-CITE-

21 USC CHAPTER 12 - MEAT INSPECTION 01/06/03

-EXPCITE-

TITLE 21 - FOOD AND DRUGS

CHAPTER 12 - MEAT INSPECTION

.

-HEAD-

CHAPTER 12 - MEAT INSPECTION

-MISC1-

SUBCHAPTER I - INSPECTION REQUIREMENTS; ADULTERATION AND

MISBRANDING

Sec.

601. Definitions.

602. Congressional statement of findings.

603. Inspection of meat and meat food products.

(a) Examination of animals before slaughtering;

diseased animals slaughtered separately and

carcasses examined.

(b) Humane methods of slaughter.

604. Post mortem examination of carcasses and marking or labeling;

destruction of carcasses condemned; reinspection.

605. Examination of carcasses brought into slaughtering or packing

establishments, and of meat food products issued from and

returned thereto; conditions for entry.

606. Inspectors of meat food products; marks of inspection;

destruction of condemned products; products for export.

607. Labeling, marking, and container requirements.

(a) Labeling receptacles or coverings of meat or meat

food products inspected and passed; supervision

by inspectors.

(b) Information on articles or containers; legible

form.

(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.

(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.

(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 Secretary's action; judicial

review; application of section 194 of title 7.

(f) Lamb and mutton.

608. Sanitary inspection and regulation of slaughtering and packing

establishments; rejection of adulterated meat or meat food

products.

609. Examination of animals and food products thereof, slaughtered

and prepared during nighttime.

610. Prohibited acts.

(a) Slaughtering animals or preparation of articles

capable of use as human food.

(b) Humane methods of slaughter.

(c) Sales, transportation, and other transactions.

(d) Adulteration or misbranding.

611. Devices, marks, labels, and certificates; simulations.

(a) Devices to be made under authorization of

Secretary.

(b) Other misconduct.

612 to 614. Repealed.

615. Inspection of carcasses, meat of which is intended for export.

616. Inspectors of carcasses, etc., meat of which is intended for

export; certificates of condition.

617. Clearance prohibited to vessel carrying meat for export

without inspector's certificate.

618. Delivery of inspectors' certificates, and of copies.

619. Marking, labeling, or other identification to show kinds of

animals from which derived; separate establishments for

preparation and slaughtering activities.

620. Imports.

(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.

(b) Terms and conditions for destruction.

(c) Payment of storage, cartage, and labor charges by

owner or consignee; liens.

(d) Prohibition.

(e) Omitted.

(f) Inspection and other standards; applicability,

enforcement, etc.; certifications.

(g) Administration of animal drugs or antibiotics;

terms and conditions; entry order violations.

(h) Reciprocal meat inspection requirement.

621. Inspectors to make examinations provided for; appointment;

duties; regulations.

622. Bribery of or gifts to inspectors or other officers and

acceptance of gifts.

623. Exemptions from inspection requirements.

(a) Personal slaughtering and custom slaughtering for

personal, household, guest, and employee uses.

(b) Territorial exemption; refusal, withdrawal, or

modification.

(c) Pizzas containing meat food products.

(d) Adulteration and misbranding provisions

applicable to inspection-free articles.

624. Storage and handling regulations; violations; exemption of

establishments subject to non-Federal jurisdiction.

SUBCHAPTER II - MEAT PROCESSORS AND RELATED INDUSTRIES

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.

642. Recordkeeping requirements.

(a) Classes of persons bound; scope of disclosure;

access to places of business; examination of

records, facilities, and inventories; copies;

samples.

(b) Period of maintenance.

643. Registration of business, name of person, and trade names.

644. Regulation of transactions, transportation, or importation of

4-D animals to prevent use as human food.

645. Federal provisions applicable to State or Territorial business

transactions of a local nature and not subject to local

authority.

SUBCHAPTER III - FEDERAL AND STATE COOPERATION

661. Federal and State cooperation.

(a) Congressional statement of policy.

(b) Single State agency; subordinate governmental

unit as part of State agency.

(c) State meat inspection requirements.

(d) ''State'' defined.

SUBCHAPTER IV - AUXILIARY PROVISIONS

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 Secretary's actions; judicial review;

record.

