this chapter, or (B) is capable of use as human food and is adulterated or misbranded, or (C) in any other way is in violation of this chapter, shall be liable to be proceeded against and seized and condemned, at any time, on a libel of information in any United States district court or other proper court as provided in section 467c of this title within the jurisdiction of which the article or poultry is found.
(2) If the article or poultry is condemned it shall, after entry of the decree, (A) be distributed in accordance with paragraph (5), or (B) be disposed of by destruction or sale as the court may direct and the proceeds, if sold, less the court costs and fees, and storage and other proper expenses, shall be paid into the Treasury of the United States, but the article or poultry shall not be sold contrary to the provisions of this chapter, or the laws of the jurisdiction in which it is sold: Provided, That upon the execution and delivery of a good and sufficient bond conditioned that the article or poultry shall not be sold or otherwise disposed of contrary to the provisions of this chapter, or the laws of the jurisdiction in which disposal is made, the court may direct that such article or poultry be delivered to the owner thereof subject to such supervision by authorized representatives of the Secretary as is necessary to insure compliance with the applicable laws.
(3) When a decree of condemnation is entered against the article or poultry and it is released under bond, or destroyed, court costs and fees, and storage and other proper expenses shall be awarded against the person, if any, intervening as claimant of the article or poultry.
(4) The proceedings in such libel cases shall conform, as nearly as may be, to the proceedings in admiralty, except that either party may demand trial by jury of any issue of fact joined in any case, and all such proceedings shall be at the suit of and in the name of the United States.
(5) (A) An article that is condemned under paragraph (1) may as the court may direct, after entry of the decree, be distributed without charge to nonprofit, private entities or to Federal, State, or local government entities engaged in the distribution of food without charge to individuals, if such article—
(i) is capable of use as a human food;
(ii) has been inspected under this chapter and found to be wholesome and not to be adulterated within the meaning of paragraphs (1) through (7) of section 453(g) of this title and a determination is made at the time of the entry of the decree that such article is wholesome and not so adulterated; and
(iii) is plainly marked “Not for Sale” on such article or its container.
(B) The United States may not be held legally responsible for any article that is distributed under subparagraph (A) to a nonprofit, private entity or to a Federal, State, or local government entity, if such article—
(i) was found after inspection under this chapter to be wholesome and not adulterated within the meaning of paragraphs (1) through (7) of section 453(g) of this title and a determination was made at the time of the entry of the decree that such article was wholesome and not so adulterated; and
(ii) was plainly marked “Not for Sale” on such article or its container.
(C) The person from whom such article was seized and condemned may not be held legally responsible for such article, if such article—
(i) was found after inspection under this chapter to be wholesome and not adulterated within the meaning of paragraphs (1) through (7) of section 453(g) of this title and a determination was made at the time of entry of the decree that such article was wholesome and not so adulterated; and
(ii) was plainly marked “Not for Sale” on such article or its container.
(b) Condemnation or seizure under other provisions unaffected The provisions of this section shall in no way derogate from authority for condemnation or seizure conferred by other provisions of this chapter, or other laws.
(Pub. L. 85172, § 20, as added Pub. L. 90492, § 17, Aug. 18, 1968, 82 Stat. 806; amended Pub. L. 101205, § 2, Dec. 7, 1989, 103 Stat. 1830.)
## Notes
Editorial Notes
Amendments1989—Subsec. (a). Pub. L. 101205 designated first sentence as par. (1) and redesignated cls. (1) to (3) as cls. (A) to (C), respectively, designated second sentence as par. (2) and inserted “(A) be distributed in accordance with paragraph (5), or (B)” after “entry of the decree,”, designated third and fourth sentences as pars. (3) and (4), respectively, and added par. (5).
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# 21 U.S.C. § 467c - Federal court jurisdiction of enforcement and injunction proceedings and other kinds of cases; limitations; United States as plaintiff; subpenas
## Text
The United States district courts, the District Court of Guam, the District Court of the Virgin Islands, the highest court of American Samoa, and the United States courts of the other territories, are vested with jurisdiction specifically to enforce, and to prevent and restrain violations of, this chapter, and shall have jurisdiction in all other kinds of cases arising under this chapter, except as provided in section 457(d) or 467 of this title. All proceedings for the enforcement or to restrain violations of this chapter shall be by and in the name of the United States. Subpenas for witnesses who are required to attend a court of the United States, in any district, may run into any other district in any such proceeding.
(Pub. L. 85172, § 21, as added Pub. L. 90492, § 17, Aug. 18, 1968, 82 Stat. 806.)
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# 21 U.S.C. § 467d - Administration and enforcement; applicability of penalty provisions; conduct of inquiries; power and jurisdiction of courts
## Text
For the efficient administration and enforcement of this chapter, the provision (including penalties) of sections 46, 48, 49 and 50 of title 15 (except paragraphs (c) through (h) of section 46 and the last paragraph of section 49 11 See References in Text note below. of title 15), and the provisions of section 409(l) 1 of title 47, are made applicable to the jurisdiction, powers, and duties of the Secretary in administering and enforcing the provisions of this chapter and to any person with respect to whom such authority is exercised. The Secretary, in person or by such agents as he may designate, may prosecute any inquiry necessary to his duties under this chapter in any part of the United States, and the powers conferred by said sections 49 and 50 of title 15 on the district courts of the United States may be exercised for the purposes of this chapter by any court designated in section 467c of this title.
(Pub. L. 85172, § 22, as added Pub. L. 90492, § 17, Aug. 18, 1968, 82 Stat. 807.)
## Notes
Editorial Notes
References in TextThe last paragraph of section 49 of title 15, and the provisions of section 409(l) of title 47, referred to in text, which related to immunity of witnesses, were repealed by sections 211 and 242, respectively, of Pub. L. 91452, Oct. 15, 1970, title II, 84 Stat. 929, 930. For provisions relating to immunity of witnesses, see section 6001 et seq. of Title 18, Crimes and Criminal Procedure.
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# 21 U.S.C. § 467e - Non-Federal jurisdiction of federally regulated matters; prohibition of additional or different requirements for establishments with inspection services and as to marking, labeling, packaging, and ingredients; recordkeeping and related requirements; concurrent jurisdiction over distribution for human food purposes of adulterated or misbranded and imported articles; other matters
## Text
Requirements within the scope of this chapter with respect to premises, facilities and operations of any official establishment which are in addition to, or different than those made under this chapter may not be imposed by any State or Territory or the District of Columbia, except that any such jurisdiction may impose recordkeeping and other requirements within the scope of paragraph (b) of section 460 of this title, if consistent therewith, with respect to any such establishment. Marking, labeling, packaging, or ingredient requirements (or storage or handling requirements found by the Secretary to unduly interfere with the free flow of poultry products in commerce) in addition to, or different than, those made under this chapter may not be imposed by any State or Territory or the District of Columbia with respect to articles prepared at any official establishment in accordance with the requirements under this chapter, but any State or Territory or the District of Columbia may, consistent with the requirements under this chapter exercise concurrent jurisdiction with the Secretary over articles required to be inspected under this chapter for the purpose of preventing the distribution for human food purposes of any such articles which are adulterated or misbranded and are outside of such an establishment, or, in the case of imported articles which are not at such an establishment, after their entry into the United States. This chapter shall not preclude any State or Territory or the District of Columbia from making requirement or taking other action, consistent with this chapter, with respect to any other matters regulated under this chapter.
(Pub. L. 85172, § 23, as added Pub. L. 90492, § 17, Aug. 18, 1968, 82 Stat. 807.)
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# 21 U.S.C. § 467f - Federal Food, Drug, and Cosmetic Act applications
## Text
(a) Exemptions; authorities under food, drug, and cosmetic provisions unaffected Poultry and poultry products shall be exempt from the provisions of the Federal Food, Drug, and Cosmetic Act [21 U.S.C. 301 et seq.] to the extent of the application or extension thereto of the provisions of this chapter, except that the provisions of this chapter shall not derogate from any authority conferred by the Federal Food, Drug, and Cosmetic Act prior to August 18, 1968.
(b) Enforcement proceedings; detainer authority of representatives of Secretary of Health and Human Services The detainer authority conferred by section 467a of this title shall apply to any authorized representative of the Secretary of Health and Human Services for purposes of the enforcement of the Federal Food, Drug, and Cosmetic Act [21 U.S.C. 301 et seq.] with respect to any poultry carcass, or part or product thereof, that is outside any official establishment, and for such purposes the first reference to the Secretary in section 467a of this title shall be deemed to refer to the Secretary of Health and Human Services.
(Pub. L. 85172, § 24, as added Pub. L. 90492, § 17, Aug. 18, 1968, 82 Stat. 807; amended Pub. L. 9688, title V, § 509(b), Oct. 17, 1979, 93 Stat. 695.)
## Notes
Editorial Notes
References in TextThe Federal Food, Drug, and Cosmetic Act, referred to in text, is act June 25, 1938, ch. 675, 52 Stat. 1040, which is classified generally to chapter 9 (§ 301 et seq.) of this title. For complete classification of this Act to the Code, see section 301 of this title and Tables.
Statutory Notes and Related Subsidiaries
Change of Name “Secretary of Health and Human Services” substituted for “Secretary of Health, Education, and Welfare” in par. (b) pursuant to section 509(b) of Pub. L. 9688, which is classified to section 3508(b) of Title 20, Education.
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# 21 U.S.C. § 468 - Cost of inspection; overtime
## Text
The cost of inspection rendered under the requirements of this chapter, shall be borne by the United States, except the cost of overtime and holiday pay paid pursuant to the 11 So in original. The word “the” probably should not appear. section 2219a of title 7.
(Pub. L. 85172, § 25, formerly § 19, Aug. 28, 1957, 71 Stat. 448, renumbered Pub. L. 90492, § 17, Aug. 18, 1968, 82 Stat. 805; Pub. L. 107171, title X, § 10703(c)(1), May 13, 2002, 116 Stat. 517.)
## Notes
Editorial Notes
References in TextSection 2219a of title 7, referred to in text, was in the original “section 10703 of the Farm Security and Rural Investment Act of 2002”, meaning section 10703 of Pub. L. 107171, which enacted section 2219a of Title 7, Agriculture, amended this section, section 695 of this title, and section 5549 of Title 5, Government Organization and Employees, and repealed section 394 of Title 7.
Amendments2002—Pub. L. 107171 substituted “except the cost of overtime and holiday pay paid pursuant to the section 2219a of title 7.” for “except that the cost of overtime and holiday work performed in establishments subject to the provisions of this chapter at such rates as the Secretary may determine shall be borne by such establishments. Sums received by the Secretary in reimbursement for sums paid out by him for such premium pay work shall be available without fiscal year limitation to carry out the purposes of this section.”
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# 21 U.S.C. § 469 - Authorization of appropriations
## Text
There is authorized to be appropriated such sums as are necessary to carry out the provisions of this chapter.
(Pub. L. 85172, § 26, formerly § 20, Aug. 28, 1957, 71 Stat. 449, renumbered Pub. L. 90492, § 17, Aug. 18, 1968, 82 Stat. 805.)
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# 21 U.S.C. § 470 - Omitted
## Notes
Editorial Notes
Codification Section, Pub. L. 85172, § 27, as added Pub. L. 90492, § 17, Aug. 18, 1968, 82 Stat. 807; amended Pub. L. 103437, § 8(1), Nov. 2, 1994, 108 Stat. 4588, which required the Secretary of Agriculture to report annually to the Committee on Agriculture of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate on the slaughter of poultry and the processing and distribution of poultry parts and products, terminated, effective May 15, 2000, pursuant to section 3003 of Pub. L. 10466, as amended, set out as a note under section 1113 of Title 31, Money and Finance. See, also, page 46 of House Document No. 1037.
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# 21 U.S.C. § 471 - Safe Meat and Poultry Inspection Panel
## Text
(a) Review and evaluation The advisory panel known as the “Safe Meat and Poultry Inspection Panel” established by section 679a of this title shall review and evaluate, as the panel considers necessary, the adequacy, necessity, safety, cost-effectiveness, and scientific merit of—
(1) inspection procedures of, and work rules and worker relations involving Federal employees employed in, plants inspected under this chapter;
(2) informal petitions or proposals for changes in inspection procedures, processes, and techniques of plants inspected under this chapter;
(3) formal changes in poultry inspection regulations promulgated under this chapter, whether in notice, proposed, or final form; and
(4) such other matters as may be referred to the panel by the Secretary regarding the quality or effectiveness of a safe and cost-effective poultry inspection system under this chapter.
(b) Reports (1) In general The Safe Meat and Poultry Inspection Panel shall submit to the Secretary a report on the results of each review and evaluation carried out under paragraph (1), including such recommendations as the panel considers appropriate.
(2) Reports on formal changes In the case of a report concerning a formal change in poultry inspection regulations, the report shall be made within the time limits prescribed for formal comments on such changes.
(Pub. L. 85172, § 30, as added Pub. L. 104127, title IX, § 918(a)(2), Apr. 4, 1996, 110 Stat. 1190.)
## Notes
Statutory Notes and Related Subsidiaries
Use of Appropriated FundsPub. L. 113235, div. A, title VII, § 741, Dec. 16, 2014, 128 Stat. 2170, provided that: “Hereafter, none of the funds appropriated by this or any other Act may be used to carry out section 410 of the Federal Meat Inspection Act (21 U.S.C. 679a) or section 30 of the Poultry Products Inspection Act (21 U.S.C. 471).”
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# 21 U.S.C. § 472 - Interstate shipment of poultry inspected by Federal and State agencies for certain small establishments
## Text
(a) Definitions (1) Appropriate State agency The term “appropriate State agency” means a State agency described in section 454(a)(1) of this title.
(2) Designated personnel The term “designated personnel” means inspection personnel of a State agency that have undergone all necessary inspection training and certification to assist the Secretary in the administration and enforcement of this chapter, including rules and regulations issued under this chapter.
(3) Eligible establishment The term “eligible establishment” means an establishment that is in compliance with—
(A) the State inspection program of the State in which the establishment is located; and
(B) this chapter, including rules and regulations issued under this chapter.
(4) Poultry item The term “poultry item” means—
(A) a portion of poultry; and
(B) a poultry product.
(5) Selected establishment The term “selected establishment” means an eligible establishment that is selected by the Secretary, in coordination with the appropriate State agency of the State in which the eligible establishment is located, under subsection (b) to ship poultry items in interstate commerce.
(b) Authority of Secretary to allow shipments (1) In general Subject to paragraph (2), the Secretary, in coordination with the appropriate State agency of the State in which an establishment is located, may select the establishment to ship poultry items in interstate commerce, and place on each poultry item shipped in interstate commerce a Federal mark, stamp, tag, or label of inspection, if—
(A) the poultry item qualifies for the Federal mark, stamp, tag, or label of inspection under the requirements of this chapter;
(B) the establishment is an eligible establishment; and
(C) inspection services for the establishment are provided by designated personnel.
(2) Prohibited establishments In carrying out paragraph (1), the Secretary, in coordination with an appropriate State agency, shall not select an establishment that—
(A) on average, employs more than 25 employees (including supervisory and nonsupervisory employees), as defined by the Secretary;
(B) as of the date of the enactment of this section, ships in interstate commerce carcasses, portions of carcasses, or poultry items that are inspected by the Secretary in accordance with this chapter;
(C) (i) is a Federal establishment;
(ii) was a Federal establishment as of the date of the enactment of this section, and was reorganized on a later date under the same name or a different name or person by the person, firm, or corporation that controlled the establishment as of the date of the enactment of this section; or
(iii) was a State establishment as of the date of the enactment of this section that—
(I) as of the date of the enactment of this section, employed more than 25 employees; and
(II) was reorganized on a later date by the person, firm, or corporation that controlled the establishment as of the date of the enactment of this section;
(D) is in violation of this chapter;
(E) is located in a State that does not have a State inspection program; or
(F) is the subject of a transition carried out in accordance with a procedure developed by the Secretary under paragraph (3)(A).
(3) Establishments that employ more than 25 employees (A) Development of procedure The Secretary may develop a procedure to transition to a Federal establishment any establishment under this section that, on average, consistently employs more than 25 employees.
(B) Eligibility of certain establishments (i) In general A State establishment that employs more than 25 employees but less than 35 employees as of the date of the enactment of this section may be selected as a selected establishment under this subsection.
(ii) Procedures A State establishment shall be subject to the procedures established under subparagraph (A) beginning on the date that is 3 years after the effective date described in subsection (i).
(c) Reimbursement of State costs The Secretary shall reimburse a State for costs related to the inspection of selected establishments in the State in accordance with Federal requirements in an amount of not less than 60 percent of eligible State costs.
(d) Coordination between Federal and State agencies (1) In general The Secretary shall designate an employee of the Federal Government as State coordinator for each appropriate State agency—
(A) to provide oversight and enforcement of this section; and
(B) to oversee the training and inspection activities of designated personnel of the State agency.
(2) Supervision A State coordinator shall be under the direct supervision of the Secretary.
(3) Duties of State coordinator (A) In general A State coordinator shall visit selected establishments with a frequency that is appropriate to ensure that selected establishments are operating in a manner that is consistent with this chapter (including regulations and policies under this chapter).
(B) Quarterly reports A State coordinator shall, on a quarterly basis, submit to the Secretary a report that describes the status of each selected establishment that is under the jurisdiction of the State coordinator with respect to the level of compliance of each selected establishment with the requirements of this chapter.
(C) Immediate notification requirement If a State coordinator determines that any selected establishment that is under the jurisdiction of the State coordinator is in violation of any requirement of this chapter, the State coordinator shall—
(i) immediately notify the Secretary of the violation; and
(ii) deselect the selected establishment or suspend inspection at the selected establishment.
(4) Performance evaluations Performance evaluations of State coordinators designated under this subsection shall be conducted by the Secretary as part of the Federal agency management control system.
(e) Audits (1) Periodic audits conducted by Inspector General of the Department of Agriculture Not later than 2 years after the effective date described in subsection (i), and not less often than every 3 years thereafter, the Inspector General of the Department of Agriculture shall conduct an audit of each activity taken by the Secretary under this section for the period covered by the audit to determine compliance with this section.
(2) Audit conducted by Comptroller General of the United States Not earlier than 3 years, nor later than 5 years, after the date of the enactment of this section, the Comptroller General of the United States shall conduct an audit of the implementation of this section to determine—
(A) the effectiveness of the implementation of this section; and
(B) the number of selected establishments selected by the Secretary to ship poultry items under this section.
(f) Transition grants The Secretary may provide grants to appropriate State agencies to assist the appropriate State agencies in helping establishments covered by this chapter to transition to selected establishments.
(g) Violations Any selected establishment that the Secretary determines to be in violation of any requirement of this chapter shall be transitioned to a Federal establishment in accordance with a procedure developed by the Secretary under subsection (b)(3)(A).
(h) Effect Nothing in this section limits the jurisdiction of the Secretary with respect to the regulation of poultry and poultry products under this chapter.
(i) Effective date (1) In general This section takes effect on the date on which the Secretary, after providing a period of public comment (including through the conduct of public meetings or hearings), promulgates final regulations to carry out this section.
(2) Requirement Not later than 18 months after the date of the enactment of this section, the Secretary shall promulgate final regulations in accordance with paragraph (1).
(Pub. L. 85172, § 31, as added Pub. L. 110234, title XI, § 11015(b), May 22, 2008, 122 Stat. 1365, and Pub. L. 110246, § 4(a), title XI, § 11015(b), June 18, 2008, 122 Stat. 1664, 2127.)
## Notes
Editorial Notes
References in TextThe date of the enactment of this section, referred to in subsecs. (b)(2)(B), (C)(ii), (iii), (3)(B)(i), (e)(2), and (i)(2), is the date of enactment of Pub. L. 110246, which was approved June 18, 2008. Final regulations to carry out this section, referred to in subsec. (i)(1), were published in the Federal Register on May 2, 2011, eff. July 1, 2011; see 76 F.R. 24756.
Codification Pub. L. 110234 and Pub. L. 110246 enacted identical sections. Pub. L. 110234 was repealed by section 4(a) of Pub. L. 110246.
Statutory Notes and Related Subsidiaries
Effective DateEnactment of this section and repeal of Pub. L. 110234 by Pub. L. 110246 effective May 22, 2008, the date of enactment of Pub. L. 110234, see section 4 of Pub. L. 110246, set out as a note under section 8701 of Title 7, Agriculture.
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# 21 U.S.C. § 473 - Grants for improvements to meat and poultry facilities to allow for interstate shipment
## Text
(a) In general The Secretary shall make grants to meat and poultry slaughter and processing facilities described in subsection (b) (including such facilities operating under State inspection or such facilities that are exempt from Federal inspection) to assist such facilities with respect to costs incurred in making improvements to such facilities and carrying out other planning activities necessary—
(1) to obtain a Federal grant of inspection under the Federal Meat Inspection Act (21 U.S.C. 601 et seq.) or the Poultry Products Inspection Act (21 U.S.C. 451 et seq.), as applicable; or
(2) to operate as a State-inspected facility that is compliant with—
(A) the Federal Meat Inspection Act (21 U.S.C. 601 et seq.) under the cooperative interstate shipment program established under section 501 of that Act (21 U.S.C. 683); or
(B) the Poultry Products Inspection Act (21 U.S.C. 451 et seq.) under the cooperative interstate shipment program established under section 31 of that Act (21 U.S.C. 472).
(b) Eligible facilities To be eligible for a grant under this section, a meat or poultry slaughter or processing facility shall be—
(1) in operation as of the date on which the facility submits to the Secretary an application for the grant; and
(2) seeking—
(A) to obtain a Federal grant of inspection described in subsection (a)(1); or
(B) to be eligible for inspection under a cooperative interstate shipment program described in subparagraph (A) or (B), as applicable, of subsection (a)(2), in a State that participates in that program.
(c) Eligible activities A facility that receives a grant under this section may use the grant amount for—
(1) the modernization or expansion of existing facilities;
(2) the modernization of equipment;
(3) compliance with packaging and labeling requirements under applicable law;
(4) compliance with safety requirements under applicable law;
(5) the development of processes to ensure food safety; and
(6) such other purposes as the Secretary determines to be appropriate.
(d) Grant requirements (1) Amount The amount of a grant under this section shall not exceed $200,000.
(2) Condition As a condition of receiving a grant under this section, a grant recipient shall agree that the grant recipient shall make a payment (or payments) to the Secretary in an amount equal to the amount of the grant if the recipient, within 36 months of receiving such grant—
(A) as applicable—
(i) is not subject to inspection under the Federal Meat Inspection Act (21 U.S.C. 601 et seq.) or the Poultry Products Inspection Act (21 U.S.C. 451 et seq.), as applicable; or
(ii) is not eligible for inspection under a cooperative interstate shipment program described in subparagraph (A) or (B), as applicable, of subsection (a)(2); or
(B) is not making a good faith effort to be subject to such inspection or to be eligible under such a cooperative interstate shipment program, as applicable.
(3) Matching funds (A) In general The Secretary shall require a recipient of a grant under this section to provide matching non-Federal funds in an amount equal to the amount of the grant.
(B) Exception The Secretary shall not require any recipient of a grant under this section to provide matching funds with respect to a grant awarded in fiscal year 2021 and fiscal year 2022.