672. Administrative detention; duration; pending judicial

proceedings; notification of governmental authorities; release.

673. Seizure and condemnation.

(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.

(b) Condemnation or seizure under other provisions

unaffected.

674. Federal court jurisdiction of enforcement and injunction

proceedings and other kinds of cases; limitations of section

607(e) of this title.

675. Assaulting, resisting, or impeding certain persons; murder;

protection of such persons.

676. Violations.

(a) Misdemeanors; felonies: intent to defraud and

distribution of adulterated articles; good

faith.

(b) Minor violations; written notice of warning of

criminal and civil proceedings.

677. Other Federal laws applicable for administration and

enforcement of chapter; location of inquiries; jurisdiction of

Federal courts.

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.

679. Application of Federal Food, Drug, and Cosmetic Act.

(a) Authorities under food, drug, and cosmetic

provisions unaffected.

(b) Enforcement proceedings; detainer authority of

representatives of Secretary of Health and

Human Services.

679a. Safe Meat and Poultry Inspection Panel.

(a) Establishment.

(b) Duties.

(c) Secretarial response.

(d) Composition of panel.

(e) Nominations.

(f) Travel expenses.

(g) Conflicts of interest.

(h) Exemption.

(i) Funding.

679b. Pasteurization of meat and poultry.

679c. Expansion of Food Safety Inspection Service activities.

(a) In general.

(b) Authorization of appropriations.

680. Authorization of appropriations.

SUBCHAPTER V - MISCELLANEOUS PROVISIONS

691. Omitted.

692. Inspection extended to reindeer.

693. Inspection of dairy products for export.

694. Authorization of appropriations.

695. Payment of cost of meat-inspection service; exception.

-SECREF-

CHAPTER REFERRED TO IN OTHER SECTIONS

This chapter is referred to in sections 321, 350c, 381, 392 of

this title; title 7 sections 138f, 2219a, 6519.

-CITE-

21 USC SUBCHAPTER I - INSPECTION REQUIREMENTS;

ADULTERATION AND MISBRANDING 01/06/03

-EXPCITE-

TITLE 21 - FOOD AND DRUGS

CHAPTER 12 - MEAT INSPECTION

SUBCHAPTER I - INSPECTION REQUIREMENTS; ADULTERATION AND

MISBRANDING

.

-HEAD-

SUBCHAPTER I - INSPECTION REQUIREMENTS; ADULTERATION AND

MISBRANDING

-SECREF-

SUBCHAPTER REFERRED TO IN OTHER SECTIONS

This subchapter is referred to in sections 641, 661, 671, 672,

673, 678 of this title.

-CITE-

21 USC Sec. 601 01/06/03

-EXPCITE-

TITLE 21 - FOOD AND DRUGS

CHAPTER 12 - MEAT INSPECTION

SUBCHAPTER I - INSPECTION REQUIREMENTS; ADULTERATION AND

MISBRANDING

-HEAD-

Sec. 601. Definitions

-STATUTE-

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.

-SOURCE-

(Mar. 4, 1907, ch. 2907, title I, Sec. 1, as added Pub. L. 90-201,

Sec. 2, Dec. 15, 1967, 81 Stat. 584; amended Pub. L. 96-88, title

V, Sec. 509(b), Oct. 17, 1979, 93 Stat. 695; Pub. L. 102-571, title

I, Sec. 107(14), Oct. 29, 1992, 106 Stat. 4499.)

-REFTEXT-

REFERENCES IN TEXT

The Federal Food, Drug, and Cosmetic Act, referred to in pars.

(q) and (r), is act June 25, 1938, ch. 675, 52 Stat. 1040, as

amended, which is classified generally to chapter 9 (Sec. 301 et

seq.) of this title. For complete classification of this Act to

the Code, see section 301 of this title and Tables.

-MISC2-

AMENDMENTS

1992 - Subsec. (m)(2)(D). Pub. L. 102-571 substituted ''379e''

for ''376''.

-CHANGE-

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. 96-88, which is classified to

section 3508(b) of Title 20, Education.