(e) Reports (1) Reports on grants made Beginning not later than 1 year after the date on which the first grant is awarded under this section, and continuing annually thereafter through the year that is 10 years after the date on which the final grant is awarded under this section, the Secretary shall submit to the Committee on Agriculture and the Committee on Appropriations of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry and the Committee on Appropriations of the Senate a report on grants made under this section, including—
(A) any facilities that used a grant awarded under this section to carry out eligible activities described in subsection (c) during the year covered by the report; and
(B) the operational status of facilities that were awarded grants under this section.
(2) Report on the cooperative interstate shipment program Beginning not later than 1 year after December 27, 2020, the Secretary shall submit to the Committee on Agriculture and the Committee on Appropriations of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry and the Committee on Appropriations of the Senate a report describing any recommendations, developed in consultation with all States, for possible improvements to the cooperative interstate shipment programs under section 501 of the Federal Meat Inspection Act (21 U.S.C. 683) and section 31 of the Poultry Products Inspection Act (21 U.S.C. 472).
(f) Funding Of the funds of the Treasury not otherwise appropriated, there is appropriated to carry out this section $60,000,000 for the period of fiscal years 2021 through 2023, to remain available until expended.
(Pub. L. 116260, div. N, title VII, § 764, Dec. 27, 2020, 134 Stat. 2115; Pub. L. 117103, div. A, title VII, § 776, Mar. 15, 2022, 136 Stat. 99.)
## Notes
Editorial Notes
References in TextThe Federal Meat Inspection Act, referred to in subsecs. (a)(1), (2)(A), and (d)(2)(A)(i), is titles I to V of act Mar. 4, 1907, ch. 2907, as added Pub. L. 90201, Dec. 15, 1967, 81 Stat. 584, and Pub. L. 110246, title XI, § 11015(a), June 18, 2008, 122 Stat. 2124, which are classified generally to subchapters I to IVA (§ 601 et seq.) of chapter 12 of this title. For complete classification of this Act to the Code, see Short Title note set out under section 601 of this title and Tables. The Poultry Products Inspection Act, referred to in subsecs. (a)(1), (2)(B), and (d)(2)(A)(i), is Pub. L. 85172, Aug. 28, 1957, 71 Stat. 441, which is classified generally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 451 of this title and Tables.
Codification Section was enacted as part of the Consolidated Appropriations Act, 2021, and not as part of the Poultry Products Inspection Act which comprises this chapter.
Amendments2022—Subsec. (d)(3)(B). Pub. L. 117103 inserted “and fiscal year 2022” after “fiscal year 2021”.
Statutory Notes and Related Subsidiaries
Definition For definition of “Secretary” as used in this section, see section 760 of div. N of Pub. L. 116260, set out as a note under section 5936a of Title 7, Agriculture.
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# 21 U.S.C. § 501 to 517 - Repealed. Pub. L. 91513, title III, § 1101(a)(10), Oct. 27, 1970, 84 Stat. 1292
## Notes
Sections, Pub. L. 86429, Apr. 22, 1960, 74 Stat. 55, provided for licensing and control of the manufacture of all narcotic drugs and was known as the “Narcotic Manufacturing Act of 1960”. Sections 1 to 3 and 5 to 22 of said Pub. L. 86429 were classified respectively to sections 501, 501 notes, and 502 to 517 of this title. Section 4 of Pub. L. 86429 was classified to sections 4702, 4731, and 4731 note of Title 26, Internal Revenue Code. See section 801 et seq. of this title.
Statutory Notes and Related Subsidiaries
Effective Date of RepealRepeal effective on first day of seventh calendar month that begins after Oct. 26, 1970, see section 1105(a) of Pub. L. 91513, set out as a note under section 951 of this title. For provisions postponing such effective date if the Attorney General postpones the effective date of section 826 of this title, see section 1105(c) of Pub. L. 91513, set out as an Effective Date note under section 951 of this title.
Savings ProvisionProsecutions for any violation of law occurring, and civil seizures or forfeitures and injunctive proceedings commenced, prior to the effective date of repeal of these sections by section 1101 of Pub. L. 91513 not to be affected or abated by reason thereof, see section 1103 of Pub. L. 91513, set out as a note under sections 171 to 174 of this title.
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# 21 U.S.C. § 601 - Definitions
## Text
As used in this chapter, except as otherwise specified, the following terms shall have the meanings stated below:
(a) The term “Secretary” means the Secretary of Agriculture of the United States or his delegate.
(b) The term “firm” means any partnership, association, or other unincorporated business organization.
(c) The term “meat broker” means any person, firm, or corporation engaged in the business of buying or selling carcasses, parts of carcasses, meat, or meat food products of cattle, sheep, swine, goats, horses, mules, or other equines on commission, or otherwise negotiating purchases or sales of such articles other than for his own account or as an employee of another person, firm, or corporation.
(d) The term “renderer” means any person, firm, or corporation engaged in the business of rendering carcasses or parts or products of the carcasses, of cattle, sheep, swine, goats, horses, mules, or other equines, except rendering conducted under inspection or exemption under this subchapter.
(e) The term “animal food manufacturer” means any person, firm, or corporation engaged in the business of manufacturing or processing animal food derived wholly or in part from carcasses, or parts or products of the carcasses, of cattle, sheep, swine, goats, horses, mules, or other equines.
(f) The term “State” means any State of the United States and the Commonwealth of Puerto Rico.
(g) The term “Territory” means Guam, the Virgin Islands of the United States, American Samoa, and any other territory or possession of the United States, excluding the Canal Zone.
(h) The term “commerce” means commerce between any State, any Territory, or the District of Columbia, and any place outside thereof; or within any Territory not organized with a legislative body, or the District of Columbia.
(i) The term “United States” means the States, the District of Columbia, and the Territories of the United States.
(j) The term “meat food product” means any product capable of use as human food which is made wholly or in part from any meat or other portion of the carcass of any cattle, sheep, swine, or goats, excepting products which contain meat or other portions of such carcasses only in a relatively small proportion or historically have not been considered by consumers as products of the meat food industry, and which are exempted from definition as a meat food product by the Secretary under such conditions as he may prescribe to assure that the meat or other portions of such carcasses contained in such product are not adulterated and that such products are not represented as meat food products. This term as applied to food products of equines shall have a meaning comparable to that provided in this paragraph with respect to cattle, sheep, swine, and goats.
(k) The term “capable of use as human food” shall apply to any carcass, or part or product of a carcass, of any animal, unless it is denatured or otherwise identified as required by regulations prescribed by the Secretary to deter its use as human food, or it is naturally inedible by humans.
(l) The term “prepared” means slaughtered, canned, salted, rendered, boned, cut up, or otherwise manufactured or processed.
(m) The term “adulterated” shall apply to any carcass, part thereof, meat or meat food product under one or more of the following circumstances:
(1) if it bears or contains any poisonous or deleterious substance which may render it injurious to health; but in case the substance is not an added substance, such article shall not be considered adulterated under this clause if the quantity of such substance in or on such article does not ordinarily render it injurious to health;
(2) (A) if it bears or contains (by reason of administration of any substance to the live animal or otherwise) any added poisonous or added deleterious substance (other than one which is (i) a pesticide chemical in or on a raw agricultural commodity; (ii) a food additive; or (iii) a color additive) which may, in the judgment of the Secretary, make such article unfit for human food;
(B) if it is, in whole or in part, a raw agricultural commodity and such commodity bears or contains a pesticide chemical which is unsafe within the meaning of section 346a of this title,
(C) if it bears or contains any food additive which is unsafe within the meaning of section 348 of this title,
(D) if it bears or contains any color additive which is unsafe within the meaning of section 379e of this title: Provided, That an article which is not adulterated under clause (B), (C), or (D) shall nevertheless be deemed adulterated if use of the pesticide chemical, food additive, or color additive in or on such article is prohibited by regulations of the Secretary in establishments at which inspection is maintained under this subchapter;
(3) if it consists in whole or in part of any filthy, putrid, or decomposed substance or is for any other reason unsound, unhealthful, unwholesome, or otherwise unfit for human food;
(4) if it has been prepared, packed, or held under insanitary conditions whereby it may have become contaminated with filth, or whereby it may have been rendered injurious to health;
(5) if it is, in whole or in part, the product of an animal which has died otherwise than by slaughter;
(6) if its container is composed, in whole or in part, of any poisonous or deleterious substance which may render the contents injurious to health;
(7) if it has been intentionally subjected to radiation, unless the use of the radiation was in conformity with a regulation or exemption in effect pursuant to section 348 of this title;
(8) if any valuable constituent has been in whole or in part omitted or abstracted therefrom; or if any substance has been substituted, wholly or in part therefor; or if damage or inferiority has been concealed in any manner; or if any substance has been added thereto or mixed or packed therewith so as to increase its bulk or weight, or reduce its quality or strength, or make it appear better or of greater value than it is; or
(9) if it is margarine containing animal fat and any of the raw material used therein consisted in whole or in part of any filthy, putrid, or decomposed substance.
(n) The term “misbranded” shall apply to any carcass, part thereof, meat or meat food product under one or more of the following circumstances:
(1) if its labeling is false or misleading in any particular;
(2) if it is offered for sale under the name of another food;
(3) if it is an imitation of another food, unless its label bears, in type of uniform size and prominence, the word “imitation” and immediately thereafter, the name of the food imitated;
(4) if its container is so made, formed, or filled as to be misleading;
(5) if in a package or other container unless it bears a label showing (A) the name and place of business of the manufacturer, packer, or distributor; and (B) an accurate statement of the quantity of the contents in terms of weight, measure, or numerical count: Provided, That under clause (B) of this subparagraph (5), reasonable variations may be permitted, and exemptions as to small packages may be established, by regulations prescribed by the Secretary;
(6) if any word, statement, or other information required by or under authority of this chapter to appear on the label or other labeling is not prominently placed thereon with such conspicuousness (as compared with other words, statements, designs, or devices, in the labeling) and in such terms as to render it likely to be read and understood by the ordinary individual under customary conditions of purchase and use;
(7) if it purports to be or is represented as a food for which a definition and standard of identity or composition has been prescribed by regulations of the Secretary under section 607 of this title unless (A) it conforms to such definition and standard, and (B) its label bears the name of the food specified in the definition and standard and, insofar as may be required by such regulations, the common names of optional ingredients (other than spices, flavoring, and coloring) present in such food;
(8) if it purports to be or is represented as a food for which a standard or standards of fill of container have been prescribed by regulations of the Secretary under section 607 of this title, and it falls below the standard of fill of container applicable thereto, unless its label bears, in such manner and form as such regulations specify, a statement that it falls below such standard;
(9) if it is not subject to the provisions of subparagraph (7), unless its label bears (A) the common or usual name of the food, if any there be, and (B) in case it is fabricated from two or more ingredients, the common or usual name of each such ingredient; except that spices, flavorings, and colorings may, when authorized by the Secretary, be designated as spices, flavorings, and colorings without naming each: Provided, That to the extent that compliance with the requirements of clause (B) of this subparagraph (9) is impracticable, or results in deception or unfair competition, exemptions shall be established by regulations promulgated by the Secretary;
(10) if it purports to be or is represented for special dietary uses, unless its label bears such information concerning its vitamin, mineral, and other dietary properties as the Secretary, after consultation with the Secretary of Health and Human Services, determines to be, and by regulations prescribes as, necessary in order fully to inform purchasers as to its value for such uses;
(11) if it bears or contains any artificial flavoring, artificial coloring, or chemical preservative, unless it bears labeling stating that fact: Provided, That, to the extent that compliance with the requirements of this subparagraph (11) is impracticable, exemptions shall be established by regulations promulgated by the Secretary; or
(12) if it fails to bear, directly thereon or on its container, as the Secretary may by regulations prescribe, the inspection legend and, unrestricted by any of the foregoing, such other information as the Secretary may require in such regulations to assure that it will not have false or misleading labeling and that the public will be informed of the manner of handling required to maintain the article in a wholesome condition.
(o) The term “label” means a display of written, printed, or graphic matter upon the immediate container (not including package liners) of any article.
(p) The term “labeling” means all labels and other written, printed, or graphic matter (1) upon any article or any of its containers or wrappers, or (2) accompanying such article.
(q) The term “Federal Food, Drug, and Cosmetic Act [21 U.S.C. 301 et seq.]” means the Act so entitled, approved June 25, 1938 (52 Stat. 1040), and Acts amendatory thereof or supplementary thereto.
(r) The terms “pesticide chemical,” “food additive,” “color additive,” and “raw agricultural commodity” shall have the same meanings for purposes of this chapter as under the Federal Food, Drug, and Cosmetic Act [21 U.S.C. 301 et seq.].
(s) The term “official mark” means the official inspection legend or any other symbol prescribed by regulations of the Secretary to identify the status of any article or animal under this chapter.
(t) The term “official inspection legend” means any symbol prescribed by regulations of the Secretary showing that an article was inspected and passed in accordance with this chapter.
(u) The term “official certificate” means any certificate prescribed by regulations of the Secretary for issuance by an inspector or other person performing official functions under this chapter.
(v) The term “official device” means any device prescribed or authorized by the Secretary for use in applying any official mark.
(w) The term “amenable species” means—
(1) those species subject to the provisions of this chapter on the day before November 10, 2005;
(2) all fish of the order Siluriformes; and
(3) any additional species of livestock that the Secretary considers appropriate.
(Mar. 4, 1907, ch. 2907, title I, § 1, as added Pub. L. 90201, § 2, Dec. 15, 1967, 81 Stat. 584; amended Pub. L. 9688, title V, § 509(b), Oct. 17, 1979, 93 Stat. 695; Pub. L. 102571, title I, § 107(14), Oct. 29, 1992, 106 Stat. 4499; Pub. L. 10997, title VII, § 798[(a)](2), Nov. 10, 2005, 119 Stat. 2166; Pub. L. 110234, title XI, § 11016(b)(1)(A), May 22, 2008, 122 Stat. 1369; Pub. L. 110246, § 4(a), title XI, § 11016(b)(1)(A), June 18, 2008, 122 Stat. 1664, 2130; Pub. L. 11379, title XII, § 12106(a)(1), Feb. 7, 2014, 128 Stat. 980.)
## Notes
Editorial Notes
References in TextThe Federal Food, Drug, and Cosmetic Act, referred to in pars. (q) and (r), is act June 25, 1938, ch. 675, 52 Stat. 1040, which is classified generally to chapter 9 (§ 301 et seq.) of this title. For complete classification of this Act to the Code, see section 301 of this title and Tables.
Codification Pub. L. 110234 and Pub. L. 110246 made identical amendments to this section. The amendments by Pub. L. 110234 were repealed by section 4(a) of Pub. L. 110246.
Amendments2014—Subsec. (w)(2). Pub. L. 11379 added par. (2) and struck out former par. (2) which read as follows: “catfish, as defined by the Secretary; and”. 2008—Subsec. (w)(2), (3). Pub. L. 110246, § 11016(b)(1)(A), added par. (2) and redesignated former par. (2) as (3). 2005—Par. (w). Pub. L. 10997 added par. (w). 1992—Par. (m)(2)(D). Pub. L. 102571 substituted “379e” for “376”.
Statutory Notes and Related Subsidiaries
Change of Name “Secretary of Health and Human Services” substituted for “Secretary of Health, Education, and Welfare” in par. (n)(10) pursuant to section 509(b) of Pub. L. 9688, which is classified to section 3508(b) of Title 20, Education.
Effective Date of 2014 AmendmentPub. L. 11379, title XII, § 12106(c), Feb. 7, 2014, 128 Stat. 982, provided that: “This section [amending this section, sections 606 and 625 of this title, and section 1622 of Title 7, Agriculture, and enacting and repealing provisions set out as notes under this section] and the amendments made by this section shall take effect as if enacted as part of section 11016(b) of the Food, Conservation, and Energy Act of 2008 (Public Law 110246; 122 Stat. 2130) [amending this section, enacting sections 606 and 625 of this title, repealing former section 606 of this title, and enacting provisions set out as notes below].”
Effective Date of 2008 AmendmentAmendment of this section and repeal of Pub. L. 110234 by Pub. L. 110246 effective May 22, 2008, the date of enactment of Pub. L. 110234, except as otherwise provided, see section 4 of Pub. L. 110246, set out as an Effective Date note under section 8701 of Title 7, Agriculture. Pub. L. 110234, title XI, § 11016(b)(2)(A), May 22, 2008, 122 Stat. 1369, and Pub. L. 110246, § 4(a), title XI, § 11016(b)(2)(A), June 18, 2008, 122 Stat. 1664, 2131, provided that the amendments made by section 11016(b)(1) of Pub. L. 110234 and section 11016(b)(1) of Pub. L. 110246 (enacting sections 606 and 625 of this title, amending this section, and repealing former section 606 of this title) would not apply until the date on which the Secretary of Agriculture issued final regulations to carry out such amendments, prior to repeal by Pub. L. 11379, title XII, § 12106(b)(4), Feb. 7, 2014, 128 Stat. 981, effective as if enacted as part of section 11016(b) of the Food, Conservation, and Energy Act of 2008 (Public Law 110246; 122 Stat. 2130), see Effective Date of 2014 Amendment note above. [Pub. L. 110234 and Pub. L. 110246 enacted identical provisions. Pub. L. 110234 was repealed by section 4(a) of Pub. L. 110246, set out as a note under section 8701 of Title 7, Agriculture.]
Effective Date of 2005 AmendmentPub. L. 10997, title VII, § 798(b), Nov. 10, 2005, 119 Stat. 2166, provided that: “The amendments made by subsection (a) [amending this section and sections 603 to 605, 608, 609, 615, and 617 to 621 of this title] shall take effect on the day after the effective date of section 794 of the Agriculture, Rural Development, Food and Drug Administration, and Related Agencies Appropriations Act, 2006 [section 794 of Pub. L. 10997, 119 Stat. 2164, effective 120 days after Nov. 10, 2005].”
Effective DatePub. L. 90201, § 20, Dec. 15, 1967, 81 Stat. 601, provided that: “This Act [see Short Title note below] shall become effective upon enactment [Dec. 15, 1967] except as provided in paragraphs (a) through (d): “(a) The provisions of paragraph (b)(1) and (c) of section 10 and the provisions of section 20 of the Federal Meat Inspection Act, as amended by sections 7 and 10 of this Act [sections 610 and 620 of this title], and the provisions of section 18 of this Act repealing paragraph (b) of section 306 of the Tariff Act of 1930 [section 1306(b) of Title 19, Customs Duties], shall become effective upon the expiration of sixty days after enactment [Dec. 15, 1967], hereof. “(b) The provisions of title I of the Federal Meat Inspection Act, as amended by this Act [this subchapter], shall become effective with respect to equines (other than horses) and their carcasses and parts thereof, meat, and meat food products thereof upon the expiration of sixty days after enactment [Dec. 15, 1967] hereof. “(c) Section 11 of this Act, amending section 23, of the Federal Meat Inspection Act [section 623 of this title], shall become effective upon the expiration of sixty days after enactment hereof [Dec. 15, 1967]. “(d) Section 204 of the Federal Meat Inspection Act, as added by section 14 of this Act [section 644 of this title], shall become effective upon the expiration of sixty days after enactment hereof [Dec. 15, 1967].”
Short Title of 1986 AmendmentPub. L. 99641, title IV, § 401, Nov. 10, 1986, 100 Stat. 3567, provided that: “This title [amending sections 606, 609, 621, 671, and 676 of this title and enacting provisions set out as notes under sections 606, 609, 621, 671, and 676 of this title] may be cited as the Processed Products Inspection Improvement Act of 1986.”
Short Title of 1978 AmendmentPub. L. 95445, § 1, Oct. 10, 1978, 92 Stat. 1069, provided: “That this Act [amending sections 603, 610, and 620 of this title and sections 1902 and 1904 of Title 7, Agriculture, repealing sections 1903 and 1905 of Title 7, and enacting provisions set out as notes under this section and section 603 of this title] may be cited as the Humane Methods of Slaughter Act of 1978.”
Short TitlePub. L. 90201, § 1, Dec. 15, 1967, 81 Stat. 584, provided in part: “That this Act [enacting this section and sections 602, 624, 641 to 645, 661, 671 to 680, and 691 of this title, amending sections 603 to 623 of this title, repealing section 96 of this title and section 1306(b) of Title 19, Customs Duties, and enacting provisions set out as notes under this section] may be cited as the Wholesome Meat Act.” Pub. L. 90201, § 1, Dec. 15, 1967, 81 Stat. 584, provided in part that the provisions of act Mar. 4, 1907, as amended, classified to subchapters I to IVA of this chapter, are designated as the “Federal Meat Inspection Act”.
RegulationsPub. L. 11379, title XII, § 12106(b)(1)(3), Feb. 7, 2014, 128 Stat. 981, provided that: “(1) In general.—The Secretary shall—“(A) not later than 60 days after the date of enactment of this Act [Feb. 7, 2014], issue final regulations to carry out the amendments made by section 11016(b)(1) of the Food, Conservation, and Energy Act of 2008 (Public Law 110246; 122 Stat. 2130) [amending this section, enacting sections 606 and 625 of this title, and repealing former section 606 of this title], as further clarified by the amendments made by this section [amending this section, sections 606 and 625 of this title, and section 1622 of Title 7, Agriculture, and enacting and repealing provisions set out as notes under this section]; and “(B) not later than 1 year after the date of enactment of this Act, implement the amendments described in subparagraph (A). “(2) Notification.—Beginning 30 days after the date of enactment of this Act and every 30 days thereafter until the date of full implementation of the amendments described in paragraph (1)(A), the Secretary shall submit a report describing the status of implementation to—“(A) the Committee on Agriculture of the House of Representatives; “(B) the Committee on Agriculture, Nutrition and Forestry of the Senate; “(C) the Subcommittee on Agriculture, Rural Development, Food and Drug Administration, and Related Agencies of the Committee on Appropriations of the House of Representatives; and “(D) the Subcommittee on Agriculture, Rural Development, and Related Agencies of the Committee on Appropriations of the Senate. “(3) Procedure.—Section 1601(c)(2) [7 U.S.C. 9091(c)(2)] applies to the promulgation of the regulations and administration of this section and the amendments made by this section.” Pub. L. 110246, title XI, § 11016(b)(2), as added by Pub. L. 11379, title XII, § 12106(b)(4), Feb. 7, 2014, 128 Stat. 981, provided that: “(A) Regulations.—Not later than 60 days after the date of enactment of the Agricultural Act of 2014 [Feb. 7, 2014], the Secretary [of Agriculture], in consultation with the Commissioner of Food and Drugs, shall issue final regulations to carry out the amendments made by paragraph (1) [amending this section, enacting sections 606 and 625 of this title, and repealing former section 606 of this title] and section 12106 of that Act [amending this section, sections 606 and 625 of this title, and section 1622 of Title 7, Agriculture, and enacting and repealing provisions set out as notes under this section] in a manner that ensures that there is no duplication in inspection activities. “(B) Interagency coordination.—Not later than 60 days after the date of enactment of the Agricultural Act of 2014, the Secretary shall execute a memorandum of understanding with the Commissioner of Food and Drugs for the following purposes:“(i) To improve interagency cooperation on food safety and fraud prevention, building upon any other prior agreements, including provisions, performance metrics, and timelines as appropriate. “(ii) To maximize the effectiveness of limited personnel and resources by ensuring that—“(I) inspections conducted by the Department satisfy requirements under the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 301 et seq.); “(II) inspections of shipments and processing facilities for fish of the order Siluriformes by the Department and the Food and Drug Administration are not duplicative; and “(III) any information resulting from examination, testing, and inspections conducted is considered in making risk-based determinations, including the establishment of inspection priorities.” Pub. L. 110234, title XI, § 11016(b)(2)(B), May 22, 2008, 122 Stat. 1370, and Pub. L. 110246, § 4(a), title XI, § 11016(b)(2)(B), June 18, 2008, 122 Stat. 1664, 2131, required the Secretary of Agriculture, in consultation with the Commissioner of Food and Drugs, to issue final regulations to carry out the amendments made by section 11016(b)(1) of Pub. L. 110234 and section 11016(b)(1) of Pub. L. 110246 (enacting sections 606 and 625 of this title, amending this section, and repealing former section 606 of this title) not later than 18 months after June 18, 2008, prior to repeal by Pub. L. 11379, title XII, § 12106(b)(4), Feb. 7, 2014, 128 Stat. 981, effective as if enacted as part of section 11016(b) of the Food, Conservation, and Energy Act of 2008 (Public Law 110246; 122 Stat. 2130), see Effective Date of 2014 Amendment note above. [Pub. L. 110234 and Pub. L. 110246 enacted identical provisions. Pub. L. 110234 was repealed by section 4(a) of Pub. L. 110246, set out as a note under section 8701 of Title 7, Agriculture.]
SeparabilityPub. L. 90201, § 19, Dec. 15, 1967, 81 Stat. 601, provided that: “If any provision of this Act or of the amendments made hereby [see Short Title note above] or the application thereof to any person or circumstances is held invalid, the validity of the remainder of the Act and the remaining amendments [see Short Title note above] and of the application of such provision to other persons and circumstances shall not be affected thereby.”
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# 21 U.S.C. § 602 - Congressional statement of findings
## Text
Meat and meat food products are an important source of the Nations total supply of food. They are consumed throughout the Nation and the major portion thereof moves in interstate or foreign commerce. It is essential in the public interest that the health and welfare of consumers be protected by assuring that meat and meat food products distributed to them are wholesome, not adulterated, and properly marked, labeled, and packaged. Unwholesome, adulterated, or misbranded meat or meat food products impair the effective regulation of meat and meat food products in interstate or foreign commerce, are injurious to the public welfare, destroy markets for wholesome, not adulterated, and properly labeled and packaged meat and meat food products, and result in sundry losses to livestock producers and processors of meat and meat food products, as well as injury to consumers. The unwholesome, adulterated, mislabeled, or deceptively packaged articles can be sold at lower prices and compete unfairly with the wholesome, not adulterated, and properly labeled and packaged articles, to the detriment of consumers and the public generally. It is hereby found that all articles and animals which are regulated under this chapter are either in interstate or foreign commerce or substantially affect such commerce, and that regulation by the Secretary and cooperation by the States and other jurisdictions as contemplated by this chapter are appropriate to prevent and eliminate burdens upon such commerce, to effectively regulate such commerce, and to protect the health and welfare of consumers.
(Mar. 4, 1907, ch. 2907, title I, § 2, as added Pub. L. 90201, § 2, Dec. 15, 1967, 81 Stat. 587.)
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# 21 U.S.C. § 603 - Examination of animals prior to slaughter; use of humane methods
## Text
(a) Examination of animals before slaughtering; diseased animals slaughtered separately and carcasses examined For the purpose of preventing the use in commerce of meat and meat food products which are adulterated, the Secretary shall cause to be made, by inspectors appointed for that purpose, an examination and inspection of all amenable species before they shall be allowed to enter into any slaughtering, packing, meat-canning, rendering, or similar establishment, in which they are to be slaughtered and the meat and meat food products thereof are to be used in commerce; and all amenable species found on such inspection to show symptoms of disease shall be set apart and slaughtered separately from all other cattle, sheep, swine, goats, horses, mules, or other equines, and when so slaughtered the carcasses of said cattle, sheep, swine, goats, horses, mules, or other equines shall be subject to a careful examination and inspection, all as provided by the rules and regulations to be prescribed by the Secretary, as provided for in this subchapter.
(b) Humane methods of slaughter For the purpose of preventing the inhumane slaughtering of livestock, the Secretary shall cause to be made, by inspectors appointed for that purpose, an examination and inspection of the method by which amenable species are slaughtered and handled in connection with slaughter in the slaughtering establishments inspected under this chapter. The Secretary may refuse to provide inspection to a new slaughtering establishment or may cause inspection to be temporarily suspended at a slaughtering establishment if the Secretary finds that any cattle, sheep, swine, goats, horses, mules, or other equines have been slaughtered or handled in connection with slaughter at such establishment by any method not in accordance with the Act of August 27, 1958 (72 Stat. 862; 7 U.S.C. 19011906) until the establishment furnishes assurances satisfactory to the Secretary that all slaughtering and handling in connection with slaughter of livestock shall be in accordance with such a method.
(Mar. 4, 1907, ch. 2907, title I, § 3, formerly 1st par., 34 Stat. 1260; renumbered § 3 and amended Pub. L. 90201, §§ 1, 3, 12(a), (b), Dec. 15, 1967, 81 Stat. 584, 588, 592; Pub. L. 95445, § 2, Oct. 10, 1978, 92 Stat. 1069; Pub. L. 10997, title VII, § 798[(a)](1), Nov. 10, 2005, 119 Stat. 2166.)
## Notes
Editorial Notes
References in TextAct of August 27, 1958, referred to in subsec. (b), is Pub. L. 85765, Aug. 27, 1958, 72 Stat. 862, which is classified generally to chapter 48 (§ 1901 et seq.) of Title 7, Agriculture. For complete classification of this Act to the Code, see Tables. Sections 1903 and 1905 of Title 7, included within reference to Act of August 27, 1958, were repealed by Pub. L. 95445, § 5(b), Oct. 10, 1978, 92 Stat. 1069, effective as set forth in section 7 of Pub. L. 95445, set out as an Effective Date of 1978 Amendment note below.
Codification Section was formerly classified to section 71 of this title.
Amendments2005—Pub. L. 10997 substituted “amenable species” for “cattle, sheep, swine, goats, horses, mules, and other equines” wherever appearing. 1978—Pub. L. 95445 designated existing provisions as subsec. (a) and added subsec. (b). 1967—Pub. L. 90201, §§ 3, 12(a), (b), struck out “interstate or foreign” before “commerce” in two places, substituted “Secretary shall” for “Secretary, at his discretion, may”, and struck out “of Agriculture” after “Secretary”, included horses, mules, and other equines, and horses, mules, or other equines in the list of animals, and substituted “adulterated” for “unsound, unhealthful, unwholesome, or otherwise unfit for human food”, respectively.
Statutory Notes and Related Subsidiaries
Effective Date of 2005 AmendmentAmendment by Pub. L. 10997 effective the day after 120 days after Nov. 10, 2005, see section 798(b) of Pub. L. 10997, set out as a note under section 601 of this title.
Effective Date of 1978 AmendmentPub. L. 95445, § 7, Oct. 10, 1978, 92 Stat. 1070, provided that: “The provisions of this Act [see Short Title of 1978 Amendment note set out under section 601 of this title] shall become effective one year after the date of enactment [Oct. 10, 1978]. However, such provisions shall not apply to a person, firm, or corporation for such additional period of time, not to exceed eighteen months, as may be determined by the Secretary, if the Secretary, upon application, finds that compliance with the provisions of this Act on its effective date would cause undue hardship on such person, firm, or corporation.”
Effective Date of 1967 AmendmentAmendment by Pub. L. 90201 effective Dec. 15, 1967, except that with respect to equines (other than horses) and their carcasses and parts thereof, meat, and meat food products thereof, amendment effective upon expiration of sixty days after Dec. 15, 1967, see section 20(b) of Pub. L. 90201, set out as an Effective Date note under section 601 of this title.
Religious Freedom; Ritual SlaughterPub. L. 95445, § 6, Oct. 10, 1978, 92 Stat. 1070, provided that: “Nothing in this Act [see Short Title of 1978 Amendment note set out under section 601 of this title] shall be construed to prohibit, abridge, or in any way hinder the religious freedom of any person or group. Notwithstanding any other provision of this Act, in order to protect freedom of religion, ritual slaughter and the handling or other preparation of livestock for ritual slaughter are exempted from the terms of this Act. For the purposes of this section the term ritual slaughter means slaughter in accordance with section 2(b) of the Act of August 27, 1958 (72 Stat. 862; 7 U.S.C. 1902(b)).”
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# 21 U.S.C. § 604 - Post mortem examination of carcasses and marking or labeling; destruction of carcasses condemned; reinspection
## Text
For the purposes hereinbefore set forth the Secretary shall cause to be made by inspectors appointed for that purpose a post mortem examination and inspection of the carcasses and parts thereof of all amenable species to be prepared at any slaughtering, meat-canning, salting, packing, rendering, or similar establishment in any State, Territory, or the District of Columbia as articles of commerce which are capable of use as human food; and the carcasses and parts thereof of all such animals found to be not adulterated shall be marked, stamped, tagged, or labeled as “Inspected and passed”; and said inspectors shall label, mark, stamp, or tag as “Inspected and condemned” all carcasses and parts thereof of animals found to be adulterated; and all carcasses and parts thereof thus inspected and condemned shall be destroyed for food purposes by the said establishment in the presence of an inspector, and the Secretary may remove inspectors from any such establishment which fails to so destroy any such condemned carcass or part thereof, and said inspectors, after said first inspection, shall, when they deem it necessary, reinspect said carcasses or parts thereof to determine whether since the first inspection the same have become adulterated, and if any carcass or any part thereof shall, upon examination and inspection subsequent to the first examination and inspection, be found to be adulterated, it shall be destroyed for food purposes by the said establishment in the presence of an inspector, and the Secretary may remove inspectors from any establishment which fails to so destroy any such condemned carcass or part thereof.
(Mar. 4, 1907, ch. 2907, title I, § 4, formerly 2nd par., 34 Stat. 1260; renumbered § 4 and amended Pub. L. 90201, §§ 1, 3, 4, 12(a)(d), Dec. 15, 1967, 81 Stat. 584, 588, 592; Pub. L. 10997, title VII, § 798[(a)](1), Nov. 10, 2005, 119 Stat. 2166.)
## Notes
Editorial Notes
Codification Section was formerly classified to section 72 of this title.
Amendments2005—Pub. L. 10997 substituted “amenable species” for “cattle, sheep, swine, goats, horses, mules, and other equines”. 1967—Pub. L. 90201, §§ 3, 4, 12(a)(d), struck out “interstate or foreign” before “commerce” and “of Agriculture” after “Secretary” in three places; struck out “for human consumption” before “at any slaughtering” and “for transportation or sale” after “District of Columbia” and inserted “which are capable of use as human food” after “commerce”; included horses, mules, and other equines in the list of animals; substituted “adulterated” for “unsound, unhealthful, unwholesome, or otherwise unfit for human food” after “ Inspected and condemned, all carcasses and parts thereof of animals found to be” and before “, it shall be destroyed”; substituted “not adulterated” for “sound, healthful, wholesome, and fit for human food”; and substituted “adulterated” for “unsound, unhealthful, unwholesome, or in any way unfit for human food” before “and if any carcass”, respectively.
Statutory Notes and Related Subsidiaries
Effective Date of 2005 AmendmentAmendment by Pub. L. 10997 effective the day after 120 days after Nov. 10, 2005, see section 798(b) of Pub. L. 10997, set out as a note under section 601 of this title.
Effective Date of 1967 AmendmentAmendment by Pub. L. 90201 effective Dec. 15, 1967, except that with respect to equines (other than horses) and their carcasses and parts thereof, meat, and meat food products thereof, amendment effective upon expiration of sixty days after Dec. 15, 1967, see section 20(b) of Pub. L. 90201, set out as an Effective Date note under section 601 of this title.
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# 21 U.S.C. § 605 - Examination of carcasses brought into slaughtering or packing establishments, and of meat food products issued from and returned thereto; conditions for entry
## Text
The foregoing provisions shall apply to all carcasses or parts of carcasses of amenable species or the meat or meat products thereof which may be brought into any slaughtering, meat-canning, salting, packing, rendering, or similar establishment, and such examination and inspection shall be had before the said carcasses or parts thereof shall be allowed to enter into any department wherein the same are to be treated and prepared for meat food products; and the foregoing provisions shall also apply to all such products, which, after having been issued from any slaughtering, meat-canning, salting, packing, rendering, or similar establishment, shall be returned to the same or to any similar establishment where such inspection is maintained. The Secretary may limit the entry of carcasses, parts of carcasses, meat and meat food products, and other materials into any establishment at which inspection under this subchapter is maintained, under such conditions as he may prescribe to assure that allowing the entry of such articles into such inspected establishments will be consistent with the purposes of this chapter.
(Mar. 4, 1907, ch. 2907, title I, § 5, formerly 3rd par., 34 Stat. 1261; renumbered § 5 and amended Pub. L. 90201, §§ 1, 5, 12(a), Dec. 15, 1967, 81 Stat. 584, 588, 592; Pub. L. 10997, title VII, § 798[(a)](1), Nov. 10, 2005, 119 Stat. 2166.)
## Notes
Editorial Notes
Codification Section was formerly classified to section 73 of this title.
Amendments2005—Pub. L. 10997 substituted “amenable species” for “cattle, sheep, swine, goats, horses, mules, and other equines”. 1967—Pub. L. 90201, §§ 5, 12(a), limited entry of articles into establishments under such prescribed conditions as would be consistent with the purpose of this chapter and included horses, mules, and other equines in the list of animals, respectively.
Statutory Notes and Related Subsidiaries
Effective Date of 2005 AmendmentAmendment by Pub. L. 10997 effective the day after 120 days after Nov. 10, 2005, see section 798(b) of Pub. L. 10997, set out as a note under section 601 of this title.
Effective Date of 1967 AmendmentAmendment by Pub. L. 90201 effective Dec. 15, 1967, except that with respect to equines (other than horses) and their carcasses and parts thereof, meat, and meat food products thereof, amendment effective upon expiration of sixty days after Dec. 15, 1967, see section 20(b) of Pub. L. 90201, set out as an Effective Date note under section 601 of this title.
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# 21 U.S.C. § 606 - Inspection and labeling of meat food products
## Text
(a) In general For the purposes hereinbefore set forth the Secretary shall cause to be made, by inspectors appointed for that purpose, an examination and inspection of all meat food products prepared for commerce in any slaughtering, meat-canning, salting, packing, rendering, or similar establishment, and for the purposes of any examination and inspection and inspectors shall have access at all times, by day or night, whether the establishment be operated or not, to every part of said establishment; and said inspectors shall mark, stamp, tag, or label as “Inspected and passed” all such products found to be not adulterated; and said inspectors shall label, mark, stamp, or tag as “Inspected and condemned” all such products found adulterated, and all such condemned meat food products shall be destroyed for food purposes, as hereinbefore provided, and the Secretary may remove inspectors from any establishment which fails to so destroy such condemned meat food products: Provided, That subject to the rules and regulations of the Secretary the provisions of this section in regard to preservatives shall not apply to meat food products for export to any foreign country and which are prepared or packed according to the specifications or directions of the foreign purchaser, when no substance is used in the preparation or packing thereof in conflict with the laws of the foreign country to which said article is to be exported; but if said article shall be in fact sold or offered for sale for domestic use or consumption then this proviso shall not exempt said article from the operation of all the other provisions of this chapter.11 See References in Text note below.
(b) Certain fish In the case of an examination and inspection under subsection (a) of a meat food product derived from any fish described in section 601(w)(2) of this title, the Secretary shall take into account the conditions under which the fish is raised and transported to a processing establishment.
(Mar. 4, 1907, ch. 2907, title I, § 6, as added Pub. L. 110234, title XI, § 11016(b)(1)(B), May 22, 2008, 122 Stat. 1369, and Pub. L. 110246, § 4(a), title XI, § 11016(b)(1)(B), June 18, 2008, 122 Stat. 1664, 2131; amended Pub. L. 11379, title XII, § 12106(a)(2), Feb. 7, 2014, 128 Stat. 981.)
## Notes
Editorial Notes
References in TextThis chapter, referred to in subsec. (a), probably should have been a reference to this Act in the original, meaning the Federal Meat Inspection Act, titles I to V of act Mar. 4, 1907, ch. 2907, as added Dec. 15, 1967, Pub. L. 90201, 81 Stat. 584, which are classified generally to subchapters I to IVA of this chapter.
Codification Pub. L. 110234 and Pub. L. 110246 enacted identical sections and repealed former section 6 of act Mar. 4, 1907. Pub. L. 110234 was repealed by section 4(a) of Pub. L. 110246.
Prior ProvisionsA prior section 606, acts Mar. 4, 1907, ch. 2907, title I, § 6, formerly 4th par., 34 Stat. 1261; renumbered § 6 and amended Pub. L. 90201, §§ 1, 3, 12(e), Dec. 15, 1967, 81 Stat. 584, 588, 592; Pub. L. 99641, title IV, § 403(a), Nov. 10, 1986, 100 Stat. 3567, was formerly classified to section 74 of this title and was repealed by Pub. L. 110234, title XI, § 11016(b)(1)(B), May 22, 2008, 122 Stat. 1369, and Pub. L. 110246, § 4(a), title XI, § 11016(b)(1)(B), June 18, 2008, 122 Stat. 1664, 2131. Prior to repeal, section read as follows: “For the purposes hereinbefore set forth the Secretary shall cause to be made, by inspectors appointed for that purpose, an examination and inspection of all meat food products prepared for commerce in any slaughtering, meat-canning, salting, packing, rendering, or similar establishment, and for the purposes of any examination and inspection and inspectors shall have access at all times, by day or night, whether the establishment be operated or not, to every part of said establishment; and said inspectors shall mark, stamp, tag, or label as Inspected and passed all such products found to be not adulterated; and said inspectors shall label, mark, stamp, or tag as Inspected and condemned all such products found adulterated, and all such condemned meat food products shall be destroyed for food purposes, as hereinbefore provided, and the Secretary may remove inspectors from any establishment which fails to so destroy such condemned meat food products: Provided, That subject to the rules and regulations of the Secretary the provisions of this section in regard to preservatives shall not apply to meat food products for export to any foreign country and which are prepared or packed according to the specifications or directions of the foreign purchaser, when no substance is used in the preparation or packing thereof in conflict with the laws of the foreign country to which said article is to be exported; but if said article shall be in fact sold or offered for sale for domestic use or consumption then this proviso shall not exempt said article from the operation of all the other provisions of this chapter.”
Amendments2014—Subsec. (b). Pub. L. 11379 added subsec. (b) and struck out former subsec. (b). Prior to amendment, text read as follows: “In the case of an examination and inspection under subsection (a) of a meat food product derived from catfish, the Secretary shall take into account the conditions under which the catfish is raised and transported to a processing establishment.”
Statutory Notes and Related Subsidiaries
Effective Date of 2014 AmendmentAmendment by Pub. L. 11379 effective as if enacted as part of section 11016(b) of Pub. L. 110246, see section 12106(c) of Pub. L. 11379, set out as a note under section 601 of this title.
Effective DateEnactment of this section and repeal of former section 6 of act Mar. 4, 1907, and Pub. L. 110234 by Pub. L. 110246 effective May 22, 2008, the date of enactment of Pub. L. 110234, except as otherwise provided, see section 4 of Pub. L. 110246, set out as a note under section 8701 of Title 7, Agriculture.
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# 21 U.S.C. § 607 - Labeling, marking, and container requirements
## Text
(a) Labeling receptacles or coverings of meat or meat food products inspected and passed; supervision by inspectors When any meat or meat food product prepared for commerce which has been inspected as hereinbefore provided and marked “Inspected and passed” shall be placed or packed in any can, pot, tin, canvas, or other receptacle or covering in any establishment where inspection under the provisions of this chapter is maintained, the person, firm, or corporation preparing said product shall cause a label to be attached to said can, pot, tin, canvas, or other receptacle or covering, under the supervision of an inspector, which label shall state that the contents thereof have been “inspected and passed” under the provisions of this chapter; and no inspection and examination of meat or meat food products deposited or inclosed in cans, tins, pots, canvas, or other receptacle or covering in any establishment where inspection under the provisions of this chapter is maintained shall be deemed to be complete until such meat or meat food products have been sealed or inclosed in said can, tin, pot, canvas, or other receptacle or covering under the supervision of an inspector.
(b) Information on articles or containers; legible form All carcasses, parts of carcasses, meat and meat food products inspected at any establishment under the authority of this subchapter and found to be not adulterated, shall at the time they leave the establishment bear, in distinctly legible form, directly thereon or on their containers, as the Secretary may require, the information required under paragraph (n) of section 601 of this title.
(c) Labeling: type styles and sizes; definitions and standards of identity or composition; standards of fill of container; consistency of Federal and Federal-State standards The Secretary, whenever he determines such action is necessary for the protection of the public, may prescribe: (1) the styles and sizes of type to be used with respect to material required to be incorporated in labeling to avoid false or misleading labeling in marketing and labeling any articles or animals subject to this subchapter or subchapter II of this chapter; (2) definitions and standards of identity or composition for articles subject to this subchapter and standards of fill of container for such articles not inconsistent with any such standards established under the Federal Food, Drug, and Cosmetic Act [21 U.S.C. 301 et seq.], and there shall be consultation between the Secretary and the Secretary of Health and Human Services prior to the issuance of such standards under either Act relating to articles subject to this chapter to avoid inconsistency in such standards and possible impairment of the coordinated effective administration of these Acts. There shall also be consultation between the Secretary and an appropriate advisory committee provided for in section 661 of this title, prior to the issuance of such standards under this chapter, to avoid, insofar as feasible, inconsistency between Federal and State standards.
(d) Sales under false or misleading name, other marking or labeling or in containers of misleading form or size; trade names, and other marking, labeling, and containers approved by Secretary No article subject to this subchapter shall be sold or offered for sale by any person, firm, or corporation, in commerce, under any name or other marking or labeling which is false or misleading, or in any container of a misleading form or size, but established trade names and other marking and labeling and containers which are not false or misleading and which are approved by the Secretary are permitted.
(e) Use withholding directive respecting false or misleading marking, labeling, or container; modification of false or misleading matter; hearing; withholding use pending proceedings; finality of Secretarys action; judicial review; application of section 194 of title 7 If the Secretary has reason to believe that any marking or labeling or the size or form of any container in use or proposed for use with respect to any article subject to this subchapter is false or misleading in any particular, he may direct that such use be withheld unless the marking, labeling, or container is modified in such manner as he may prescribe so that it will not be false or misleading. If the person, firm, or corporation using or proposing to use the marking, labeling or container does not accept the determination of the Secretary, such person, firm, or corporation may request a hearing, but the use of the marking, labeling, or container shall, if the Secretary so directs, be withheld pending hearing and final determination by the Secretary. Any such determination by the Secretary shall be conclusive unless, within thirty days after receipt of notice of such final determination, the person, firm, or corporation adversely affected thereby appeals to the United States court of appeals for the circuit in which such person, firm, or corporation has its principal place of business or to the United States Court of Appeals for the District of Columbia Circuit. The provisions of section 194 of title 7 shall be applicable to appeals taken under this section.