-MISC4-

EFFECTIVE DATE

Section 20 of Pub. L. 90-201 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 AMENDMENT

Pub. L. 99-641, title IV, Sec. 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 AMENDMENT

Pub. L. 95-445, Sec. 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 TITLE

Section 1 of Pub. L. 90-201 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'.''

Section 1 of Pub. L. 90-201 provided in part that the provisions

of act Mar. 4, 1907, as amended, classified to subchapters I to IV

of this chapter, are designated as the ''Federal Meat Inspection

Act''.

SEPARABILITY

Section 19 of Pub. L. 90-201 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.''

-SECREF-

ACT REFERRED TO IN OTHER SECTIONS

The Wholesome Meat Act is referred to in section 1053 of this

title.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 607, 673, 676 of this

title; title 15 sections 2052, 2602.

-CITE-

21 USC Sec. 602 01/06/03

-EXPCITE-

TITLE 21 - FOOD AND DRUGS

CHAPTER 12 - MEAT INSPECTION

SUBCHAPTER I - INSPECTION REQUIREMENTS; ADULTERATION AND

MISBRANDING

-HEAD-

Sec. 602. Congressional statement of findings

-STATUTE-

Meat and meat food products are an important source of the

Nation's 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.

-SOURCE-

(Mar. 4, 1907, ch. 2907, title I, Sec. 2, as added Pub. L. 90-201,

Sec. 2, Dec. 15, 1967, 81 Stat. 587.)

-CITE-

21 USC Sec. 603 01/06/03

-EXPCITE-

TITLE 21 - FOOD AND DRUGS

CHAPTER 12 - MEAT INSPECTION

SUBCHAPTER I - INSPECTION REQUIREMENTS; ADULTERATION AND

MISBRANDING

-HEAD-

Sec. 603. Inspection of meat and meat food products

-STATUTE-

(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 cattle, sheep, swine, goats,

horses, mules, and other equines 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 cattle, sheep, swine, goats, horses, mules, and other equines

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 cattle, sheep, swine, goats, horses, mules, and

other equines 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. 1901-1906) 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.

-SOURCE-

(Mar. 4, 1907, ch. 2907, title I, Sec. 3, formerly 1st par., 34

Stat. 1260; renumbered Sec. 3 and amended Pub. L. 90-201, Sec. 1,

3, 12(a), (b), Dec. 15, 1967, 81 Stat. 584, 588, 592; Pub. L.

95-445, Sec. 2, Oct. 10, 1978, 92 Stat. 1069.)

-REFTEXT-

REFERENCES IN TEXT

Act of August 27, 1958, referred to in subsec. (b), is Pub. L.

85-765, Aug. 27, 1958, 72 Stat. 862, as amended, which is

classified generally to chapter 48 (Sec. 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. 95-445, Sec. 5(b),

Oct. 10, 1978, 92 Stat. 1069, effective as set forth in section 7

of Pub. L. 95-445, set out as an Effective Date of 1978 Amendment

note below.

-COD-

CODIFICATION

Section was formerly classified to section 71 of this title.

-MISC3-

AMENDMENTS

1978 - Pub. L. 95-445 designated existing provisions as subsec.

(a) and added subsec. (b).

1967 - Pub. L. 90-201, Sec. 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.

EFFECTIVE DATE OF 1978 AMENDMENT

Section 7 of Pub. L. 95-445 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 AMENDMENT

Amendment by Pub. L. 90-201 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. 90-201, set out as an Effective Date note

under section 601 of this title.

RELIGIOUS FREEDOM; RITUAL SLAUGHTER

Section 6 of Pub. L. 95-445 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)).''

-CITE-

21 USC Sec. 604 01/06/03

-EXPCITE-

TITLE 21 - FOOD AND DRUGS

CHAPTER 12 - MEAT INSPECTION

SUBCHAPTER I - INSPECTION REQUIREMENTS; ADULTERATION AND

MISBRANDING

-HEAD-

Sec. 604. Post mortem examination of carcasses and marking or

labeling; destruction of carcasses condemned; reinspection

-STATUTE-

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 cattle, sheep, swine, goats, horses, mules, and other equines

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.