(f) Lamb and mutton The Secretary, consistent with United States international obligations, shall establish standards for the labeling of sheep carcasses, parts of sheep carcasses, sheepmeat, and sheepmeat food products.
(Mar. 4, 1907, ch. 2907, title I, § 7, formerly 5th par., 34 Stat. 1262; renumbered § 7 and amended Pub. L. 90201, §§ 1, 3(a), 6, Dec. 15, 1967, 81 Stat. 584, 588; Pub. L. 9688, title V, § 509(b), Oct. 17, 1979, 93 Stat. 695; Pub. L. 104127, title II, § 279, Apr. 4, 1996, 110 Stat. 979.)
## Notes
Editorial Notes
References in TextThe Federal Food, Drug, and Cosmetic Act, referred to in subsec. (c)(2), is act June 25, 1938, ch. 675, 52 Stat. 1040, which is classified generally to chapter 9 (§ 301 et seq.) of this title. For complete classification of this Act to the Code, see section 301 of this title and Tables. Either Act and these Acts, referred to in subsec. (c)(2), mean the Federal Meat Inspection Act and the Federal Food, Drug, and Cosmetic Act. The Federal Meat Inspection Act is titles I to V of act Mar. 4, 1907, ch. 2907, as added Pub. L. 90201, Dec. 15, 1967, 81 Stat. 584, and Pub. L. 110246, title XI, § 11015(a), June 18, 2008, 122 Stat. 2124, which are classified generally to subchapters I to IVA (§ 601 et seq.) of this chapter. For complete classification of this Act to the Code, see Short Title note under section 601 of this title and Tables.
Codification Section was formerly classified to section 75 of this title.
Amendments1996—Subsec. (f). Pub. L. 104127 added subsec. (f). 1967—Subsec. (a). Pub. L. 90201, §§ 3(a), 6(a), (b), struck out “interstate or foreign” before “commerce” and provisions prohibiting sales of meat or meat food products in interstate or foreign commerce under any false or deceptive names and permitting trade names or names which are usual to such products and are not false and deceptive and are approved by the Secretary of Agriculture, now incorporated in subsec. (d), and designated remaining provisions as subsecs. (a), respectively. Subsecs. (b) to (e). Pub. L. 90201, § 6(c), added subsecs. (b) to (e).
Statutory Notes and Related Subsidiaries
Change of Name “Secretary of Health and Human Services” substituted for “Secretary of Health, Education, and Welfare” in subsec. (c)(2) pursuant to section 509(b) of Pub. L. 9688, which is classified to section 3508(b) of Title 20, Education.
Effective Date of 1967 AmendmentAmendment by Pub. L. 90201 effective Dec. 15, 1967, except that with respect to equines (other than horses) and their carcasses and parts thereof, meat, and meat food products thereof, amendment effective upon expiration of sixty days after Dec. 15, 1967, see section 20(b) of Pub. L. 90201, set out as an Effective Date note under section 601 of this title.
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# 21 U.S.C. § 608 - Sanitary inspection and regulation of slaughtering and packing establishments; rejection of adulterated meat or meat food products
## Text
The Secretary shall cause to be made, by experts in sanitation or by other competent inspectors, such inspection of all slaughtering, meat canning, salting, packing, rendering, or similar establishments in which amenable species are slaughtered and the meat and meat food products thereof are prepared for commerce as may be necessary to inform himself concerning the sanitary conditions of the same, and to prescribe the rules and regulations of sanitation under which such establishments shall be maintained; and where the sanitary conditions of any such establishment are such that the meat or meat food products are rendered adulterated, he shall refuse to allow said meat or meat food products to be labeled, marked, stamped or tagged as “inspected and passed.”
(Mar. 4, 1907, ch. 2907, title I, § 8, formerly 6th par., 34 Stat. 1262; renumbered § 8 and amended Pub. L. 90201, §§ 1, 3, 12(a), (f), Dec. 15, 1967, 81 Stat. 584, 588, 592; Pub. L. 10997, title VII, § 798[(a)](1), Nov. 10, 2005, 119 Stat. 2166.)
## Notes
Editorial Notes
Codification Section was formerly classified to section 76 of this title.
Amendments2005—Pub. L. 10997 substituted “amenable species” for “cattle, sheep, swine, goats, horses, mules, and other equines”. 1967—Pub. L. 90201, §§ 3, 12(a), (f), struck out “interstate or foreign” before “commerce” and “of Agriculture” after “Secretary”, included horses, mules, and other equines in the list of animals, and substituted “adulterated” for “unclean, unsound, unhealthful, unwholesome, or otherwise unfit for human food”, respectively.
Statutory Notes and Related Subsidiaries
Effective Date of 2005 AmendmentAmendment by Pub. L. 10997 effective the day after 120 days after Nov. 10, 2005, see section 798(b) of Pub. L. 10997, set out as a note under section 601 of this title.
Effective Date of 1967 AmendmentAmendment by Pub. L. 90201 effective Dec. 15, 1967, except that with respect to equines (other than horses) and their carcasses and parts thereof, meat, and meat food products thereof, amendment effective upon expiration of sixty days after Dec. 15, 1967, see section 20(b) of Pub. L. 90201, set out as an Effective Date note under section 601 of this title.
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# 21 U.S.C. § 609 - Examination of animals and food products thereof, slaughtered and prepared during nighttime
## Text
The Secretary shall cause an examination and inspection of all amenable species, and the food products thereof, slaughtered and prepared in the establishments hereinbefore described for the purposes of commerce to be made during the nighttime as well as during the daytime when the slaughtering of said amenable species, or the preparation of said food products is conducted during the nighttime.
(Mar. 4, 1907, ch. 2907, title I, § 9, formerly 7th par., 34 Stat. 1262; renumbered § 9 and amended Pub. L. 90201, §§ 1, 3, 12(a), Dec. 15, 1967, 81 Stat. 584, 588, 592; Pub. L. 99641, title IV, § 403(d)(1), Nov. 10, 1986, 100 Stat. 3570; Pub. L. 10997, title VII, § 798[(a)](1), Nov. 10, 2005, 119 Stat. 2166.)
## Notes
Editorial Notes
Codification Section was formerly classified to section 77 of this title.
Amendments2005—Pub. L. 10997 substituted “amenable species” for “cattle, sheep, swine, goats, horses, mules, and other equines” in two places. 1986—Pub. L. 99641 temporarily inserted “, except as provided in section 606 of this title,” after first reference to “other equines, and”. See Effective and Termination Dates of 1986 Amendment note below. 1967—Pub. L. 90201, §§ 3, 12(a), struck out “interstate or foreign” before “commerce” and “of Agriculture” after “Secretary” and included horses, mules, and other equines in the list of animals, respectively.
Statutory Notes and Related Subsidiaries
Effective Date of 2005 AmendmentAmendment by Pub. L. 10997 effective the day after 120 days after Nov. 10, 2005, see section 798(b) of Pub. L. 10997, set out as a note under section 601 of this title.
Effective and Termination Dates of 1986 AmendmentPub. L. 99641, title IV, § 403(d)(1), Nov. 10, 1986, 100 Stat. 3570, provided that the amendment made by that section is effective only during the 6-year period beginning Nov. 10, 1986. Pub. L. 99641, title IV, § 408, Nov. 10, 1986, 100 Stat. 3571, provided that: “(a) General Effective Date.—Except as provided in subsection (b) of this section, this title and the amendments made by this title [amending this section and sections 606, 621, 671, and 676 of this title and enacting provisions set out as notes under this section and sections 606, 621, 671, and 676 of this title] shall become effective on the date of the enactment of this Act [Nov. 10, 1986]. “(b) Temporary Application of Existing Law.—Sections 6, 9, and 21 of the Federal Meat Inspection Act (21 U.S.C. 606, 609, and 621), as in effect immediately before the date of the enactment of this Act [Nov. 10, 1986], shall apply with respect to establishments until the Secretary of Agriculture first issues rules and regulations to implement the amendments made by section 403(a) [amending section 606 of this title].”
Effective Date of 1967 AmendmentAmendment by Pub. L. 90201 effective Dec. 15, 1967, except that with respect to equines (other than horses) and their carcasses and parts thereof, meat, and meat food products thereof, amendment effective upon expiration of sixty days after Dec. 15, 1967, see section 20(b) of Pub. L. 90201, set out as an Effective Date note under section 601 of this title.
Savings ProvisionPub. L. 99641, title IV, § 404, Nov. 10, 1986, 100 Stat. 3571, provided that: “The expiration date provisions of section 403 [enacting provisions set out as notes under this section and sections 606, 621, 671, and 676 of this title] shall not have the effect of releasing or extinguishing any penalty, forfeiture, or liability incurred under the Federal Meat Inspection Act (21 U.S.C. 601 et seq.), as amended by section 403 [amending this section and sections 606, 621, 671, and 676 of this title], or under the rules or regulations issued under such Act.”
Inspection Services for Establishments Not Participating in Total Plant Quality-Control ProgramPub. L. 99641, title IV, § 403(e), Nov. 10, 1986, 100 Stat. 3570, provided that: “The amendments made by this section [amending this section and sections 606, 621, 671, and 676 of this title] shall not be construed to authorize the Secretary of Agriculture to refuse to provide inspection under the Federal Meat Inspection Act (21 U.S.C. 601 et seq.) at an establishment solely because such establishment does not participate in a total plant quality-control program.”
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# 21 U.S.C. § 610 - Prohibited acts
## Text
No person, firm, or corporation shall, with respect to any cattle, sheep, swine, goats, horses, mules, or other equines, or any carcasses, parts of carcasses, meat or meat food products of any such animals—
(a) Slaughtering animals or preparation of articles capable of use as human food slaughter any such animals or prepare any such articles which are capable of use as human food at any establishment preparing any such articles for commerce, except in compliance with the requirements of this chapter;
(b) Humane methods of slaughter slaughter or handle in connection with slaughter any such animals in any manner not in accordance with the Act of August 27, 1958 (72 Stat. 862; 7 U.S.C. 19011906);
(c) Sales, transportation, and other transactions sell, transport, offer for sale or transportation, or receive for transportation, in commerce, (1) any such articles which (A) are capable of use as human food and (B) are adulterated or misbranded at the time of such sale, transportation, offer for sale or transportation, or receipt for transportation; or (2) any articles required to be inspected under this subchapter unless they have been so inspected and passed;
(d) Adulteration or misbranding do, with respect to any such articles which are capable of use as human food, any act while they are being transported in commerce or held for sale after such transportation, which is intended to cause or has the effect of causing such articles to be adulterated or misbranded.
(Mar. 4, 1907, ch. 2907, title I, § 10, formerly 8th par., 34 Stat. 1262; renumbered § 10 and amended Pub. L. 90201, §§ 1, 7, Dec. 15, 1967, 81 Stat. 584, 589; Pub. L. 95445, § 3, Oct. 10, 1978, 92 Stat. 1069.)
## Notes
Editorial Notes
References in TextAct of August 27, 1958, referred to in subsec. (b), is Pub. L. 85765, Aug. 27, 1958, 72 Stat. 862, which is classified generally to chapter 48 (§ 1901 et seq.) of Title 7, Agriculture. For complete classification of this Act to the Code, see Tables. Sections 1903 and 1905 of Title 7, included within reference to Act of August 27, 1958, were repealed by Pub. L. 95445, § 5(b), Oct. 10, 1978, 92 Stat. 1069, effective as set forth in section 7 of Pub. L. 95445, set out as an Effective Date of 1978 Amendment note under section 603 of this title.
Codification Section was formerly classified to section 78 of this title.
Amendments1978—Subsecs. (b) to (d). Pub. L. 95445 added subsec. (b) and redesignated former subsecs. (b) and (c) as (c) and (d), respectively. 1967—Pub. L. 90201, § 7, included the list of animals and prohibited, except in compliance with requirements of this chapter, slaughtering animals or preparation of articles capable of use as human food, sales, transportation, and other transactions, and acts of adulteration or misbranding, incorporating in subsec. (b)(2) existing prohibition on distributions in interstate or foreign commerce of noninspected articles.
Statutory Notes and Related Subsidiaries
Effective Date of 1978 AmendmentAmendment by Pub. L. 95445 effective one year after Oct. 10, 1978, and an additional eighteen month period thereafter in hardship cases, see section 7 of Pub. L. 95445, set out as an Effective Date of 1978 Amendment note under section 603 of this title.
Effective Date of 1967 AmendmentAmendment by Pub. L. 90201 effective Dec. 15, 1967, except that subsecs. (b)(1) and (c) of this section effective upon expiration of sixty days after Dec. 15, 1967, see section 20(a) of Pub. L. 90201, set out as an Effective Date note under section 601 of this title.
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# 21 U.S.C. § 611 - Devices, marks, labels, and certificates; simulations
## Text
(a) Devices to be made under authorization of Secretary No brand manufacturer, printer, or other person, firm, or corporation shall cast, print, lithograph, or otherwise make any device containing any official mark or simulation thereof, or any label bearing any such mark or simulation, or any form of official certificate or simulation thereof, except as authorized by the Secretary.
(b) Other misconduct No person, firm, or corporation shall—
(1) forge any official device, mark, or certificate;
(2) without authorization from the Secretary use any official device, mark, or certificate, or simulation thereof, or alter, detach, deface, or destroy any official device, mark, or certificate;
(3) contrary to the regulations prescribed by the Secretary, fail to use, or to detach, deface, or destroy any official device, mark, or certificate;
(4) knowingly possess, without promptly notifying the Secretary or his representative, any official device or any counterfeit, simulated, forged, or improperly altered official certificate or any device or label or any carcass of any animal, or part or product thereof, bearing any counterfeit, simulated, forged, or improperly altered official mark;
(5) knowingly make any false statement in any shippers certificate or other nonofficial or official certificate provided for in the regulations prescribed by the Secretary; or
(6) knowingly represent that any article has been inspected and passed, or exempted, under this chapter when, in fact, it has, respectively, not been so inspected and passed, or exempted.
(Mar. 4, 1907, ch. 2907, title I, § 11, formerly 9th par., 34 Stat. 1263; renumbered § 11 and amended Pub. L. 90201, §§ 1, 8, Dec. 15, 1967, 81 Stat. 584, 589.)
## Notes
Editorial Notes
Codification Section was formerly classified to section 79 of this title.
Amendments1967—Pub. L. 90201, § 8, clarified application to brand manufacturers and printers of existing prohibition against counterfeiting official marks, labels or certificates, the provisions with respect to forgery, unauthorized use or failure to use official marks, or similar items, and similar offenses, and existing prohibitions with respect to false statements in official or nonofficial certificates, and added restriction upon possession of official devices, or devices, labels, meat, or other articles bearing counterfeit official marks, counterfeit official certificates, or similar items, and prohibition against false representations.
Statutory Notes and Related Subsidiaries
Effective Date of 1967 AmendmentAmendment by Pub. L. 90201 effective Dec. 15, 1967, except that with respect to equines (other than horses) and their carcasses and parts thereof, meat, and meat food products thereof, amendment effective upon expiration of sixty days after Dec. 15, 1967, see section 20(b) of Pub. L. 90201, set out as an Effective Date note under section 601 of this title.
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# 21 U.S.C. § 612 - Notification
## Text
Any establishment subject to inspection under this chapter that believes, or has reason to believe, that an adulterated or misbranded meat or meat food product received by or originating from the establishment has entered into commerce shall promptly notify the Secretary with regard to the type, amount, origin, and destination of the meat or meat food product.
(Mar. 4, 1907, ch. 2907, title I, § 12, as added Pub. L. 110234, title XI, § 11017(a), May 22, 2008, 122 Stat. 1370, and Pub. L. 110246, § 4(a), title XI, § 11017(a), June 18, 2008, 122 Stat. 1664, 2132.)
## Notes
Editorial Notes
Codification Pub. L. 110234 and Pub. L. 110246 enacted identical sections. Pub. L. 110234 was repealed by section 4(a) of Pub. L. 110246.
Prior ProvisionsA prior section 612, acts Mar. 4, 1907, ch. 2907, title I, § 12, formerly 10th par., 34 Stat. 1263; renumbered § 12 and amended Pub. L. 90201, §§ 1, 3(b), 12(a), Dec. 15, 1967, 81 Stat. 584, 588, 592, related to inspection of animals for export, prior to repeal by Pub. L. 107171, title X, § 10418(a)(19), May 13, 2002, 116 Stat. 508. Section was formerly classified to section 80 of this title.
Statutory Notes and Related Subsidiaries
Effective DateEnactment of this section and repeal of Pub. L. 110234 by Pub. L. 110246 effective May 22, 2008, the date of enactment of Pub. L. 110234, see section 4 of Pub. L. 110246, set out as a note under section 8701 of Title 7, Agriculture.
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# 21 U.S.C. § 613 - Plans and reassessments
## Text
The Secretary shall require that each establishment subject to inspection under this chapter shall, at a minimum—
(1) prepare and maintain current procedures for the recall of all meat or meat food products produced and shipped by the establishment;
(2) document each reassessment of the process control plans of the establishment; and
(3) upon request, make the procedures and reassessed process control plans available to inspectors appointed by the Secretary for review and copying.
(Mar. 4, 1907, ch. 2907, title I, § 13, as added Pub. L. 110234, title XI, § 11017(a), May 22, 2008, 122 Stat. 1370, and Pub. L. 110246, § 4(a), title XI, § 11017(a), June 18, 2008, 122 Stat. 1664, 2132.)
## Notes
Editorial Notes
Codification Pub. L. 110234 and Pub. L. 110246 enacted identical sections. Pub. L. 110234 was repealed by section 4(a) of Pub. L. 110246.
Prior ProvisionsA prior section 613, acts Mar. 4, 1907, ch. 2907, title I, § 13, formerly 11th par., 34 Stat. 1263; renumbered § 13 and amended Pub. L. 90201, §§ 1, 3(b), 12(a), Dec. 15, 1967, 81 Stat. 584, 588, 592, related to inspectors of animals for export and certificates of condition, prior to repeal by Pub. L. 107171, title X, § 10418(a)(19), May 13, 2002, 116 Stat. 508. Section was formerly classified to section 81 of this title.
Statutory Notes and Related Subsidiaries
Effective DateEnactment of this section and repeal of Pub. L. 110234 by Pub. L. 110246 effective May 22, 2008, the date of enactment of Pub. L. 110234, see section 4 of Pub. L. 110246, set out as a note under section 8701 of Title 7, Agriculture.
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# 21 U.S.C. § 614 - Repealed. Pub. L. 107171, title X, § 10418(a)(19), May 13, 2002, 116 Stat. 508
## Notes
Section, acts Mar. 4, 1907, ch. 2907, title I, § 14, formerly 12th par., 34 Stat. 1263; renumbered § 14 and amended Pub. L. 90201, §§ 1, 3(b), 12(a), Dec. 15, 1967, 81 Stat. 584, 588, 592, prohibited clearance to vessel carrying animals for export without inspectors certificate. Section was formerly classified to section 82 of this title.
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# 21 U.S.C. § 615 - Inspection of carcasses, meat of which is intended for export
## Text
The Secretary shall also cause to be made a careful inspection of the carcasses and parts thereof of all amenable species, the meat of which, fresh, salted, canned, corned, packed, cured, or otherwise prepared, is intended and offered for export to any foreign country, at such times and places and in such manner as he may deem proper.
(Mar. 4, 1907, ch. 2907, title I, § 15, formerly 13th par., 34 Stat. 1263; renumbered § 15 and amended Pub. L. 90201, §§ 1, 3(b), 12(a), Dec. 15, 1967, 81 Stat. 584, 588, 592; Pub. L. 10997, title VII, § 798[(a)](1), Nov. 10, 2005, 119 Stat. 2166.)
## Notes
Editorial Notes
Codification Section was formerly classified to section 83 of this title.
Amendments2005—Pub. L. 10997 substituted “amenable species” for “cattle, sheep, swine, goats, horses, mules, and other equines”. 1967—Pub. L. 90201, §§ 3(b), 12(a), struck out “of Agriculture” after “Secretary” and included horses, mules, and other equines in the list of animals, respectively.
Statutory Notes and Related Subsidiaries
Effective Date of 2005 AmendmentAmendment by Pub. L. 10997 effective the day after 120 days after Nov. 10, 2005, see section 798(b) of Pub. L. 10997, set out as a note under section 601 of this title.
Effective Date of 1967 AmendmentAmendment by Pub. L. 90201 effective Dec. 15, 1967, except that with respect to equines (other than horses) and their carcasses and parts thereof, meat, and meat food products thereof, amendment effective upon expiration of sixty days after Dec. 15, 1967, see section 20(b) of Pub. L. 90201, set out as an Effective Date note under section 601 of this title.
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# 21 U.S.C. § 616 - Inspectors of carcasses, etc., meat of which is intended for export; certificates of condition
## Text
For the purpose of section 615 of this title the Secretary may appoint inspectors who shall be authorized to give an official certificate stating the condition in which said cattle, sheep, swine, goats, horses, mules, or other equines, and the meat thereof, are found.
(Mar. 4, 1907, ch. 2907, title I, § 16, formerly 14th par., 34 Stat. 1263; renumbered § 16 and amended Pub. L. 90201, §§ 1, 3(b), 12(a), Dec. 15, 1967, 81 Stat. 584, 588, 592.)
## Notes
Editorial Notes
Codification Section was formerly classified to section 84 of this title.
Amendments1967—Pub. L. 90201, §§ 3(b), 12(a), struck out “of Agriculture” after “Secretary”, and included horses, mules, or other equines in the list of animals.
Statutory Notes and Related Subsidiaries
Effective Date of 1967 AmendmentAmendment by Pub. L. 90201 effective Dec. 15, 1967, except that with respect to equines (other than horses) and their carcasses and parts thereof, meat, and meat food products thereof, amendment effective upon expiration of sixty days after Dec. 15, 1967, see section 20(b) of Pub. L. 90201, set out as an Effective Date note under section 601 of this title.
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# 21 U.S.C. § 617 - Clearance prohibited to vessel carrying meat for export without inspectors certificate
## Text
No clearance shall be given to any vessel having on board any fresh, salted, canned, corned, or packed beef, mutton, pork, goat or equine meat for export to and sale in a foreign country from any port in the United States, until the owner or shipper thereof shall obtain from an inspector appointed under the provisions of this chapter a certificate that the said amenable species were sound and healthy at the time of inspection, and that their meat is sound and wholesome, unless the Secretary shall have waived the requirements of such certificate for the country to which said amenable species or meats are to be exported.
(Mar. 4, 1907, ch. 2907, title I, § 17, formerly 15th par., 34 Stat. 1263; renumbered § 17 and amended Pub. L. 90201, §§ 1, 3(b), 12(a), (g), Dec. 15, 1967, 81 Stat. 584, 588, 592; Pub. L. 10997, title VII, § 798[(a)](1), Nov. 10, 2005, 119 Stat. 2166.)