-SOURCE-

(Mar. 4, 1907, ch. 2907, title I, Sec. 4, formerly 2nd par., 34

Stat. 1260; renumbered Sec. 4 and amended Pub. L. 90-201, Sec. 1,

3, 4, 12(a)-(d), Dec. 15, 1967, 81 Stat. 584, 588, 592.)

-COD-

CODIFICATION

Section was formerly classified to section 72 of this title.

-MISC3-

AMENDMENTS

1967 - Pub. L. 90-201, Sec. 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.

EFFECTIVE DATE OF 1967 AMENDMENT

Amendment by Pub. L. 90-201 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. 90-201, set out as an Effective Date note

under section 601 of this title.

-CITE-

21 USC Sec. 605 01/06/03

-EXPCITE-

TITLE 21 - FOOD AND DRUGS

CHAPTER 12 - MEAT INSPECTION

SUBCHAPTER I - INSPECTION REQUIREMENTS; ADULTERATION AND

MISBRANDING

-HEAD-

Sec. 605. Examination of carcasses brought into slaughtering or

packing establishments, and of meat food products issued from

and returned thereto; conditions for entry

-STATUTE-

The foregoing provisions shall apply to all carcasses or parts of

carcasses of cattle, sheep, swine, goats, horses, mules, and other

equines 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.

-SOURCE-

(Mar. 4, 1907, ch. 2907, title I, Sec. 5, formerly 3rd par., 34

Stat. 1261; renumbered Sec. 5 and amended Pub. L. 90-201, Sec. 1,

5, 12(a), Dec. 15, 1967, 81 Stat. 584, 588, 592.)

-COD-

CODIFICATION

Section was formerly classified to section 73 of this title.

-MISC3-

AMENDMENTS

1967 - Pub. L. 90-201, Sec. 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.

EFFECTIVE DATE OF 1967 AMENDMENT

Amendment by Pub. L. 90-201 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. 90-201, set out as an Effective Date note

under section 601 of this title.

-CITE-

21 USC Sec. 606 01/06/03

-EXPCITE-

TITLE 21 - FOOD AND DRUGS

CHAPTER 12 - MEAT INSPECTION

SUBCHAPTER I - INSPECTION REQUIREMENTS; ADULTERATION AND

MISBRANDING

-HEAD-

Sec. 606. Inspectors of meat food products; marks of inspection;

destruction of condemned products; products for export

-STATUTE-

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.

-SOURCE-

(Mar. 4, 1907, ch. 2907, title I, Sec. 6, formerly 4th par., 34

Stat. 1261; renumbered Sec. 6 and amended Pub. L. 90-201, Sec. 1,

3, 12(e), Dec. 15, 1967, 81 Stat. 584, 588, 592; Pub. L. 99-641,

title IV, Sec. 403(a), Nov. 10, 1986, 100 Stat. 3567.)

-COD-

CODIFICATION

Section was formerly classified to section 74 of this title.

-MISC3-

AMENDMENTS

1986 - Pub. L. 99-641 temporarily added subsecs. (a) to (c) and

struck out former undesignated provisions which 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'', designated remaining provisions as

subsec. (d), and inserted ''Notwithstanding the preceding

provisions of this section,''. See Effective and Termination Dates

of 1986 Amendment note below.

1967 - Pub. L. 90-201, Sec. 3, 12(e), struck out ''interstate or

foreign'' before ''commerce'' and ''of Agriculture'' after

''Secretary'' in three places, and substituted ''not adulterated''

for ''sound, healthful, and wholesome, and which contains no dyes,

chemicals, preservatives, or ingredients which render such meat or

meat food products unsound, unhealthful, unwholesome, or unfit for

human food'' and ''adulterated'' for ''unsound, unhealthful, and

unwholesome, or which contain dyes, chemicals, preservatives, or

ingredients which render such meat or meat food products unsound,

unhealthful, unwholesome, or unfit for human food,'' respectively.

EFFECTIVE AND TERMINATION DATES OF 1986 AMENDMENT

Section 403(a) of Pub. L. 99-641 provided in part that the

amendment of this section by Pub. L. 99-641 is effective only

during the 6-year period beginning Nov. 10, 1986.

Section 408 of title IV of Pub. L. 99-641 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 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) 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 this section).''