## Notes
Editorial Notes
Codification Section was formerly classified to section 85 of this title.
Amendments2005—Pub. L. 10997 substituted “amenable species” for “cattle, sheep, swine, goats, horses, mules, and other equines” in two places. 1967—Pub. L. 90201, §§ 3(b), 12(a), (g), struck out “of Agriculture” after “Secretary”, included horses, mules, and other equines in the list of animals, and substituted “goat or equine meat” for “or goat meat, being the meat of animals killed after March 4, 1907, or except as hereinbefore provided”, respectively.
Statutory Notes and Related Subsidiaries
Effective Date of 2005 AmendmentAmendment by Pub. L. 10997 effective the day after 120 days after Nov. 10, 2005, see section 798(b) of Pub. L. 10997, set out as a note under section 601 of this title.
Effective Date of 1967 AmendmentAmendment by Pub. L. 90201 effective Dec. 15, 1967, except that with respect to equines (other than horses) and their carcasses and parts thereof, meat, and meat food products thereof, amendment effective upon expiration of sixty days after Dec. 15, 1967, see section 20(b) of Pub. L. 90201, set out as an Effective Date note under section 601 of this title.
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# 21 U.S.C. § 618 - Delivery of inspectors certificates, and of copies
## Text
The inspectors provided for under this subchapter shall be authorized to give official certificates of the condition of the carcasses and products of amenable species; and one copy of every certificate granted under the provisions of this chapter shall be filed in the Department of Agriculture, another copy shall be delivered to the owner or shipper, and when the amenable species, or their carcasses and products are sent abroad, a third copy shall be delivered to the chief officer of the vessel on which the shipment shall be made.
(Mar. 4, 1907, ch. 2907, title I, § 18, formerly 16th par., 34 Stat. 1263; renumbered § 18 and amended Pub. L. 90201, §§ 1, 12(a), (h), Dec. 15, 1967, 81 Stat. 584, 592; Pub. L. 107171, title X, § 10418(b)(4), May 13, 2002, 116 Stat. 508; Pub. L. 10997, title VII, § 798[(a)](1), Nov. 10, 2005, 119 Stat. 2166.)
## Notes
Editorial Notes
Codification “Provided for under this subchapter” was in the original “provided for herein”. Section was formerly classified to section 86 of this title.
Amendments2005—Pub. L. 10997 substituted “amenable species” for “cattle, sheep, swine, goats, horses, mules, and other equines” in two places. 2002—Pub. L. 107171 substituted “of the carcasses and products of cattle, sheep, swine, goats, horses, mules, and other equines” for “of the cattle, sheep, swine, goats, horses, mules, and other equines, their carcasses and products as described in this subchapter”. 1967—Pub. L. 90201, § 12(a), (h), included horses, mules, and other equines in the list of animals and struck out “sound and wholesome” before “conditions”, respectively.
Statutory Notes and Related Subsidiaries
Effective Date of 2005 AmendmentAmendment by Pub. L. 10997 effective the day after 120 days after Nov. 10, 2005, see section 798(b) of Pub. L. 10997, set out as a note under section 601 of this title.
Effective Date of 1967 AmendmentAmendment by Pub. L. 90201 effective Dec. 15, 1967, except that with respect to equines (other than horses) and their carcasses and parts thereof, meat, and meat food products thereof, amendment effective upon expiration of sixty days after Dec. 15, 1967, see section 20(b) of Pub. L. 90201, set out as an Effective Date note under section 601 of this title.
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# 21 U.S.C. § 619 - Marking, labeling, or other identification to show kinds of animals from which derived; separate establishments for preparation and slaughtering activities
## Text
No person, firm, or corporation shall sell, transport, offer for sale or transportation, or receive for transportation, in commerce, any carcasses of species designated by regulations in effect on the day before November 10, 2005, or parts of such carcasses, or the meat or meat food products thereof, unless they are plainly and conspicuously marked or labeled or otherwise identified as required by regulations prescribed by the Secretary to show the kinds of animals from which they were derived. When required by the Secretary, with respect to establishments at which inspection is maintained under this subchapter, such animals and their carcasses, parts thereof, meat and meat food products shall be prepared in establishments separate from those in which other amenable species are slaughtered or their carcasses, parts thereof, meat or meat food products are prepared.
(Mar. 4, 1907, ch. 2907, title I, § 19, formerly 17th par., 34 Stat. 1264; renumbered § 19 and amended Pub. L. 90201, §§ 1, 9, Dec. 15, 1967, 81 Stat. 584, 590; Pub. L. 10997, title VII, § 798[(a)](3), Nov. 10, 2005, 119 Stat. 2166.)
## Notes
Editorial Notes
Codification Section was formerly classified to section 87 of this title.
Amendments2005—Pub. L. 10997 substituted “species designated by regulations in effect on the day before November 10, 2005,” for “horses, mules, or other equines” and “other amenable species” for “cattle, sheep, swine, or goats”. 1967—Pub. L. 90201, § 9, substituted provisions for marking, labeling, or other identification of kinds of animals whence the articles are derived and for separate establishments for preparation and slaughtering activities for prohibition against transportation or sale of meat or meat food products without complying with inspection provisions. See section 610(b) of this title.
Statutory Notes and Related Subsidiaries
Effective Date of 2005 AmendmentAmendment by Pub. L. 10997 effective the day after 120 days after Nov. 10, 2005, see section 798(b) of Pub. L. 10997, set out as a note under section 601 of this title.
Effective Date of 1967 AmendmentAmendment by Pub. L, 90201 effective Dec. 15, 1967, except that with respect to equines (other than horses) and their carcasses and parts thereof, meat, and meat food products thereof, amendment effective upon expiration, of sixty days after Dec. 15, 1967, see section 20(b) of Pub. L. 90201, set out as an Effective Date note under section 601 of this title.
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# 21 U.S.C. § 620 - Imports
## Text
(a) Adulteration or misbranding prohibition; compliance with inspection, building construction standards, and other provisions; humane methods of slaughter; treatment as domestic articles subject to this chapter and food, drug, and cosmetic provisions; marking and labeling; personal consumption exemption No carcasses, parts of carcasses, meat or meat food products of cattle, sheep, swine, goats, horses, mules, or other equines which are capable of use as human food, shall be imported into the United States if such articles are adulterated or misbranded and unless they comply with all the inspection, building, construction standards, and all other provisions of this chapter and regulations issued thereunder applicable to such articles in commerce within the United States. No such carcasses, parts of carcasses, meat or meat food products shall be imported into the United States unless the livestock from which they were produced was slaughtered and handled in connection with slaughter in accordance with the Act of August 27, 1958 (72 Stat. 862; 7 U.S.C. 19011906). All such imported articles shall, upon entry into the United States, be deemed and treated as domestic articles subject to the other provisions of this chapter and the Federal Food, Drug, and Cosmetic Act [21 U.S.C. 301 et seq.]: Provided, That they shall be marked and labeled as required by such regulations for imported articles: Provided further, That nothing in this section shall apply to any individual who purchases meat or meat products outside the United States for his own consumption except that the total amount of such meat or meat products shall not exceed fifty pounds.
(b) Terms and conditions for destruction The Secretary may prescribe the terms and conditions for the destruction of all such articles which are imported contrary to this section, unless (1) they are exported by the consignee within the time fixed therefor by the Secretary, or (2) in the case of articles which are not in compliance with the chapter solely because of misbranding, such articles are brought into compliance with the chapter under supervision of authorized representatives of the Secretary.
(c) Payment of storage, cartage, and labor charges by owner or consignee; liens All charges for storage, cartage, and labor with respect to any article which is imported contrary to this section shall be paid by the owner or consignee, and in default of such payment shall constitute a lien against such article and any other article thereafter imported under this chapter by or for such owner or consignee.
(d) Prohibition The knowing importation of any article contrary to this section is prohibited.
(e) Omitted
(f) Inspection and other standards; applicability, enforcement, etc.; certifications Notwithstanding any other provision of law, all carcasses, parts of carcasses, meat, and meat food products of cattle, sheep, swine, goats, horses, mules, or other equines, capable of use as human food, offered for importation into the United States shall be subject to the inspection, sanitary, quality, species verification, and residue standards applied to products produced in the United States. Any such imported meat articles that do not meet such standards shall not be permitted entry in to the United States. The Secretary shall enforce this provision through (1) the imposition of random inspections for such species verification and for residues, and (2) random sampling and testing of internal organs and fat of the carcasses for residues at the point of slaughter by the exporting country in accordance with methods approved by the Secretary. Each foreign country from which such meat articles are offered for importation into the United States shall obtain a certification issued by the Secretary stating that the country maintains a program using reliable analytical methods to ensure compliance with the United States standards for residues in such meat articles. No such meat article shall be permitted entry into the United States from a country for which the Secretary has not issued such certification. The Secretary shall periodically review such certifications and shall revoke any certification if the Secretary determines that the country involved is not maintaining a program that uses reliable analytical methods to ensure compliance with United States standards for residues in such meat articles. The consideration of any application for a certification under this subsection and the review of any such certification, by the Secretary, shall include the inspection of individual establishments to ensure that the inspection program of the foreign country involved is meeting such United States standards.
(g) Administration of animal drugs or antibiotics; terms and conditions; entry order violations The Secretary may prescribe terms and conditions under which amenable species that have been administered an animal drug or antibiotic banned for use in the United States may be imported for slaughter and human consumption. No person shall enter amenable species into the United States in violation of any order issued under this subsection by the Secretary.
(h) Reciprocal meat inspection requirement (1) As used in this subsection:
(A) The term “meat articles” means carcasses, meat and meat food products of cattle, sheep, swine, goats, horses, mules, or other equines, that are capable of use as human food.
(B) The term “standards” means inspection, building construction, sanitary, quality, species verification, residue, and other standards that are applicable to meat articles.
(2) On request of the Committee on Agriculture or the Committee on Ways and Means of the House of Representatives or the Committee on Agriculture, Nutrition, and Forestry or the Committee on Finance of the Senate, or at the initiative of the Secretary, the Secretary shall, as soon as practicable, determine whether a particular foreign country applies standards for the importation of meat articles from the United States that are not related to public health concerns about end-product quality that can be substantiated by reliable analytical methods.
(3) If the Secretary determines that a foreign country applies standards described in paragraph (2)—
(A) the Secretary shall consult with the United States Trade Representative; and
(B) within 30 days after the determination of the Secretary under paragraph (2), the Secretary and the United States Trade Representative shall recommend to the President whether action should be taken under paragraph (4).
(4) Within 30 days after receiving a recommendation for action under paragraph (3), the President shall, if and for such time as the President considers appropriate, prohibit imports into the United States of any meat articles produced in such foreign country unless it is determined that the meat articles produced in that country meet the standards applicable to meat articles in commerce within the United States.
(5) The action authorized under paragraph (4) may be used instead of, or in addition to, any other action taken under any other law.
(Mar. 4, 1907, ch. 2907, title I, § 20, formerly 18th par., 34 Stat. 1264; renumbered § 20 and amended Pub. L. 90201, §§ 1, 10, Dec. 15, 1967, 81 Stat. 584, 590; Pub. L. 95445, § 4, Oct. 10, 1978, 92 Stat. 1069; Pub. L. 9798, title XI, § 1122, Dec. 22, 1981, 95 Stat. 1273; Pub. L. 99198, title XVII, § 1702, Dec. 23, 1985, 99 Stat. 1634; Pub. L. 100418, title IV, § 4604, Aug. 23, 1988, 102 Stat. 1408; Pub. L. 103182, title III, § 361(f), Dec. 8, 1993, 107 Stat. 2124; Pub. L. 103437, § 8(2), Nov. 2, 1994, 108 Stat. 4588; Pub. L. 103465, title IV, § 431(l), Dec. 8, 1994, 108 Stat. 4970; Pub. L. 10997, title VII, § 798[(a)](1), Nov. 10, 2005, 119 Stat. 2166.)
## Notes
Editorial Notes
References in TextAct of August 27, 1958, referred to in subsec. (a), is Pub. L. 85765, Aug. 27, 1958, 72 Stat. 862, which is classified generally to chapter 48 (§ 1901 et seq.) of Title 7, Agriculture. Sections 1903 and 1905 of Title 7, included within reference to Act of August 27, 1958, were repealed by Pub. L. 95445, § 5(b), Oct. 10, 1978, 92 Stat. 1069, effective as set forth in section 7 of Pub. L. 95445, set out as an Effective Date of 1978 Amendment note under section 603 of this title. For complete classification of this Act to the Code, see Tables. The Federal Food, Drug, and Cosmetic Act, referred to in subsec. (a), is act June 25, 1938, ch. 675, 52 Stat. 1040, which is classified generally to chapter 9 (§ 301 et seq.) of this title. For complete classification of this act to the Code, see section 301 of this title and Tables.
Codification Subsec. (e) of this section, which required the Secretary to submit to the Committee on Agriculture of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate a comprehensive and detailed written annual report on the administration of this section, terminated, effective May 15, 2000, pursuant to section 3003 of Pub. L. 10466, as amended, set out as a note under section 1113 of Title 31, Money and Finance. See, also, page 46 of House Document No. 1037. Section was formerly classified to section 88 of this title.
Amendments2005—Subsec. (g). Pub. L. 10997 substituted “amenable species” for “cattle, sheep, swine, goats, horses, mules, and other equines” in two places. 1994—Subsec. (e). Pub. L. 103437 substituted “Agriculture, Nutrition, and Forestry” for “Agriculture and Forestry” in introductory provisions. Subsec. (e)(1)(A), (B). Pub. L. 103465, § 431(l)(1), amended subpars. (A) and (B) generally. Prior to amendment, subpars. (A) and (B) read as follows: “(A) Subject to subparagraphs (B) and (C), a certification by the Secretary that foreign plants in Canada and Mexico that export carcasses or meat or meat products referred to in subsection (a) of this section have complied with paragraph (2) or with requirements that are equivalent to United States requirements with regard to all inspection and building construction standards, and all other provisions of this chapter and regulations issued under this chapter. “(B) Subject to subparagraph (C), the Secretary may treat as equivalent to a United States requirement a requirement described in subparagraph (A) if the exporting country provides the Secretary with scientific evidence or other information, in accordance with risk assessment methodologies agreed to by the Secretary and the exporting country, to demonstrate that the requirement or standard of the exporting country achieves the level of protection that the Secretary considers appropriate.” Subsec. (e)(2) to (7). Pub. L. 103465, § 431(l)(2), (3), redesignated pars. (3) to (7) as (2) to (6), respectively, and struck out former par. (2) which read as follows: “A certification by the Secretary that, except as provided in paragraph (1), foreign plants that export carcasses or meat or meat products referred to in subsection (a) of this section have complied with requirements that are at least equal to all inspection and building construction standards and all other provisions of this chapter and regulations issued under this chapter.” 1993—Subsec. (e). Pub. L. 103182, § 361(f)(1), substituted “not be limited to the following:” for “not be limited to—” in introductory provisions. Subsec. (e)(1) to (7). Pub. L. 103182, § 361(f)(2)(7), added pars. (1) and (2), struck out former par. (1), redesignated pars. (2) to (6) as (3) to (7), respectively, substituted “The” for “the” at beginning of each par., substituted period for semicolon at end of pars. (3) to (5), and substituted period for “; and” at end of par. (6). Prior to amendment, former par. (1) read as follows: “a certification by the Secretary that foreign plants exporting carcasses or meat or meat products referred to in subsection (a) of this section have complied with requirements at least equal to all the inspection, building construction standards, and all other provisions of this chapter and regulations issued thereunder;”. 1988—Subsec. (e)(6). Pub. L. 100418, § 4604(b), added par. (6). Subsec. (h). Pub. L. 100418, § 4604(a), added subsec. (h). 1985—Subsec. (f). Pub. L. 99198, § 1702(a), struck out provision which had made this subsection effective six months after Dec. 22, 1981, and inserted provisions requiring that each foreign country from which meat articles are offered for importation into the United States obtain a certification issued by the Secretary stating that the country maintains a program using reliable analytical methods to ensure compliance with the United States standards for residues in such meat articles, that no meat article be permitted entry into the United States from a country for which the Secretary has not issued such certification, that the Secretary periodically review such certifications and revoke any certification if the Secretary determines that the country involved is not maintaining a program that uses reliable analytical methods to ensure compliance with United States standards for residues in such meat articles, and that the consideration of any application for a certification under this subsection and the review of any such certification, by the Secretary, include the inspection of individual establishments to ensure that the inspection program of the foreign country involved is meeting such United States standards. Subsec. (g). Pub. L. 99198, § 1702(b), added subsec. (g). 1981—Subsec. (f). Pub. L. 9798 added subsec. (f). 1978—Subsec. (a). Pub. L. 95445 prohibited imports which do not comply with humane methods of slaughter. 1967—Pub. L. 90201, § 10, substituted imported articles provisions for penalty provisions deeming offenses as misdemeanors and punishable by fine of $10,000 or imprisonment for two years or both. See section 676(a) of this title.
Statutory Notes and Related Subsidiaries
Effective Date of 2005 AmendmentAmendment by Pub. L. 10997 effective the day after 120 days after Nov. 10, 2005, see section 798(b) of Pub. L. 10997, set out as a note under section 601 of this title.
Effective Date of 1994 AmendmentAmendment by Pub. L. 103465 effective, except as otherwise provided, on the date of entry into force of the World Trade Organization Agreement with respect to the United States (Jan. 1, 1995), see section 451 of Pub. L. 103465, set out as an Effective Date note under section 3601 of Title 19, Customs Duties.
Effective Date of 1981 AmendmentAmendment by Pub. L. 9798 effective Dec. 22, 1981, see section 1801 of Pub. L. 9798, set out as an Effective Date note under section 4301 of Title 7, Agriculture.
Effective Date of 1978 AmendmentAmendment by Pub. L. 95445 effective one year after Oct. 10, 1978, and an additional eighteen-month period thereafter in hardship cases, see section 7 of Pub. L. 95445, set out as a note under section 603 of this title.
Effective Date of 1967 AmendmentAmendment by Pub. L. 90201 effective upon expiration of sixty days after Dec. 15, 1967, see section 20(a) of Pub. L. 90201, set out as an Effective Date note under section 601 of this title.
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# 21 U.S.C. § 621 - Inspectors to make examinations provided for; appointment; duties; regulations
## Text
The Secretary shall appoint from time to time inspectors to make examination and inspection of all amenable species, inspection of which is hereby provided for and of all carcasses and parts thereof, and of all meats and meat food products thereof, and of the sanitary conditions of all establishments in which such meat and meat food products hereinbefore described are prepared; and said inspectors shall refuse to stamp, mark, tag, or label any carcass or any part thereof, or meat food product therefrom, prepared in any establishment hereinbefore mentioned, until the same shall have actually been inspected and found to be not adulterated; and shall perform such other duties as are provided by this chapter and by the rules and regulations to be prescribed by said Secretary; and said Secretary shall, from time to time, make such rules and regulations as are necessary for the efficient execution of the provisions of this chapter, and all inspections and examinations made under this chapter, shall be such and made in such manner as described in the rules and regulations prescribed by said Secretary not inconsistent with provisions of this chapter.
(Mar. 4, 1907, ch. 2907, title I, § 21, formerly 19th par., 34 Stat. 1264; renumbered § 21 and amended Pub. L. 90201, §§ 1, 3(b), 12(a), (i), Dec. 15, 1967, 81 Stat. 584, 588, 592, 593; Pub. L. 99641, title IV, § 403(d)(2), Nov. 10, 1986, 100 Stat. 3570; Pub. L. 10997, title VII, § 798[(a)](1), Nov. 10, 2005, 119 Stat. 2166.)
## Notes
Editorial Notes
Codification Section was formerly classified to section 89 of this title.
Amendments2005—Pub. L. 10997 substituted “amenable species” for “cattle, sheep, swine, goats, horses, mules, and other equines”. 1986—Pub. L. 99641 temporarily substituted “thereof, and of meat food products” for “and meat food products”, which substitution was made for the first such reference as the probable intent of Congress. See Effective and Termination Dates of 1986 Amendment note below. 1967—Pub. L. 90201, §§ 3(b), 12(a), (i), struck out “of Agriculture” after “Secretary” in four places, included horses, mules, and other equines in the list of animals, and substituted “not adulterated” for “sound, healthful, wholesome, and fit for human food, and to contain no dyes, chemicals, preservatives, or ingredients which render such meat food product unsound, unhealthful, unwholesome, or unfit for human food; and to have been prepared under proper sanitary conditions, hereinbefore provided for”, respectively.
Statutory Notes and Related Subsidiaries
Effective Date of 2005 AmendmentAmendment by Pub. L. 10997 effective the day after 120 days after Nov. 10, 2005, see section 798(b) of Pub. L. 10997, set out as a note under section 601 of this title.
Effective and Termination Dates of 1986 AmendmentPub. L. 99641, title IV, § 403(d)(2), Nov. 10, 1986, 100 Stat. 3570, provided that the amendment made by that section is effective only during the 6-year period beginning on Nov. 10, 1986. Amendment by Pub. L. 99641 effective Nov. 10, 1986, except that this section as in effect immediately before Nov. 10, 1986, applies with respect to establishments until the Secretary of Agriculture first issues rules and regulations to implement the amendments made by section 403(a) of Pub. L. 99641 to section 606 of this title, see section 408 of Pub. L. 99641, set out as a note under section 609 of this title.
Effective Date of 1967 AmendmentAmendment by Pub. L. 90201 effective Dec. 15, 1967, except that with respect to equines (other than horses) and their carcasses and parts thereof, meat, and meat food products thereof, amendment effective upon expiration of sixty days after Dec. 15, 1967, see section 20(b) of Pub. L. 90201, set out as an Effective Date note under section 601 of this title.
Construction and Effect of Amendments by Pub. L. 99641For provisions relating to construction and effect of temporary amendments by section 403 of Pub. L. 99641, see sections 403(e) and 404 of Pub. L. 99641, set out as notes entitled “Inspection Services for Establishments Not Participating in Total Plant Quality-Control Program” and “Savings Provision”, respectively, under section 609 of this title.
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# 21 U.S.C. § 622 - Bribery of or gifts to inspectors or other officers and acceptance of gifts
## Text
Any person, firm, or corporation, or any agent or employee of any person, firm, or corporation, who shall give, pay, or offer, directly or indirectly, to any inspector, deputy inspector, chief inspector, or any other officer or employee of the United States authorized to perform any of the duties prescribed by this chapter or by the rules and regulations of the Secretary any money or other thing of value, with intent to influence said inspector, deputy inspector, chief inspector, or other officer or employee of the United States in the discharge of any duty provided for in this chapter, shall be deemed guilty of a felony, and, upon conviction thereof, shall be punished by a fine not less than $5,000 nor more than $10,000 and by imprisonment not less than one year nor more than three years; and any inspector, deputy inspector, chief inspector, or other officer or employee of the United States authorized to perform any of the duties prescribed by this chapter who shall accept any money, gift, or other thing of value from any person, firm, or corporation, or officers, agents, or employees thereof, given with intent to influence his official action, or who shall receive or accept from any person, firm, or corporation engaged in commerce any gift, money, or other thing of value, given with any purpose or intent whatsoever, shall be deemed guilty of a felony and shall, upon conviction thereof, be summarily discharged from office and shall be punished by a fine not less than $1,000 nor more than $10,000 and by imprisonment not less than one year nor more than three years.
(Mar. 4, 1907, ch. 2907, title I, § 22, formerly 20th par., 34 Stat. 1264; renumbered § 22 and amended Pub. L. 90201, §§ 1, 3, Dec. 15, 1967, 81 Stat. 584, 588.)
## Notes
Editorial Notes
Codification Section was formerly classified to section 90 of this title.
Amendments1967—Pub. L. 90201, § 3, struck out “interstate or foreign” before “commerce” and “of Agriculture” after “Secretary”.
Statutory Notes and Related Subsidiaries
Effective Date of 1967 AmendmentAmendment by Pub. L. 90201 effective Dec. 15, 1967, except that with respect to equines (other than horses) and their carcasses and parts thereof, meat, and meat food products thereof, amendment effective upon expiration of sixty days after Dec. 15, 1967, see section 20(b) of Pub. L. 90201, set out as an Effective Date note under section 601 of this title.
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# 21 U.S.C. § 623 - Exemptions from inspection requirements
## Text
(a) Personal slaughtering and custom slaughtering for personal, household, guest, and employee uses The provisions of this subchapter requiring inspection of the slaughter of animals and the preparation of the carcasses, parts thereof, meat and meat food products at establishments conducting such operations for commerce shall not apply to the slaughtering by any person of animals of his own raising, and the preparation by him and transportation in commerce of the carcasses, parts thereof, meat and meat food products of such animals exclusively for use by him and members of his household and his nonpaying guests and employees; nor to the custom slaughter by any person, firm, or corporation of cattle, sheep, swine or goats delivered by the owner thereof for such slaughter, and the preparation by such slaughterer and transportation in commerce of the carcasses, parts thereof, meat and meat food products of such animals, exclusively for use, in the household of such owner, by him and members of his household and his nonpaying guests and employees; nor to the custom preparation by any person, firm, or corporation of carcasses, parts thereof, meat or meat food products, derived from the slaughter by any person of cattle, sheep, swine, or goats of his own raising, or from game animals, delivered by the owner thereof for such custom preparation, and transportation in commerce of such custom prepared articles, exclusively for use in the household of such owner, by him and members of his household and his nonpaying guests and employees: Provided, That in cases where such person, firm, or corporation engages in such custom operations at an establishment at which inspection under this subchapter is maintained, the Secretary may exempt from such inspection at such establishment any animals slaughtered or any meat or meat food products otherwise prepared on such custom basis: Provided further, That custom operations at any establishment shall be exempt from inspection requirements as provided by this section only if the establishment complies with regulations which the Secretary is hereby authorized to promulgate to assure that any carcasses, parts thereof, meat or meat food products wherever handled on a custom basis, or any containers or packages containing such articles, are separated at all times from carcasses, parts thereof, meat or meat food products prepared for sale, and that all such articles prepared on a custom basis, or any containers or packages containing such articles, are plainly marked “Not for Sale” immediately after being prepared and kept so identified until delivered to the owner and that the establishment conducting the custom operation is maintained and operated in a sanitary manner.
(b) Territorial exemption; refusal, withdrawal, or modification The Secretary may, under such sanitary conditions as he may by regulations prescribe, exempt from the inspection requirements of this subchapter the slaughter of animals, and the preparation of carcasses, parts thereof, meat and meat food products, by any person, firm, or corporation in any Territory not organized with a legislative body solely for distribution within such Territory when the Secretary determines that it is impracticable to provide such inspection within the limits of funds appropriated for administration of this chapter and that such exemption will otherwise facilitate enforcement of this chapter. The Secretary may refuse, withdraw, or modify any exemption under this subsection in his discretion whenever he determines such action is necessary to effectuate the purposes of this chapter.
(c) Pizzas containing meat food products (1) Under such terms and conditions as the Secretary shall prescribe through rules and regulations issued under section 624 of this title that may be necessary to ensure food safety and protect public health such as special handling procedures, the Secretary shall exempt pizzas containing a meat food product from the inspection requirements of this chapter if—
(A) the meat food product components of the pizzas have been prepared, inspected, and passed in a cured or cooked form as ready-to-eat in compliance with the requirements of this chapter; and
(B) the pizzas are to be served in public or private nonprofit institutions.
(2) The Secretary may withdraw or modify any exemption under this subsection whenever the Secretary determines such action is necessary to ensure food safety and to protect public health. The Secretary may reinstate or further modify any exemption withdrawn or modified under this subsection.
(d) Adulteration and misbranding provisions applicable to inspection-free articles The adulteration and misbranding provisions of this subchapter, other than the requirement of the inspection legend, shall apply to articles which are exempted from inspection or not required to be inspected under this section.
(Mar. 4, 1907, ch. 2907, title I, § 23, formerly 21st, 22nd pars., 34 Stat. 1265; June 29, 1938, ch. 810, 52 Stat. 1235; renumbered § 23 and amended Pub. L. 90201, §§ 1, 11, Dec. 15, 1967, 81 Stat. 584, 591; Pub. L. 91342, July 18, 1970, 84 Stat. 438; Pub. L. 102237, title X, § 1016(a), Dec. 13, 1991, 105 Stat. 1902.)
## Notes
Editorial Notes
Codification Section was formerly classified to sections 91 and 92 of this title.
Amendments1991—Subsecs. (c), (d). Pub. L. 102237 added subsec. (c) and redesignated former subsec. (c) as (d). 1970—Subsec. (a). Pub. L. 91342 changed proviso so as to permit custom slaughterers to conduct a separate inspected meat business, continued the exemption for owners to slaughter and process their own animals for their own use, authorized the Secretary to exempt custom slaughtering and processing performed by an inspected establishment, and required that custom slaughtered articles be clearly marked “not for sale”. 1967—Pub. L. 90201, § 11, substituted provisions for personal, custom, and territorial slaughtering exemptions and for application of adulteration and misbranding provisions to inspection-free articles for farmer definition and retail butcher and retail dealer exemption provisions. 1938—Act June 29, 1948, amended section generally.
Statutory Notes and Related Subsidiaries
Effective Date of 1967 AmendmentAmendment by Pub. L. 90201 effective upon expiration of sixty days after Dec. 15, 1967, see section 20(c) of Pub. L. 90201, set out as an Effective Date note under section 601 of this title.
RegulationsSecretary to issue final rules no later than Aug. 1, 1992, to implement exemption authorized by subsec. (c) of this section, see section 1016(c) of Pub. L. 102237, set out as a note under section 464 of this title.
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# 21 U.S.C. § 624 - Storage and handling regulations; violations; exemption of establishments subject to non-Federal jurisdiction
## Text
The Secretary may by regulations prescribe conditions under which carcasses, parts of carcasses, meat, and meat food products of cattle, sheep, swine, goats, horses, mules, or other equines, capable of use as human food, shall be stored or otherwise handled by any person, firm, or corporation engaged in the business of buying, selling, freezing, storing, or transporting, in or for commerce, or importing, such articles, whenever the Secretary deems such action necessary to assure that such articles will not be adulterated or misbranded when delivered to the consumer. Violation of any such regulation is prohibited. However, such regulations shall not apply to the storage or handling of such articles at any retail store or other establishment in any State or organized Territory that would be subject to this section only because of purchases in commerce, if the storage and handling of such articles at such establishment is regulated under the laws of the State or Territory in which such establishment is located, in a manner which the Secretary, after consultation with the appropriate advisory committee provided for in section 661 of this title, determines is adequate to effectuate the purposes of this section.
(Mar. 4, 1907, ch. 2907, title I, § 24, as added Pub. L. 90201, § 13, Dec. 15, 1967, 81 Stat. 593.)
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# 21 U.S.C. § 625 - Inapplicability of certain requirements to catfish
## Text
Notwithstanding any other provision of this chapter, the requirements of sections 603, 604, 605, 610(b), and 623 of this title shall not apply to any fish described in section 601(w)(2) of this title.
(Mar. 4, 1907, ch. 2907, title I, § 25, as added Pub. L. 110234, title XI, § 11016(b)(1)(C), May 22, 2008, 122 Stat. 1369, and Pub. L. 110246, § 4(a), title XI, § 11016(b)(1)(C), June 18, 2008, 122 Stat. 1664, 2131; amended Pub. L. 11379, title XII, § 12106(a)(3), Feb. 7, 2014, 128 Stat. 981.)
## Notes
Editorial Notes
Codification Pub. L. 110234 and Pub. L. 110246 enacted identical sections. Pub. L. 110234 was repealed by section 4(a) of Pub. L. 110246.
Amendments2014—Pub. L. 11379 substituted “not apply to any fish described in section 601(w)(2) of this title.” for “not apply to catfish.”
Statutory Notes and Related Subsidiaries
Effective Date of 2014 AmendmentAmendment by Pub. L. 11379 effective as if enacted as part of section 11016(b) of Pub. L. 110246, see section 12106(c) of Pub. L. 11379, set out as a note under section 601 of this title.
Effective DateEnactment of this section and repeal of Pub. L. 110234 by Pub. L. 110246 effective May 22, 2008, the date of enactment of Pub. L. 110234, except as otherwise provided, see section 4 of Pub. L. 110246, set out as a note under section 8701 of Title 7, Agriculture.
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# 21 U.S.C. § 626 - Purchase of tags, labels, stamps, and certificates
## Text
The Secretary of Agriculture is authorized to expend appropriations for meat inspection for the purchase of printed tags, labels, stamps, and certificates without regard to existing laws applicable to public printing.
(Sept. 21, 1944, ch. 412, title I, § 101(f), 58 Stat. 734.)
## Notes
Editorial Notes
Codification Section was formerly classified to section 431 of Title 7, Agriculture, prior to editorial reclassification and renumbering as this section. Section was enacted as part of the Department of Agriculture Organic Act of 1944, and not as part of the Federal Meat Inspection Act which is classified to subchapters I to IVA of this chapter.
Statutory Notes and Related Subsidiaries
Authorization of AppropriationAuthorization of appropriation of sums necessary for the purposes of this section, see note under section 395 of Title 7, Agriculture.
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# 21 U.S.C. § 641 - Prohibition of subchapter I inspection of articles not intended for use as human food; de­naturation or other identification prior to distribution in commerce; inedible articles
## Text
Inspection shall not be provided under subchapter I of this chapter at any establishment for the slaughter of cattle, sheep, swine, goats, horses, mules, or other equines, or the preparation of any carcasses or parts or products of such animals, which are not intended for use as human food, but such articles shall, prior to their offer for sale or transportation in commerce, unless naturally inedible by humans, be denatured or otherwise identified as prescribed by regulations of the Secretary to deter their use for human food. No person, firm, or corporation shall buy, sell, transport, or offer for sale or transportation, or receive for transportation, in commerce, or import, any carcasses, parts thereof, meat or meat food products of any such animals, which are not intended for use as human food unless they are denatured or otherwise identified as required by the regulations of the Secretary or are naturally inedible by humans.
(Mar. 4, 1907, ch. 2907, title II, § 201, as added Pub. L. 90201, § 14, Dec. 15, 1967, 81 Stat. 593.)
## Notes
Statutory Notes and Related Subsidiaries
Effective DateSubchapter effective Dec. 15, 1967, see section 20 of Pub. L. 90201, set out as a note under section 601 of this title.
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# 21 U.S.C. § 642 - Recordkeeping requirements
## Text
(a) Classes of persons bound; scope of disclosure; access to places of business; examination of rec­ords, facilities, and inventories; copies; samples The following classes of persons, firms, and corporations shall keep such records as will fully and correctly disclose all transactions involved in their businesses; and all persons, firms, and corporations subject to such requirements shall, at all reasonable times upon notice by a duly authorized representative of the Secretary, afford such representative access to their places of business and opportunity to examine the facilities, inventory, and records thereof, to copy all such records, and to take reasonable samples of their inventory upon payment of the fair market value therefor—
(1) Any persons, firms, or corporations that engage, for commerce, in the business of slaughtering any cattle, sheep, swine, goats, horses, mules, or other equines, or preparing, freezing, packaging, or labeling any carcasses, or parts or products of carcasses, of any such animals, for use as human food or animal food;
(2) Any persons, firms, or corporations that engage in the business of buying or selling (as meat brokers, wholesalers or otherwise), or transporting in commerce, or storing in or for commerce, or importing, any carcasses, or parts or products of carcasses, of any such animals;
(3) Any persons, firms, or corporations that engage in business, in or for commerce, as renderers, or engage in the business of buying, selling, or transporting, in commerce, or importing, any dead, dying, disabled, or diseased cattle, sheep, swine, goats, horses, mules, or other equines, or parts of the carcasses of any such animals that died otherwise than by slaughter.
(b) Period of maintenance Any record required to be maintained by this section shall be maintained for such period of time as the Secretary may by regulations prescribe.
(Mar. 4, 1907, ch. 2907, title II, § 202, as added Pub. L. 90201, § 14, Dec. 15, 1967, 81 Stat. 593.)
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# 21 U.S.C. § 643 - Registration of business, name of person, and trade names
## Text
No person, firm, or corporation shall engage in business, in or for commerce, as a meat broker, renderer, or animal food manufacturer, or engage in business in commerce as a wholesaler of any carcasses, or parts or products of the carcasses, of any cattle, sheep, swine, goats, horses, mules, or other equines, whether intended for human food or other purposes, or engage in business as a public warehouseman storing any such articles in or for commerce, or engage in the business of buying, selling, or transporting in commerce, or importing, any dead, dying, disabled, or diseased animals of the specified kinds, or parts of the carcasses of any such animals that died otherwise than by slaughter, unless, when required by regulations of the Secretary, he has registered with the Secretary his name, and the address of each place of business at which, and all trade names under which, he conducts such business.
(Mar. 4, 1907, ch. 2907, title II, § 203, as added Pub. L. 90201, § 14, Dec. 15, 1967, 81 Stat. 594.)
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# 21 U.S.C. § 644 - Regulation of transactions, transportation, or importation of 4D animals to prevent use as human food
## Text
No person, firm, or corporation engaged in the business of buying, selling, or transporting in commerce, or importing, dead, dying, disabled, or diseased animals, or any parts of the carcasses of any animals that died otherwise than by slaughter, shall buy, sell, transport, offer for sale or transportation, or receive for transportation, in commerce, or import, any dead, dying, disabled, or diseased cattle, sheep, swine, goats, horses, mules or other equines, or parts of the carcasses of any such animals that died otherwise than by slaughter, unless such transaction, transportation or importation is made in accordance with such regulations as the Secretary may prescribe to assure that such animals, or the unwholesome parts or products thereof, will be prevented from being used for human food purposes.
(Mar. 4, 1907, ch. 2907, title II, § 204, as added Pub. L. 90201, § 14, Dec. 15, 1967, 81 Stat. 594.)
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# 21 U.S.C. § 645 - Federal provisions applicable to State or Territorial business transactions of a local nature and not subject to local authority
## Text
The authority conferred on the Secretary by section 642, 643, or 644 of this title with respect to persons, firms, and corporations engaged in the specified kinds of business in or for commerce may be exercised with respect to persons, firms, or corporations engaged, in any State or organized Territory, in such kinds of business but not in or for commerce, whenever the Secretary determines, after consultation with an appropriate advisory committee provided for in section 661 of this title, that the State or territory does not have at least equal authority under its laws or such authority is not exercised in a manner to effectuate the purposes of this chapter including the State providing for the Secretary or his representative being afforded access to such places of business and the facilities, inventories, and records thereof, and the taking of reasonable samples, where he determines necessary in carrying out his responsibilities under this chapter; and in such case the provisions of section 642, 643, or 644 of this title, respectively, shall apply to such persons, firms, and corporations to the same extent and in the same manner as if they were engaged in such business in or for commerce and the transactions involved were in commerce.
(Mar. 4, 1907, ch. 2907, title II, § 205, as added Pub. L. 90201, § 14, Dec. 15, 1967, 81 Stat. 594.)
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# 21 U.S.C. § 661 - Federal and State cooperation
## Text
(a) Congressional statement of policy It is the policy of the Congress to protect the consuming public from meat and meat food products that are adulterated or misbranded and to assist in efforts by State and other Government agencies to accomplish this objective. In furtherance of this policy—
(1) Development and administration of State meat inspection program equal to subchapter I ante and post mortem inspection, reinspection, and sanitation requirements The Secretary is authorized, whenever he determines that it would effectuate the purposes of this chapter, to cooperate with the appropriate State agency in developing and administering a State meat inspection program in any State which has enacted a State meat inspection law that imposes mandatory ante mortem and post mortem inspection, reinspection and sanitation requirements that are at least equal to those under subchapter I of this chapter, with respect to all or certain classes of persons engaged in the State in slaughtering cattle, sheep, swine, goats, or equines, or preparing the carcasses, parts thereof, meat or meat food products, of any such animals for use as human food solely for distribution within such State.
(2) Development and administration of State program with authorities equal to subchapter II authorities; cooperation with Federal agencies The Secretary is further authorized, whenever he determines that it would effectuate the purposes of this chapter, to cooperate with appropriate State agencies in developing and administering State programs under State laws containing authorities at least equal to those provided in subchapter II of this chapter; and to cooperate with other agencies of the United States in carrying out any provisions of this chapter.
(3) Scope of cooperation: advisory assistance, technical and laboratory assistance and training, and financial and other aid; limitation on amount; equitable allocation of Federal funds; adequacy of State program to obtain Federal cooperation and payments Cooperation with State agencies under this section may include furnishing to the appropriate State agency (i) advisory assistance in planning and otherwise developing an adequate State program under the State law; and (ii) technical and laboratory assistance and training (including necessary curricular and instructional materials and equipment), and financial and other aid for administration of such a program. The amount to be contributed to any State by the Secretary under this section from Federal funds for any year shall not exceed 50 per centum of the estimated total cost of the cooperative program; and the Federal funds shall be allocated among the States desiring to cooperate on an equitable basis. Such cooperation and payment shall be contingent at all times upon the administration of the State program in a manner which the Secretary, in consultation with the appropriate advisory committee appointed under paragraph (4), deems adequate to effectuate the purposes of this section.
(4) Advisory committees The Secretary may appoint advisory committees consisting of such representatives of appropriate State agencies as the Secretary and the State agencies may designate to consult with him concerning State and Federal programs with respect to meat inspection and other matters within the scope of this chapter, including evaluating State programs for purposes of this chapter and obtaining better coordination and more uniformity among the State programs and between the Federal and State programs and adequate protection of consumers.
(b) Single State agency; subordinate governmental unit as part of State agency The appropriate State agency with which the Secretary may cooperate under this chapter shall be a single agency in the State which is primarily responsible for the coordination of the State programs having objectives similar to those under this chapter. When the State program includes performance of certain functions by a municipality or other subordinate governmental unit, such unit shall be deemed to be a part of the State agency for purposes of this section.
(c) State meat inspection requirements (1) Notice to Governor of nondevelopment or nonenforcement; designation of State as subject to subchapters I and IV; delay and revocation of designation; publication in Federal Register; notice of production of adulterated meat or meat food products; designation of State If the Secretary has reason to believe, by thirty days prior to the expiration of two years after December 15, 1967, that a State has failed to develop or is not enforcing, with respect to all establishments within its jurisdiction (except those that would be exempted from Federal inspection under subparagraph (2)) at which cattle, sheep, swine, goats, or equines are slaughtered, or their carcasses, or parts or products thereof, are prepared for use as human food, solely for distribution within such State, and the products of such establishments, requirements at least equal to those imposed under subchapter I and IV of this chapter, he shall promptly notify the Governor of the State of this fact. If the Secretary determines, after consultation with the Governor of the State, or representative selected by him, that such requirements have not been developed and activated, he shall promptly after the expiration of such two-year period designate such State as one in which the provisions of subchapters I and IV of this chapter shall apply to operations and transactions wholly within such State: Provided, That if the Secretary has reason to believe that the State will activate such requirements within one additional year, he may delay such designation for said period, and not designate the State, if he determines at the end of the year that the State then has such requirements in effective operation. The Secretary shall publish any such designation in the Federal Register and, upon the expiration of thirty days after such publication, the provisions of subchapters I and IV shall apply to operations and transactions and to persons, firms, and corporations engaged therein in the State to the same extent and in the same manner as if such operations and transactions were conducted in or for commerce. Thereafter, upon request of the Governor, the Secretary shall revoke such designation if the Secretary determines that such State has developed and will enforce requirements at least equal to those imposed under subchapter I and subchapter IV of this chapter: And provided further, That, notwithstanding any other provision of this section, if the Secretary determines that any establishment within a State is producing adulterated meat or meat food products for distribution within such State which would clearly endanger the public health he shall notify the Governor of the State and the appropriate Advisory Committee provided by section 661 of this title of such fact for effective action under State or local law. If the State does not take action to prevent such endangering of the public health within a reasonable time after such notice, as determined by the Secretary, in light of the risk to public health, the Secretary may forthwith designate any such establishment as subject to the provisions of subchapters I and IV of this chapter, and thereupon the establishment and operator thereof shall be subject to such provisions as though engaged in commerce until such time as the Secretary determines that such State has developed and will enforce requirements at least equal to those imposed under subchapter I and subchapter IV of this chapter.
(2) Exemptions of retail stores, restaurants, and similar retail-type establishments; operations conducted at a restaurant central kitchen facility The provisions of this chapter requiring inspection of the slaughter of animals and the preparation of carcasses, parts thereof, meat and meat food products shall not apply to operations of types traditionally and usually conducted at retail stores and restaurants, when conducted at any retail store or restaurant or similar retail-type establishment for sale in normal retail quantities or service of such articles to consumers at such establishments if such establishments are subject to such inspection provisions only under this paragraph (c). For the purposes of this subparagraph, operations conducted at a restaurant central kitchen facility shall be considered as being conducted at a restaurant if the restaurant central kitchen prepares meat or meat food products that are ready to eat when they leave such facility and are served in meals or as entrees only to customers at restaurants owned or operated by the same person, firm, or corporation owning or operating such facility: Provided, That such facility shall be subject to the provisions of section 642 of this title: Provided further, That the facility may be subject to the inspection requirements under subchapter I of this chapter for as long as the Secretary deems necessary, if the Secretary determines that the sanitary conditions or practices of the facility or the processing procedures or methods at the facility are such that any of its meat or meat food products are rendered adulterated.
(3) Termination of designation of State upon development and enforcement of minimum requirements; redesignation; designation for nonenforcement of minimum requirements: notice and publication in Federal Register Whenever the Secretary determines that any State designated under this paragraph (c) has developed and will enforce State meat inspection requirements at least equal to those imposed under subchapters I and IV, with respect to the operations and transactions within such State which are regulated under paragraph (1), he shall terminate the designation of such State under this paragraph (c), but this shall not preclude the subsequent redesignation of the State at any time upon thirty days notice to the Governor and publication in the Federal Register in accordance with this paragraph, and any State may be designated upon such notice and publication at any time after the period specified in this paragraph whether or not the State has theretofore been designated upon the Secretary determining that it is not effectively enforcing requirements at least equal to those imposed under subchapters I and IV.