EFFECTIVE DATE OF 1967 AMENDMENT

Amendment by Pub. L. 90-201 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. 90-201, set out as an Effective Date note

under section 601 of this title.

SAVINGS PROVISION

Section 404 of Pub. L. 99-641 provided that: ''The expiration

date provisions of section 403 (enacting provisions set out as

notes under this section and sections 609, 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 609, 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 PROGRAM

Section 403(e) of Pub. L. 99-641 provided that: ''The amendments

made by this section (amending this section and sections 609, 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.''

DETECTION OF RESIDUE IN LIVESTOCK AND PROGRAM FOR TRACING OF

LIVESTOCK

Section 405 of Pub. L. 99-641 provided that: ''It is the sense of

Congress that the Secretary of Agriculture should -

''(1) carry out a program to detect residues in livestock that

are subject to inspection under title I of the Federal Meat

Inspection Act (21 U.S.C. 601 et seq.); and

''(2) evaluate the feasibility of, and develop, a program that

would enable the Secretary to trace any particular livestock that

are subject to inspection under title I of the Federal Meat

Inspection Act, in order to identify the producer of such

livestock.''

REPORTS TO CONGRESS

Pub. L. 99-641, title IV, Sec. 406, Nov. 10, 1986, 100 Stat.

3571, which required the Secretary of Agriculture to submit an

annual report to the Committee on Agriculture of the House of

Representatives and the Committee on Agriculture, Nutrition, and

Forestry of the Senate describing any action proposed or taken by

the Secretary to implement amendments made by section 403 of Pub.

L. 99-641 (amending this section and sections 609, 621, 671, and

676 of this title), to carry out a program for detecting residues

in livestock, or to develop a program for tracing particular

livestock in order to identify the producer, and describing any

personnel action proposed or taken by the Secretary as a result of

amendments made by section 403 of Pub. L. 99-641 along with any

effort made by the Secretary to minimize any adverse economic

effect of the amendments on employees of the Department of

Agriculture, terminated, effective May 15, 2000, pursuant to

section 3003 of Pub. L. 104-66, as amended, set out as a note under

section 1113 of Title 31, Money and Finance. See, also, page 46 of

House Document No. 103-7.

CONGRESSIONAL REEVALUATION OF INSPECTION PROGRAM

Section 407 of Pub. L. 99-641 provided that: ''It is the sense of

Congress that, not later than 6 years after the date of the

enactment of this Act (Nov. 10, 1986), Congress shall -

''(1) evaluate the operation and effects of the amendments made

by section 403 (amending this section and sections 609, 621, 671,

and 676 of this title), for the purpose of determining whether to

extend or modify the operation of such amendments; and

''(2) enact such legislation as may be necessary to efficiently

and effectively carry out the Federal Meat Inspection Act (21

U.S.C. 601 et seq.).''

-CITE-

21 USC Sec. 607 01/06/03

-EXPCITE-

TITLE 21 - FOOD AND DRUGS

CHAPTER 12 - MEAT INSPECTION

SUBCHAPTER I - INSPECTION REQUIREMENTS; ADULTERATION AND

MISBRANDING

-HEAD-

Sec. 607. Labeling, marking, and container requirements

-STATUTE-

(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 Secretary's 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.

-SOURCE-

(Mar. 4, 1907, ch. 2907, title I, Sec. 7, formerly 5th par., 34

Stat. 1262; renumbered Sec. 7 and amended Pub. L. 90-201, Sec. 1,

3(a), 6, Dec. 15, 1967, 81 Stat. 584, 588; Pub. L. 96-88, title V,

Sec. 509(b), Oct. 17, 1979, 93 Stat. 695; Pub. L. 104-127, title

II, Sec. 279, Apr. 4, 1996, 110 Stat. 979.)

-REFTEXT-

REFERENCES IN TEXT

The Federal Food, Drug, and Cosmetic Act, referred to in subsec.

(c)(2), is act June 25, 1938, ch. 675, 52 Stat. 1040, as amended,

which is classified generally to chapter 9 (Sec. 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 act Mar. 4, 1907,

ch. 2907, titles I to IV, as added Dec. 15, 1967, Pub. L. 90-201,

81 Stat. 584, and amended, which are classified generally to

subchapters I to IV (Sec. 601 et seq.), respectively, of this

chapter. For complete classification of this Act to the Code, see

Short Title note under section 601 of this title and Tables.