(4) Periodic review; report to Congressional committees The Secretary shall promptly upon December 15, 1967, and periodically thereafter, but at least annually, review the requirements, including the enforcement thereof, of the several States not designated under this paragraph (c), with respect to the slaughter, and the preparation, storage, handling and distribution of carcasses, parts thereof, meat and meat food products, of such animals, and inspection of such operations and annually report thereon to the Committee on Agriculture of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate in the report required under section 691 11 See References in Text note below. of this title.
(d) “State” defined As used in this section, the term “State” means any State (including the Commonwealth of Puerto Rico) or organized Territory.
(Mar. 4, 1907, ch. 2907, title III § 301, as added Pub. L. 90201, § 15, Dec. 15, 1967, 81 Stat. 595; amended Pub. L. 98487, § 1, Oct. 17, 1984, 98 Stat. 2264; Pub. L. 103437, § 8(2), Nov. 2, 1994, 108 Stat. 4588.)
## Notes
Editorial Notes
References in TextSection 691 of this title, referred to in subsec. (c)(4), was omitted from the Code.
Codification In subsec. (c)(1), (4), “December 15, 1967” substituted for “enactment of the Wholesome Meat Act”.
Amendments1994—Subsec. (c)(4). Pub. L. 103437 substituted “Agriculture, Nutrition, and Forestry” for “Agriculture and Forestry”. 1984—Subsec. (c)(2). Pub. L. 98487 inserted provisions relating to operations conducted at a restaurant central kitchen facility.
Statutory Notes and Related Subsidiaries
Effective DateSection effective Dec. 15, 1967, see section 20 of Pub. L. 90201, set out as a note under section 601 of this title.
Termination of Advisory CommitteesAdvisory committees in existence on Jan. 5, 1973, to terminate not later than the expiration of the 2-year period following Jan. 5, 1973, and advisory committees established after Jan. 5, 1973, to terminate not later than the expiration of the 2-year period beginning on the date of their establishment, unless in the case of a committee established by the President or an officer of the Federal Government, such committee is renewed by appropriate action prior to the expiration of such 2-year period, or in the case of a committee established by Congress, its duration is otherwise provided by law. See section 1013 of Title 5, Government Organization and Employees.
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# 21 U.S.C. § 671 - Inspection services; refusal or withdrawal; hearing; business unfitness based upon certain convictions; other provisions for withdrawal of services unaffected; responsible connection with business; finality of Secretarys actions; judicial review; record
## Text
The Secretary may (for such period, or indefinitely, as he deems necessary to effectuate the purposes of this chapter) refuse to provide, or withdraw, inspection service under subchapter I of this chapter with respect to any establishment if he determines, after opportunity for a hearing is accorded to the applicant for, or recipient of, such service, that such applicant or recipient is unfit to engage in any business requiring inspection under subchapter I because the applicant or recipient, or anyone responsibly connected with the applicant or recipient, has been convicted, in any Federal or State court, of (1) any felony, or (2) more than one violation of any law, other than a felony, based upon the acquiring, handling, or distributing of unwholesome, mislabeled, or deceptively packaged food or upon fraud in connection with transactions in food. This section shall not affect in any way other provisions of this chapter for withdrawal of inspection services under subchapter I from establishments failing to maintain sanitary conditions or to destroy condemned carcasses, parts, meat or meat food products. For the purpose of this section a person shall be deemed to be responsibly connected with the business if he was a partner, officer, director, holder, or owner of 10 per centum or more of its voting stock or employee in a managerial or executive capacity. The determination and order of the Secretary with respect thereto under this section shall be final and conclusive unless the affected applicant for, or recipient of, inspection service files application for judicial review within thirty days after the effective date of such order in the appropriate court as provided in section 674 of this title. Judicial review of any such order shall be upon the record upon which the determination and order are based.
(Mar. 4, 1907, ch. 2907, title IV, § 401, as added Pub. L. 90201, § 16, Dec. 15, 1967, 81 Stat. 597; amended Pub. L. 99641, title IV, § 403(b), Nov. 10, 1986, 100 Stat. 3568.)
## Notes
Editorial Notes
Amendments1986—Subsec. (a). Pub. L. 99641, § 403(b)(1), (2)(B), (C), temporarily designated provisions which related to authority to refuse or withdraw inspection service as subsec. (a), struck out “any felony, or (2)” after “of (1)”, and inserted “or (2) any felony” after “transactions in food”. See Effective and Termination Dates of 1986 Amendment note below. Pub. L. 99641, § 403(b)(2)(A), which directed that subsec. (a) be amended by substituting “applicant for” for “applicant, for”, could not be executed because “applicant, for” does not appear. Subsecs. (b) to (e). Pub. L. 99641, § 403(b)(6), temporarily added subsecs. (b) to (e). See Effective and Termination Dates of 1986 Amendment note below. Subsec. (f). Pub. L. 99641, § 403(b)(3), temporarily designated provisions which related to other provisions for withdrawal of inspection services as subsec. (f). See Effective and Termination Dates of 1986 Amendment note below. Subsec. (g). Pub. L. 99641, § 403(b)(4), temporarily designated provisions which related to responsible connection with business as subsec. (g). See Effective and Termination Dates of 1986 Amendment note below. Subsec. (h). Pub. L. 99641, § 403(b)(5), temporarily designated provisions which related to finality of determination by Secretary and to judicial review as subsec. (h), substituted “Except as provided in subsection (e)(2) of this section, the determination” for “The determination” and “subsection (e) of this section” for “this section”. See Effective and Termination Dates of 1986 Amendment note below.
Statutory Notes and Related Subsidiaries
Effective and Termination Dates of 1986 AmendmentPub. L. 99641, title IV, § 403(b), Nov. 10, 1986, 100 Stat. 3568, provided that the amendment made by that section is effective only during the 6-year period beginning Nov. 10, 1986.
Effective DateSubchapter effective Dec. 15, 1967, see section 20 of Pub. L. 90201, set out as a note under section 601 of this title.
Construction and Effect of Amendments by Pub. L. 99641For provisions relating to construction and effect of temporary amendments by section 403 of Pub. L. 99641, see sections 403(e) and 404 of Pub. L. 99641, set out as notes entitled “Inspection Services for Establishments Not Participating in Total Plant Quality-Control Program” and “Savings Provision”, respectively, under section 609 of this title.
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# 21 U.S.C. § 672 - Administrative detention; duration; pending judicial proceedings; notification of governmental authorities; release
## Text
Whenever any carcass, part of a carcass, meat or meat food product of cattle, sheep, swine, goats, horses, mules, or other equines, or any product exempted from the definition of a meat food product, or any dead, dying, disabled, or diseased cattle, sheep, swine, goat, or equine is found by any authorized representative of the Secretary upon any premises where it is held for purposes of, or during or after distribution in, commerce or otherwise subject to subchapter I or II of this chapter, and there is reason to believe that any such article is adulterated or misbranded and is capable of use as human food, or that it has not been inspected, in violation of the provisions of subchapter I of this chapter or of any other Federal law or the laws of any State or Territory, or the District of Columbia, or that such article or animal has been or is intended to be, distributed in violation of any such provisions, it may be detained by such representative for a period not to exceed twenty days, pending action under section 673 of this title or notification of any Federal, State, or other governmental authorities having jurisdiction over such article or animal, and shall not be moved by any person, firm, or corporation from the place at which it is located when so detained, until released by such representative. All official marks may be required by such representative to be removed from such article or animal before it is released unless it appears to the satisfaction of the Secretary that the article or animal is eligible to retain such marks.
(Mar. 4, 1907, ch. 2907, title IV, § 402, as added Pub. L. 90201, § 16, Dec. 15, 1967, 81 Stat. 598.)
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# 21 U.S.C. § 673 - Seizure and condemnation
## Text
(a) Proceedings in rem; libel of information; jurisdiction; disposal by destruction or sale; proceeds into the Treasury; sales restrictions; bond; court costs and fees, storage, and other expenses against claimants; proceedings in admiralty; jury trial; United States as plaintiff (1) Any carcass, part of a carcass, meat or meat food product of cattle, sheep, swine, goats, horses, mules or other equines, or any dead, dying, disabled, or diseased cattle, sheep, swine, goat, or equine, that is being transported in commerce or otherwise subject to subchapter I or II of this chapter, or is held for sale in the United States after such transportation, and that (A) is or has been prepared, sold, transported, or otherwise distributed or offered or received for distribution in violation of this chapter, or (B) is capable of use as human food and is adulterated or misbranded, or (C) in any other way is in violation of this chapter, shall be liable to be proceeded against and seized and condemned, at any time, on a libel of information in any United States district court or other proper court as provided in section 674 of this title within the jurisdiction of which the article or animal is found.
(2) If the article or animal is condemned it shall, after entry of the decree, (A) be distributed in accordance with paragraph (5), or (B) be disposed of by destruction or sale as the court may direct and the proceeds, if sold, less the court costs and fees, and storage and other proper expenses, shall be paid into the Treasury of the United States, but the article or animal shall not be sold contrary to the provisions of this chapter, or the laws of the jurisdiction in which it is sold: Provided, That upon the execution and delivery of a good and sufficient bond conditioned that the article or animal shall not be sold or otherwise disposed of contrary to the provisions of this chapter, or the laws of the jurisdiction in which disposal is made, the court may direct that such article or animal be delivered to the owner thereof subject to such supervision by authorized representatives of the Secretary as is necessary to insure compliance with the applicable laws.
(3) When a decree of condemnation is entered against the article or animal and it is released under bond, or destroyed, court costs and fees, and storage and other proper expenses shall be awarded against the person, if any, intervening as claimant of the article or animal.
(4) The proceedings in such libel cases shall conform, as nearly as may be, to the proceedings in admiralty, except that either party may demand trial by jury of any issue of fact joined in any case, and all such proceedings shall be at the suit of and in the name of the United States.
(5) (A) An article that is condemned under paragraph (1) may as the court may direct, after entry of the decree, be distributed without charge to nonprofit, private entities or to Federal, State, or local government entities engaged in the distribution of food without charge to individuals, if such article—
(i) has been inspected under this chapter and found to be wholesome and not to be adulterated within the meaning of paragraphs (1) through (7) and (9) of section 601(m) of this title and a determination is made at the time of the entry of the decree that such article is wholesome and not so adulterated; and
(ii) is plainly marked “Not for Sale” on such article or its container.
(B) The United States may not be held legally responsible for any article that is distributed under subparagraph (A) to a nonprofit, private entity or to a Federal, State, or local government entity, if such article—
(i) was found after inspection under this chapter to be wholesome and not adulterated within the meaning of paragraphs (1) through (7) and (9) of section 601(m) of this title and a determination was made at the time of the entry of the decree that such article was wholesome and not so adulterated; and
(ii) was plainly marked “Not for Sale” on such article or its container.
(C) The person from whom such article was seized and condemned may not be held legally responsible for such article, if such article—
(i) was found after inspection under this chapter to be wholesome and not adulterated within the meaning of paragraphs (1) through (7) and (9) of section 601(m) of this title and a determination was made at the time of the entry of the decree that such article was wholesome and not so adulterated; and
(ii) was plainly marked “Not for Sale” on such article or its container.
(b) Condemnation or seizure under other provisions unaffected The provisions of this section shall in no way derogate from authority for condemnation or seizure conferred by other provisions of this chapter, or other laws.
(Mar. 4, 1907, ch. 2907, title IV, § 403, as added Pub. L. 90201, § 16, Dec. 15, 1967, 81 Stat. 598; amended Pub. L. 101205, § 1, Dec. 7, 1989, 103 Stat. 1829.)
## Notes
Editorial Notes
Amendments1989—Subsec. (a). Pub. L. 101205 designated first sentence as par. (1) and redesignated cls. (1) to (3) as cls. (A) to (C), respectively, designated second sentence as par. (2) and inserted “(A) to be distributed in accordance with paragraph (5), or (B)” after “entry of the decree,”, designated third and fourth sentences as pars. (3) and (4), respectively, and added par. (5).
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# 21 U.S.C. § 674 - Federal court jurisdiction of enforcement and injunction proceedings and other kinds of cases; limitations of section 607(e) of this title
## Text
The United States district courts, the District Court of Guam, the District Court of the Virgin Islands, the highest court of American Samoa, and the United States courts of the other Territories, are vested with jurisdiction specifically to enforce, and to prevent and restrain violations of, this chapter, and shall have jurisdiction in all other kinds of cases arising under this chapter, except as provided in section 607(e) of this title.
(Mar. 4, 1907, ch. 2907, title IV, § 404, as added Pub. L. 90201, § 16, Dec. 15, 1967, 81 Stat. 599.)
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# 21 U.S.C. § 675 - Assaulting, resisting, or impeding certain persons; murder; protection of such persons
## Text
Any person who forcibly assaults, resists, opposes, impedes, intimidates, or interferes with any person while engaged in or on account of the performance of his official duties under this chapter shall be fined not more than $5,000 or imprisoned not more than three years, or both. Whoever, in the commission of any such acts, uses a deadly or dangerous weapon, shall be fined not more than $10,000 or imprisoned not more than ten years, or both. Whoever kills any person while engaged in or on account of the performance of his official duties under this chapter shall be punished as provided under sections 1111 and 1114 of title 18.
(Mar. 4, 1907, ch. 2907, title IV, § 405, as added Pub. L. 90201, § 16, Dec. 15, 1967, 81 Stat. 599.)
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# 21 U.S.C. § 676 - Violations
## Text
(a) Misdemeanors; felonies: intent to defraud and distribution of adulterated articles; good faith Any person, firm, or corporation who violates any provision of this chapter for which no other criminal penalty is provided by this chapter shall upon conviction be subject to imprisonment for not more than one year, or a fine of not more than $1,000, or both such imprisonment and fine; but if such violation involves intent to defraud, or any distribution or attempted distribution of an article that is adulterated (except as defined in section 601(m)(8) of this title), such person, firm, or corporation shall be subject to imprisonment for not more than three years or a fine of not more than $10,000, or both: Provided, That no person, firm, or corporation, shall be subject to penalties under this section for receiving for transportation any article or animal in violation of this chapter if such receipt was made in good faith, unless such person, firm, or corporation refuses to furnish on request of a representative of the Secretary the name and address of the person from whom he received such article or animal, and copies of all documents, if any there be, pertaining to the delivery of the article or animal to him.
(b) Minor violations; written notice of warning of criminal and civil proceedings Nothing in this chapter shall be construed as requiring the Secretary to report for prosecution or for the institution of libel or injunction proceedings, minor violations of this chapter whenever he believes that the public interest will be adequately served by a suitable written notice of warning.
(Mar. 4, 1907, ch. 2907, title IV, § 406, as added Pub. L. 90201, § 16, Dec. 15, 1967, 81 Stat. 599; amended Pub. L. 99641, title IV, § 403(c), Nov. 10, 1986, 100 Stat. 3570.)
## Notes
Editorial Notes
Amendments1986—Subsec. (b). Pub. L. 99641, § 403(c)(1), temporarily inserted provisions which related to factors required to be considered by Secretary in determining whether public interest is served by written notice of warning. See Effective and Termination Dates of 1986 Amendment note below. Subsec. (c). Pub. L. 99641, § 403(c)(2), temporarily added subsec. (c). See Effective and Termination Dates of 1986 Amendment note below.
Statutory Notes and Related Subsidiaries
Effective and Termination Dates of 1986 AmendmentPub. L. 99641, title IV, § 403(c), Nov. 10, 1986, 100 Stat. 3570, provided that the amendment made by that section is effective only during the 6-year period beginning Nov. 10, 1986.
Construction and Effect of Amendments by Pub. L. 99641For provisions relating to construction and effect of temporary amendments by section 403 of Pub. L. 99641, see sections 403(e) and 404 of Pub. L. 99641, set out as notes entitled “Inspection Services for Establishments Not Participating in Total Plant Quality-Control Program” and “Savings Provision”, respectively, under section 609 of this title.
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# 21 U.S.C. § 677 - Other Federal laws applicable for administration and enforcement of chapter; location of inquiries; jurisdiction of Federal courts
## Text
For the efficient administration and enforcement of this chapter, the provisions (including penalties) of sections 46, 48, 49 and 50 of title 15 (except paragraphs (c) through (h) of section 46 and the last paragraph of section 49 11 See References in Text note below. of title 15), and the provisions of section 409(l) 1 of title 47; are made applicable to the jurisdiction, powers, and duties of the Secretary in administering and enforcing the provisions of this chapter and to any person, firm, or corporation with respect to whom such authority is exercised. The Secretary, in person or by such agents as he may designate, may prosecute any inquiry necessary to his duties under this chapter in any part of the United States, and the powers conferred by said sections 49 and 50 of title 15 on the district courts of the United States may be exercised for the purposes of this chapter by any court designated in section 674 of this title.
(Mar. 4, 1907, ch. 2907, title IV, § 407, as added Pub. L. 90201, § 16, Dec. 15, 1967, 81 Stat. 599.)
## Notes
Editorial Notes
References in TextThe last paragraph of section 49 of title 15, and the provisions of section 409(l) of title 47, referred to in text, which related to immunity of witnesses, were repealed by sections 211 and 242, respectively, of Pub. L. 91452, Oct. 15, 1970, title II, 84 Stat. 929, 930. For provisions relating to immunity of witnesses, see section 6001 et seq. of Title 18, Crimes and Criminal Procedure.
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# 21 U.S.C. § 678 - Non-Federal jurisdiction of federally regulated matters; prohibition of additional or different requirements for establishments with inspection services and as to marking, labeling, packaging, and ingredients; recordkeeping and related requirements; concurrent jurisdiction over distribution for human food purposes of adulterated or misbranded and imported articles; other matters
## Text
Requirements within the scope of this chapter with respect to premises, facilities and operations of any establishment at which inspection is provided under subchapter I of this chapter, which are in addition to, or different than those made under this chapter may not be imposed by any State or Territory or the District of Columbia, except that any such jurisdiction may impose recordkeeping and other requirements within the scope of section 642 of this title, if consistent therewith, with respect to any such establishment. Marking, labeling, packaging, or ingredient requirements in addition to, or different than, those made under this chapter may not be imposed by any State or Territory or the District of Columbia with respect to articles prepared at any establishment under inspection in accordance with the requirements under subchapter I of this chapter, but any State or Territory or the District of Columbia may, consistent with the requirements under this chapter, exercise concurrent jurisdiction with the Secretary over articles required to be inspected under said subchapter I, for the purpose of preventing the distribution for human food purposes of any such articles which are adulterated or misbranded and are outside of such an establishment, or, in the case of imported articles which are not at such an establishment, after their entry into the United States. This chapter shall not preclude any State or Territory or the District of Columbia from making requirement 11 So in original. Probably should be “requirements”. or taking other action, consistent with this chapter, with respect to any other matters regulated under this chapter.
(Mar. 4, 1907, ch. 2907, title IV, § 408, as added Pub. L. 90201, § 16, Dec. 15, 1967, 81 Stat. 600.)
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# 21 U.S.C. § 679 - Application of Federal Food, Drug, and Cosmetic Act
## Text
(a) Authorities under food, drug, and cosmetic provisions unaffected Notwithstanding any other provisions of law, including section 1002(b) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 392(a)), the provisions of this chapter shall not derogate from any authority conferred by the Federal Food, Drug, and Cosmetic Act [21 U.S.C. 301 et seq.] prior to December 15, 1967.
(b) Enforcement proceedings; detainer authority of representatives of Secretary of Health and Human Services The detainer authority conferred by section 672 of this title shall apply to any authorized representative of the Secretary of Health and Human Services for purposes of the enforcement of the Federal Food, Drug, and Cosmetic Act [21 U.S.C. 301 et seq.] with respect to any carcass, part thereof, meat, or meat food product of cattle, sheep, swine, goats, or equines that is outside any premises at which inspection is being maintained under this chapter, and for such purposes the first reference to the Secretary in section 672 of this title shall be deemed to refer to the Secretary of Health and Human Services.
(Mar. 4, 1907, ch. 2907, title IV, § 409, as added Pub. L. 90201, § 16, Dec. 15, 1967, 81 Stat. 600; amended Pub. L. 9688, title V, § 509(b), Oct. 17, 1979, 93 Stat. 695; Pub. L. 11131, div. A, title I, § 103(o), June 22, 2009, 123 Stat. 1838.)
## Notes
Editorial Notes
References in TextThe Federal Food, Drug, and Cosmetic Act, referred to in subsec. (b), is act June 25, 1938, ch. 675, 52 Stat. 1040, which is classified generally to chapter 9 (§ 301 et seq.) of this title. For complete classification of this Act to the Code, see section 301 of this title and Tables.
Amendments2009—Subsec. (a). Pub. L. 11131 substituted “section 1002(b)” for “section 902(b)”.
Statutory Notes and Related Subsidiaries
Change of Name “Secretary of Health and Human Services” substituted for “Secretary of Health, Education, and Welfare” in subsec. (b) pursuant to section 509(b) of Pub. L. 9688, which is classified to section 3508(b) of Title 20, Education.
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# 21 U.S.C. § 679a - Safe Meat and Poultry Inspection Panel
## Text
(a) Establishment There is established in the Department of Agriculture a permanent advisory panel to be known as the “Safe Meat and Poultry Inspection Panel” (referred to in this section as the “panel”).
(b) Duties (1) Review and evaluation The panel shall review and evaluate, as the panel considers necessary, the adequacy, necessity, safety, cost-effectiveness, and scientific merit of—
(A) inspection procedures of, and work rules and worker relations involving Federal employees employed in, plants inspected under this chapter;
(B) informal petitions or proposals for changes in inspection procedures, processes, and techniques of plants inspected under this chapter;
(C) formal changes in meat inspection regulations promulgated under this chapter, whether in notice, proposed, or final form; and
(D) such other matters as may be referred to the panel by the Secretary regarding the quality or effectiveness of a safe and cost-effective meat inspection system under this chapter.
(2) Reports (A) In general The panel shall submit to the Secretary a report on the results of each review and evaluation carried out under paragraph (1), including such recommendations as the panel considers appropriate.
(B) Reports on formal changes In the case of a report concerning a formal change in meat inspection regulations, the report shall be made within the time limits prescribed for formal comments on such changes.
(C) Publication in Federal Register Each report of the panel to the Secretary shall be published in the Federal Register.
(c) Secretarial response Not later than 90 days after the publication of a panel report under subsection (b)(2)(C), the Secretary shall publish in the Federal Register any response required of the Secretary to the report.
(d) Composition of panel The panel shall be composed of 7 members, not fewer than 5 of whom shall be from the food science, meat science, or poultry science profession, appointed to staggered terms not to exceed 3 years by the Secretary from nominations received from the National Institutes of Health and the Federation of American Societies of Food Animal Science and based on the professional qualifications of the nominees.
(e) Nominations (1) Initial panel In constituting the initial panel, the Secretary shall solicit 6 nominees from the National Institutes of Health and 6 nominees from the Federation of American Societies of Food Animal Science for membership on the panel.
(2) Vacancies Any subsequent vacancy on the panel shall be filled by the Secretary after soliciting 2 nominees from the National Institutes of Health and 2 nominees from the Federation of American Societies of Food Animal Science.