-COD-

CODIFICATION

Section was formerly classified to section 75 of this title.

-MISC3-

AMENDMENTS

1996 - Subsec. (f). Pub. L. 104-127 added subsec. (f).

1967 - Subsec. (a). Pub. L. 90-201, Sec. 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. 90-201, Sec. 6(c), added subsecs.

(b) to (e).

-CHANGE-

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. 96-88, which is classified to

section 3508(b) of Title 20, Education.

-MISC4-

EFFECTIVE DATE OF 1967 AMENDMENT

Amendment by Pub. L. 90-201 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. 90-201, set out as an Effective Date note

under section 601 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 601, 674 of this title.

-CITE-

21 USC Sec. 608 01/06/03

-EXPCITE-

TITLE 21 - FOOD AND DRUGS

CHAPTER 12 - MEAT INSPECTION

SUBCHAPTER I - INSPECTION REQUIREMENTS; ADULTERATION AND

MISBRANDING

-HEAD-

Sec. 608. Sanitary inspection and regulation of slaughtering and

packing establishments; rejection of adulterated meat or meat

food products

-STATUTE-

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 cattle, sheep, swine, goats, horses, mules

and other equines 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.''

-SOURCE-

(Mar. 4, 1907, ch. 2907, title I, Sec. 8, formerly 6th par., 34

Stat. 1262; renumbered Sec. 8 and amended Pub. L. 90-201, Sec. 1,

3, 12(a), (f), Dec. 15, 1967, 81 Stat. 584, 588, 592.)

-COD-

CODIFICATION

Section was formerly classified to section 76 of this title.

-MISC3-

AMENDMENTS

1967 - Pub. L. 90-201, Sec. 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.

EFFECTIVE DATE OF 1967 AMENDMENT

Amendment by Pub. L. 90-201 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. 90-201, set out as an Effective Date note

under section 601 of this title.

-CITE-

21 USC Sec. 609 01/06/03

-EXPCITE-

TITLE 21 - FOOD AND DRUGS

CHAPTER 12 - MEAT INSPECTION

SUBCHAPTER I - INSPECTION REQUIREMENTS; ADULTERATION AND

MISBRANDING

-HEAD-

Sec. 609. Examination of animals and food products thereof,

slaughtered and prepared during nighttime

-STATUTE-

The Secretary shall cause an examination and inspection of all

cattle, sheep, swine, goats, horses, mules and other equines, 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 cattle, sheep, swine, goats, horses,

mules, and other equines, or the preparation of said food products

is conducted during the nighttime.

-SOURCE-

(Mar. 4, 1907, ch. 2907, title I, Sec. 9, formerly 7th par., 34

Stat. 1262; renumbered Sec. 9 and amended Pub. L. 90-201, Sec. 1,

3, 12(a), Dec. 15, 1967, 81 Stat. 584, 588, 592; Pub. L. 99-641,

title IV, Sec. 403(d)(1), Nov. 10, 1986, 100 Stat. 3570.)

-COD-

CODIFICATION

Section was formerly classified to section 77 of this title.

-MISC3-

AMENDMENTS

1986 - Pub. L. 99-641 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. 90-201, Sec. 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.

EFFECTIVE AND TERMINATION DATES OF 1986 AMENDMENT

Section 403(d)(1) of Pub. L. 99-641 provided that the amendment

made by that section is effective only during the 6-year period

beginning Nov. 10, 1986.

Amendment by Pub. L. 99-641 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. 99-641 to section 606 of this title,

see section 408 of Pub. L. 99-641, set out as a note under section

606 of this title.

EFFECTIVE DATE OF 1967 AMENDMENT

Amendment by Pub. L. 90-201 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. 90-201, set out as an Effective Date note

under section 601 of this title.

CONSTRUCTION AND EFFECT OF AMENDMENTS BY PUB. L. 99-641

For provisions relating to construction and effect of temporary

amendments by section 403 of Pub. L. 99-641, see sections 403(e)

and 404 of Pub. L. 99-641, set out as notes entitled ''Inspection

Services for Establishments Not Participating in Total Plant

Quality-Control Program'' and ''Savings Provision'', respectively,

under section 606 of this title.

-CITE-

21 USC Sec. 610 01/06/03

-EXPCITE-

TITLE 21 - FOOD AND DRUGS

CHAPTER 12 - MEAT INSPECTION

SUBCHAPTER I - INSPECTION REQUIREMENTS; ADULTERATION AND

MISBRANDING

-HEAD-

Sec. 610. Prohibited acts

-STATUTE-

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. 1901-1906);

(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.

-SOURCE-

(Mar. 4, 1907, ch. 2907, title I, Sec. 10, formerly 8th par., 34

Stat. 1262; renumbered Sec. 10 and amended Pub. L. 90-201, Sec. 1,

7, Dec. 15, 1967, 81 Stat. 584, 589; Pub. L. 95-445, Sec. 3, Oct.

10, 1978, 92 Stat. 1069.)

-REFTEXT-

REFERENCES IN TEXT

Act of August 27, 1958, referred to in subsec. (b), is Pub. L.

85-765, Aug. 27, 1958, 72 Stat. 862, as amended, which is

classified generally to chapter 48 (Sec. 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. 95-445, Sec. 5(b),

Oct. 10, 1978, 92 Stat. 1069, effective as set forth in section 7

of Pub. L. 95-445, set out as an Effective Date of 1978 Amendment

note under section 603 of this title.

-COD-

CODIFICATION

Section was formerly classified to section 78 of this title.

-MISC3-

AMENDMENTS

1978 - Subsecs. (b) to (d). Pub. L. 95-445 added subsec. (b) and

redesignated former subsecs. (b) and (c) as (c) and (d),

respectively.

1967 - Pub. L. 90-201, Sec. 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.

EFFECTIVE DATE OF 1978 AMENDMENT

Amendment by Pub. L. 95-445 effective one year after Oct. 10,

1978, and an additional eighteen month period thereafter in

hardship cases, see section 7 of Pub. L. 95-445, set out as an

Effective Date of 1978 Amendment note under section 603 of this

title.

EFFECTIVE DATE OF 1967 AMENDMENT

Amendment by Pub. L. 90-201 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.

90-201, set out as an Effective Date note under section 601 of this

title.

-CITE-

21 USC Sec. 611 01/06/03

-EXPCITE-

TITLE 21 - FOOD AND DRUGS

CHAPTER 12 - MEAT INSPECTION

SUBCHAPTER I - INSPECTION REQUIREMENTS; ADULTERATION AND

MISBRANDING

-HEAD-

Sec. 611. Devices, marks, labels, and certificates; simulations

-STATUTE-

(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 shipper's

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.

-SOURCE-

(Mar. 4, 1907, ch. 2907, title I, Sec. 11, formerly 9th par., 34

Stat. 1263; renumbered Sec. 11 and amended Pub. L. 90-201, Sec. 1,

8, Dec. 15, 1967, 81 Stat. 584, 589.)

-COD-

CODIFICATION

Section was formerly classified to section 79 of this title.

-MISC3-

AMENDMENTS

1967 - Pub. L. 90-201, Sec. 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.

EFFECTIVE DATE OF 1967 AMENDMENT

Amendment by Pub. L. 90-201 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. 90-201, set out as an Effective Date note

under section 601 of this title.

-CITE-

21 USC Sec. 612 to 614 01/06/03

-EXPCITE-

TITLE 21 - FOOD AND DRUGS

CHAPTER 12 - MEAT INSPECTION

SUBCHAPTER I - INSPECTION REQUIREMENTS; ADULTERATION AND

MISBRANDING

-HEAD-

Sec. 612 to 614. Repealed. Pub. L. 107-171, title X, Sec.

10418(a)(19), May 13, 2002, 116 Stat. 508

-MISC1-

Section 612, act Mar. 4, 1907, ch. 2907, title I, Sec. 12,

formerly 10th par., 34 Stat. 1263; renumbered Sec. 12 and amended

Pub. L. 90-201, Sec. 1, 3(b), 12(a), Dec. 15, 1967, 81 Stat. 584,

588, 592, related to inspection of animals for export. Section was

formerly classified to section 80 of this title.