(3) Requirements for nominees (A) In general Each nominee provided under paragraph (1) or (2) shall have a background in public health issues and a scientific expertise in food, meat, or poultry science or in veterinary science.
(B) Submission of information The Secretary may require nominees to submit such information as the Secretary considers necessary prior to completing the selection process.
(4) Additional nominees If any list of nominees provided under paragraph (1) or (2) is unsatisfactory to the Secretary, the Secretary may request the nominating entities to submit an additional list of nominees.
(f) Travel expenses While away from the home or regular place of business of a member of the panel in the performance of services for the panel, the member shall be allowed travel expenses, including per diem in lieu of subsistence, at the same rate as a person employed intermittently in the Government service would be allowed under section 5703 of title 5.
(g) Conflicts of interest The Secretary shall promulgate regulations regarding conflicts of interest with respect to the members of the panel.
(h) Exemption Chapter 10 of title 5 and title XVIII of the Food and Agriculture Act of 1977 (7 U.S.C. 2281 et seq.) shall not apply to the panel.
(i) Funding From funds available to the Secretary to carry out this chapter and the Poultry Products Inspection Act (21 U.S.C. 451 et seq.), the Secretary shall allocate such sums as may be necessary to carry out this section.
(Mar. 4, 1907, ch. 2907, title IV, § 410, as added Pub. L. 104127, title IX, § 918(a)(1)(B), Apr. 4, 1996, 110 Stat. 1188; amended Pub. L. 117286, § 4(a)(161), Dec. 27, 2022, 136 Stat. 4323.)
## Notes
Editorial Notes
References in TextThe Food and Agriculture Act of 1977, referred to in subsec. (h), is Pub. L. 95113, Sept. 29, 1977, 91 Stat. 913. Title XVIII of the Act is classified generally to chapter 55A (§ 2281 et seq.) of Title 7, Agriculture. For complete classification of this Act to the Code, see Short Title of 1977 Amendment note set out under section 1281 of Title 7 and Tables. The Poultry Products Inspection Act, referred to in subsec. (i), is Pub. L. 85172, Aug. 28, 1957, 71 Stat. 441, which is classified generally to chapter 10 (§ 451 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 451 of this title and Tables.
Prior ProvisionsA prior section 410 of act Mar. 4, 1907, was renumbered section 411, and is classified to section 680 of this title.
Amendments2022—Subsec. (h). Pub. L. 117286 substituted “Chapter 10 of title 5” for “The Federal Advisory Committee Act (5 U.S.C. App.)”.
Statutory Notes and Related Subsidiaries
Use of Appropriated FundsFor prohibition of use of funds appropriated by div. A of Pub. L. 113235 or any other Act to carry out this section, see section 741 Pub. L. 113235, set out as a note under section 471 of this title.
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# 21 U.S.C. § 679b - Pasteurization of meat and poultry
## Text
(1) In general Effective beginning not later than 30 days after May 13, 2002, the Secretary of Agriculture shall conduct an education program regarding the availability and safety of processes and treatments that eliminate or substantially reduce the level of pathogens on meat, meat food products, poultry, and poultry products.
(2) Authorization of appropriations There is authorized to be appropriated such sums as are necessary to carry out this section.
(Pub. L. 107171, title X, § 10808(a), May 13, 2002, 116 Stat. 530.)
## Notes
Editorial Notes
Codification Section was enacted as part of the Farm Security and Rural Investment Act of 2002, and not as part of the Federal Meat Inspection Act which is classified to subchapters I to IVA of this chapter.
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# 21 U.S.C. § 679c - Expansion of Food Safety Inspection Service activities
## Text
(a) In general The Secretary of Agriculture may utilize existing authorities to give high priority to enhancing and expanding the capacity of the Food Safety Inspection Service to conduct activities to—
(1) enhance the ability of the Service to inspect and ensure the safety and wholesomeness of meat and poultry products;
(2) improve the capacity of the Service to inspect international meat and meat products, poultry and poultry products, and egg products at points of origin and at ports of entry;
(3) strengthen the ability of the Service to collaborate with relevant agencies within the Department of Agriculture and with other entities in the Federal Government, the States, and Indian tribes (as defined in section 5304(e) of title 25) through the sharing of information and technology; and
(4) otherwise expand the capacity of the Service to protect against the threat of bioterrorism.
(b) Authorization of appropriations There is authorized to be appropriated to carry out this section, $15,000,000 for fiscal year 2002, and such sums as may be necessary for each subsequent fiscal year.
(Pub. L. 107188, title III, § 332, June 12, 2002, 116 Stat. 679.)
## Notes
Editorial Notes
Codification Section was enacted as part of the Public Health Security and Bioterrorism Preparedness and Response Act of 2002, and not as part of the Federal Meat Inspection Act which is classified to subchapters I to IVA of this chapter.
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# 21 U.S.C. § 680 - Authorization of appropriations
## Text
There are hereby authorized to be appropriated such sums as may be necessary to carry out the provisions of this chapter.
(Mar. 4, 1907, ch. 2907, title IV, § 411, formerly § 410, as added Pub. L. 90201, § 16, Dec. 15, 1967, 81 Stat. 600; renumbered § 411, Pub. L. 104127, title IX, § 918(a)(1)(A), Apr. 4, 1996, 110 Stat. 1188.)
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# 21 U.S.C. § 683 - Interstate shipment of meat inspected by Federal and State agencies for certain small establishments
## Text
(a) Definitions (1) Appropriate State agency The term “appropriate State agency” means a State agency described in section 661(b) of this title.
(2) Designated personnel The term “designated personnel” means inspection personnel of a State agency that have undergone all necessary inspection training and certification to assist the Secretary in the administration and enforcement of this chapter, including rules and regulations issued under this chapter.
(3) Eligible establishment The term “eligible establishment” means an establishment that is in compliance with—
(A) the State inspection program of the State in which the establishment is located; and
(B) this chapter, including rules and regulations issued under this chapter.
(4) Meat item The term “meat item” means—
(A) a portion of meat; and
(B) a meat food product.
(5) Selected establishment The term “selected establishment” means an eligible establishment that is selected by the Secretary, in coordination with the appropriate State agency of the State in which the eligible establishment is located, under subsection (b) to ship carcasses, portions of carcasses, and meat items in interstate commerce.
(b) Authority of Secretary to allow shipments (1) In general Subject to paragraph (2), the Secretary, in coordination with the appropriate State agency of the State in which an establishment is located, may select the establishment to ship carcasses, portions of carcasses, and meat items in interstate commerce, and place on each carcass, portion of a carcass, and meat item shipped in interstate commerce a Federal mark, stamp, tag, or label of inspection, if—
(A) the carcass, portion of carcass, or meat item qualifies for the mark, stamp, tag, or label of inspection under the requirements of this chapter;
(B) the establishment is an eligible establishment; and
(C) inspection services for the establishment are provided by designated personnel.
(2) Prohibited establishments In carrying out paragraph (1), the Secretary, in coordination with an appropriate State agency, shall not select an establishment that—
(A) on average, employs more than 25 employees (including supervisory and nonsupervisory employees), as defined by the Secretary;
(B) as of the date of the enactment of this section, ships in interstate commerce carcasses, portions of carcasses, or meat items that are inspected by the Secretary in accordance with this chapter;
(C) (i) is a Federal establishment;
(ii) was a Federal establishment that was reorganized on a later date under the same name or a different name or person by the person, firm, or corporation that controlled the establishment as of the date of the enactment of this section; or
(iii) was a State establishment as of the date of the enactment of this section that—
(I) as of the date of the enactment of this section, employed more than 25 employees; and
(II) was reorganized on a later date by the person, firm, or corporation that controlled the establishment as of the date of the enactment of this section;
(D) is in violation of this chapter;
(E) is located in a State that does not have a State inspection program; or
(F) is the subject of a transition carried out in accordance with a procedure developed by the Secretary under paragraph (3)(A).
(3) Establishments that employ more than 25 employees (A) Development of procedure The Secretary may develop a procedure to transition to a Federal establishment any establishment under this section that, on average, consistently employs more than 25 employees.
(B) Eligibility of certain establishments (i) In general A State establishment that employs more than 25 employees but less than 35 employees as of the date of the enactment of this section may be selected as a selected establishment under this subsection.
(ii) Procedures A State establishment shall be subject to the procedures established under subparagraph (A) beginning on the date that is 3 years after the effective date described in subsection (j).
(c) Reimbursement of State costs The Secretary shall reimburse a State for costs related to the inspection of selected establishments in the State in accordance with Federal requirements in an amount of not less than 60 percent of eligible State costs.
(d) Coordination between Federal and State agencies (1) In general The Secretary shall designate an employee of the Federal Government as State coordinator for each appropriate State agency—
(A) to provide oversight and enforcement of this subchapter; and
(B) to oversee the training and inspection activities of designated personnel of the State agency.
(2) Supervision A State coordinator shall be under the direct supervision of the Secretary.
(3) Duties of State coordinator (A) In general A State coordinator shall visit selected establishments with a frequency that is appropriate to ensure that selected establishments are operating in a manner that is consistent with this chapter (including regulations and policies under this chapter).
(B) Quarterly reports A State coordinator shall, on a quarterly basis, submit to the Secretary a report that describes the status of each selected establishment that is under the jurisdiction of the State coordinator with respect to the level of compliance of each selected establishment with the requirements of this chapter.
(C) Immediate notification requirement If a State coordinator determines that any selected establishment that is under the jurisdiction of the State coordinator is in violation of any requirement of this chapter, the State coordinator shall—
(i) immediately notify the Secretary of the violation; and
(ii) deselect the selected establishment or suspend inspection at the selected establishment.
(4) Performance evaluations Performance evaluations of State coordinators designated under this subsection shall be conducted by the Secretary as part of the Federal agency management control system.
(e) Audits (1) Periodic audits conducted by Inspector General of the Department of Agriculture Not later than 2 years after the effective date described in subsection (j), and not less often than every 3 years thereafter, the Inspector General of the Department of Agriculture shall conduct an audit of each activity taken by the Secretary under this section for the period covered by the audit to determine compliance with this section.
(2) Audit conducted by Comptroller General of the United States Not earlier than 3 years, nor later than 5 years, after the date of the enactment of this section, the Comptroller General of the United States shall conduct an audit of the implementation of this section to determine—
(A) the effectiveness of the implementation of this section; and
(B) the number of selected establishments selected by the Secretary to ship carcasses, portions of carcasses, or meat items under this section.
(f) Technical assistance division (1) Establishment Not later than 180 days after the effective date described in subsection (j), the Secretary shall establish in the Food Safety and Inspection Service of the Department of Agriculture a technical assistance division to coordinate the initiatives of any other appropriate agency of the Department of Agriculture to provide—
(A) outreach, education, and training to very small or certain small establishments (as defined by the Secretary); and
(B) grants to appropriate State agencies to provide outreach, technical assistance, education, and training to very small or certain small establishments (as defined by the Secretary).
(2) Personnel The technical assistance division shall be comprised of individuals that, as determined by the Secretary—
(A) are of a quantity sufficient to carry out the duties of the technical assistance division; and
(B) possess appropriate qualifications and expertise relating to the duties of the technical assistance division.
(g) Transition grants The Secretary may provide grants to appropriate State agencies to assist the appropriate State agencies in helping establishments covered by subchapter III to transition to selected establishments.
(h) Violations Any selected establishment that the Secretary determines to be in violation of any requirement of this chapter shall be transitioned to a Federal establishment in accordance with a procedure developed by the Secretary under subsection (b)(3)(A).
(i) Effect Nothing in this section limits the jurisdiction of the Secretary with respect to the regulation of meat and meat products under this chapter.
(j) Effective date (1) In general This section takes effect on the date on which the Secretary, after providing a period of public comment (including through the conduct of public meetings or hearings), promulgates final regulations to carry out this section.
(2) Requirement Not later than 18 months after the date of the enactment of this section, the Secretary shall promulgate final regulations in accordance with paragraph (1).
(Mar. 4, 1907, ch. 2907, title V, § 501, as added Pub. L. 110234, title XI, § 11015(a), May 22, 2008, 122 Stat. 1362, and Pub. L. 110246, § 4(a), title XI, § 11015(a), June 18, 2008, 122 Stat. 1664, 2124.)
## Notes
Editorial Notes
References in TextThe date of the enactment of this section, referred to in subsecs. (b)(2)(B), (C)(ii), (iii), (3)(B)(i), (e)(2), and (j)(2), is the date of enactment of Pub. L. 110246, which was approved June 18, 2008. Final regulations to carry out this section, referred to in subsec. (j)(1), were published in the Federal Register on May 2, 2011, eff. July 1, 2011; see 76 F.R. 24752.
Codification Pub. L. 110234 and Pub. L. 110246 enacted identical sections. Pub. L. 110234 was repealed by section 4(a) of Pub. L. 110246.
Statutory Notes and Related Subsidiaries
Effective DateEnactment of this section and repeal of Pub. L. 110234 by Pub. L. 110246 effective May 22, 2008, the date of enactment of Pub. L. 110234, see section 4 of Pub. L. 110246, set out as a note under section 8701 of Title 7, Agriculture.
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# 21 U.S.C. § 691 - Omitted
## Notes
Editorial Notes
Codification Section, Pub. L. 90201, § 17, Dec. 15, 1967, 81 Stat. 600; Pub. L. 103437, § 8(3), Nov. 2, 1994, 108 Stat. 4588, which required the Secretary of Agriculture to report annually to the Committee on Agriculture of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate on the slaughter of animals and the processing and distribution of carcasses and products, terminated, effective May 15, 2000, pursuant to section 3003 of Pub. L. 10466, as amended, set out as a note under section 1113 of Title 31, Money and Finance. See, also, page 46 of House Document No. 1037.
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# 21 U.S.C. § 692 - Inspection extended to reindeer
## Text
The provisions of the meat-inspection law may be extended to the inspection of reindeer.
(June 30, 1914, ch. 131, 38 Stat. 420.)
## Notes
Editorial Notes
Codification Section was enacted as part of the appropriation act cited as the credit to this section and not as part of the Federal Meat Inspection Act which is classified to subchapters I to IVA of this chapter. Section was formerly classified to section 94 of this title.
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# 21 U.S.C. § 693 - Inspection of dairy products for export
## Text
The act of March 3, 1891, as amended, for the inspection of live cattle and products thereof, shall be deemed to include dairy products intended for exportation to any foreign country, and the Secretary of Agriculture may apply, under rules and regulations to be prescribed by him, the provisions of said act for inspection and certification appropriate for ascertaining the purity and quality of such products, and may cause the same to be so marked, stamped, or labeled as to secure their identity and make known in the markets of foreign countries to which they may be sent from the United States their purity, quality, and grade; and all the provisions of said act relating to live cattle and products thereof for export shall apply to dairy products so inspected and certified.
(May 23, 1908, ch. 192, 35 Stat. 254.)
## Notes
Editorial Notes
References in TextAct of March 3, 1891, referred to in text, is act Mar. 3, 1891, ch. 555, 26 Stat. 1089, which was superseded by act Mar. 4, 1907, ch. 2907, 34 Stat. 1260, as amended by act June 29, 1938, ch. 810, 52 Stat. 1235 (formerly classified to section 71 et seq. of this title). Act Mar. 4, 1907, ch. 2907, was generally revised by Pub. L. 90201, Dec. 15, 1967, 81 Stat. 584, and is classified to this chapter.
Codification Section was not enacted as part of the Federal Meat Inspection Act which is classified to subchapters I to IVA of this chapter. Section was formerly classified to sections 94a and 132 of this title.
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# 21 U.S.C. § 694 - Authorization of appropriations
## Text
Annual appropriations of the sum of $3,000,000 from the general fund of the Treasury are authorized for the expenses of the inspection of cattle, sheep, swine, and goats and the meat and meat food products thereof which enter into interstate or foreign commerce and for all expenses necessary to carry into effect the provisions of this Act relating to meat inspection, including rent and the employment of labor in Washington and elsewhere, for each year, and in addition there is authorized to be appropriated such other sums as may be necessary in the enforcement of the meat inspection laws.
(June 30, 1906, ch. 3913, 34 Stat. 679; June 26, 1934, ch. 756, § 2, 48 Stat. 1225.)
## Notes
Editorial Notes
References in TextThis Act, referred to in text, is act June 30, 1906, ch. 3913, 34 Stat. 669, which made appropriations for the Department of Agriculture for the fiscal year ending June 30, 1907.
Codification Act June 26, 1934, ch. 756, § 2(a), 48 Stat. 1225, which was classified to section 725a of former Title 31, Money and Finance, provided for the repeal, effective July 1, 1935, of the permanent appropriations under the appropriations titles listed in section 2(b) of such Act, and further provided that such portions of any Acts as made permanent appropriations to be expended under such accounts were amended so as to authorize, in lieu thereof, annual appropriations from the general fund of the Treasury in identical terms and in such amounts as were provided by the laws providing such permanent appropriations. The text of section 2(b)(3) of such Act provides as follows: “Meat inspection, Bureau of Animal Industry (fiscal year) (3114).” Section 2(a) of such Act also authorized to be appropriated such other sums as necessary in the enforcement of the meat inspection laws. See 1934 Amendment note below. Section was not enacted as part of the Federal Meat Inspection Act which is classified to subchapters I to IVA of this chapter. Section was formerly classified to section 95 of this title.
Amendments1934—Act June 26, 1934, substituted “Annual appropriations of the sum of $3,000,000 from the general fund of the Treasury are authorized” for “There is permanently appropriated, out of any money in the Treasury not otherwise appropriated, the sum of $3,000,000,” and inserted before period at end “, and in addition there is authorized to be appropriated such other sums as may be necessary in the enforcement of the meat inspection laws”.
Statutory Notes and Related Subsidiaries
Effective Date of 1934 AmendmentAct June 26, 1934, ch. 756, § 2(a), 48 Stat. 1225, provided that the permanent appropriations under the appropriations titles listed in section 2(b) of such Act were repealed, effective July 1, 1935.
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# 21 U.S.C. § 695 - Payment of cost of meat-inspection service; exception
## Text
The cost of inspection rendered on and after July 1, 1948, under the requirements of laws relating to Federal inspection of meat and meat food products shall be borne by the United States except the cost of overtime and holiday pay paid pursuant to section 2219a of title 7.
(June 5, 1948, ch. 423, 62 Stat. 344; Pub. L. 107171, title X, § 10703(c)(2), May 13, 2002, 116 Stat. 517.)
## Notes
Editorial Notes
References in TextSection 2219a of title 7, referred to in text, was in the original “section 10703 of the Farm Security and Rural Investment Act of 2002”, meaning section 10703 of Pub. L. 107171, which enacted section 2219a of Title 7, Agriculture, amended this section, section 468 of this title, and section 5549 of Title 5, Government Organization and Employees, and repealed section 394 of Title 7.
Codification Section was formerly classified to section 98 of this title. Section was not enacted as part of the Federal Meat Inspection Act which is classified to subchapters I to IVA of this chapter.
Amendments2002—Pub. L. 107171 substituted “overtime and holiday pay paid pursuant to section 2219a of title 7.” for “overtime pursuant to section 394 of title 7.”
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# 21 U.S.C. § 801a - Congressional findings and declarations: psychotropic substances
## Text
The Congress makes the following findings and declarations:
(1) The Congress has long recognized the danger involved in the manufacture, distribution, and use of certain psychotropic substances for nonscientific and nonmedical purposes, and has provided strong and effective legislation to control illicit trafficking and to regulate legitimate uses of psychotropic substances in this country. Abuse of psychotropic substances has become a phenomenon common to many countries, however, and is not confined to national borders. It is, therefore, essential that the United States cooperate with other nations in establishing effective controls over international traffic in such substances.
(2) The United States has joined with other countries in executing an international treaty, entitled the Convention on Psycho­tropic Substances and signed at Vienna, Austria, on February 21, 1971, which is designed to establish suitable controls over the manufacture, distribution, transfer, and use of certain psychotropic substances. The Convention is not self-executing, and the obligations of the United States thereunder may only be performed pursuant to appropriate legislation. It is the intent of the Congress that the amendments made by this Act, together with existing law, will enable the United States to meet all of its obligations under the Convention and that no further legislation will be necessary for that purpose.
(3) In implementing the Convention on Psychotropic Substances, the Congress intends that, consistent with the obligations of the United States under the Convention, control of psychotropic substances in the United States should be accomplished within the framework of the procedures and criteria for classification of substances provided in the Comprehensive Drug Abuse Prevention and Control Act of 1970 [21 U.S.C. 801 et seq.]. This will insure that (A) the availability of psychotropic substances to manufacturers, distributors, dispensers, and researchers for useful and legitimate medical and scientific purposes will not be unduly restricted; (B) nothing in the Convention will interfere with bona fide research activities; and (C) nothing in the Convention will interfere with ethical medical practice in this country as determined by the Secretary of Health and Human Services on the basis of a consensus of the views of the American medical and scientific community.
(Pub. L. 95633, title I, § 101, Nov. 10, 1978, 92 Stat. 3768; Pub. L. 9688, title V, § 509(b), Oct. 17, 1979, 93 Stat. 695.)
## Notes
Editorial Notes
References in TextThis Act, referred to in par. (2), is Pub. L. 95633, Nov. 10, 1978, 92 Stat. 2768, as amended, known as the Psychotropic Substances Act of 1978, which enacted sections 801a, 830, and 852 of this title, amended sections 352, 802, 811, 812, 823, 827, 841 to 843, 872, 881, 952, 953, and 965 of this title and section 242a of Title 42, The Public Health and Welfare, repealed section 830 of this title effective Jan. 1, 1981, and enacted provisions set out as notes under sections 801, 801a, 812, and 830 of this title. For complete classification of this Act to the Code, see Short Title of 1978 Amendment note set out under section 801 of this title and Tables. The Comprehensive Drug Abuse Prevention and Control Act of 1970, referred to in par. (3), is Pub. L. 91513, Oct. 27, 1970, 84 Stat. 1236, which is classified principally to this chapter [§ 801 et seq.]. For complete classification of this Act to the Code, see Short Title note set out under section 801 of this title and Tables.
Codification Section was enacted as a part of the Psychotropic Substances Act of 1978, and not as a part of the Controlled Substances Act which comprises this subchapter.
Statutory Notes and Related Subsidiaries
Change of Name “Secretary of Health and Human Services” substituted for “Secretary of Health, Education, and Welfare” in par. (3) pursuant to section 509(b) of Pub. L. 9688, which is classified to section 3508(b) of Title 20, Education.
Effective DatePub. L. 95633, title I, § 112, Nov. 10, 1978, 92 Stat. 3774, provided that: “This title [enacting this section and section 852 of this title, amending sections 352, 802, 811, 812, 823, 827, 872, 952, and 953 of this title and section 242a of Title 42, The Public Health and Welfare, and enacting provisions set out as notes under sections 801 and 812 of this title] and the amendments made by this title shall take effect on the date the Convention on Psychotrop­ic Substances, signed at Vienna, Austria on February 21, 1971, enters into force in respect to the United States.” [The Convention entered into force in respect to the United States on July 15, 1980.]
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