Section 613, act Mar. 4, 1907, ch. 2907, title I, Sec. 13,

formerly 11th par., 34 Stat. 1263; renumbered Sec. 13 and amended

Pub. L. 90-201, Sec. 1, 3(b), 12(a), Dec. 15, 1967, 81 Stat. 584,

588, 592, related to inspectors of animals for export and

certificates of condition. Section was formerly classified to

section 81 of this title.

Section 614, act Mar. 4, 1907, ch. 2907, title I, Sec. 14,

formerly 12th par., 34 Stat. 1263; renumbered Sec. 14 and amended

Pub. L. 90-201, Sec. 1, 3(b), 12(a), Dec. 15, 1967, 81 Stat. 584,

588, 592, prohibited clearance to vessel carrying animals for

export without inspector's certificate. Section was formerly

classified to section 82 of this title.

-CITE-

21 USC Sec. 615 01/06/03

-EXPCITE-

TITLE 21 - FOOD AND DRUGS

CHAPTER 12 - MEAT INSPECTION

SUBCHAPTER I - INSPECTION REQUIREMENTS; ADULTERATION AND

MISBRANDING

-HEAD-

Sec. 615. Inspection of carcasses, meat of which is intended for

export

-STATUTE-

The Secretary shall also cause to be made a careful inspection of

the carcasses and parts thereof of all cattle, sheep, swine, goats,

horses, mules, and other equines, 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.

-SOURCE-

(Mar. 4, 1907, ch. 2907, title I, Sec. 15, formerly 13th par., 34

Stat. 1263; renumbered Sec. 15 and amended Pub. L. 90-201, Sec. 1,

3(b), 12(a), Dec. 15, 1967, 81 Stat. 584, 588, 592.)

-COD-

CODIFICATION

Section was formerly classified to section 83 of this title.

-MISC3-

AMENDMENTS

1967 - Pub. L. 90-201, Sec. 3(b), 12(a), struck out ''of

Agriculture'' after ''Secretary'' and included horses, mules, and

other equines in the list of animals, respectively.

EFFECTIVE DATE OF 1967 AMENDMENT

Amendment by Pub. L. 90-201 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. 90-201, set out as an Effective Date note

under section 601 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 616 of this title.

-CITE-

21 USC Sec. 616 01/06/03

-EXPCITE-

TITLE 21 - FOOD AND DRUGS

CHAPTER 12 - MEAT INSPECTION

SUBCHAPTER I - INSPECTION REQUIREMENTS; ADULTERATION AND

MISBRANDING

-HEAD-

Sec. 616. Inspectors of carcasses, etc., meat of which is intended

for export; certificates of condition

-STATUTE-

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.

-SOURCE-

(Mar. 4, 1907, ch. 2907, title I, Sec. 16, formerly 14th par., 34

Stat. 1263; renumbered Sec. 16 and amended Pub. L. 90-201, Sec. 1,

3(b), 12(a), Dec. 15, 1967, 81 Stat. 584, 588, 592.)

-COD-

CODIFICATION

Section was formerly classified to section 84 of this title.

-MISC3-

AMENDMENTS

1967 - Pub. L. 90-201, Sec. 3(b), 12(a), struck out ''of

Agriculture'' after ''Secretary'', and included horses, mules, or

other equines in the list of animals.

EFFECTIVE DATE OF 1967 AMENDMENT

Amendment by Pub. L. 90-201 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. 90-201, set out as an Effective Date note

under section 601 of this title.

-CITE-

21 USC Sec. 617 01/06/03

-EXPCITE-

TITLE 21 - FOOD AND DRUGS

CHAPTER 12 - MEAT INSPECTION

SUBCHAPTER I - INSPECTION REQUIREMENTS; ADULTERATION AND

MISBRANDING

-HEAD-

Sec. 617. Clearance prohibited to vessel carrying meat for export

without inspector's certificate

-STATUTE-

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 cattle, sheep, swine, goats,

horses, mules, and other equines 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 cattle, sheep, swine,

goats, horses, mules, and other equines or meats are to be

exported.

-SOURCE-

(Mar. 4, 1907, ch. 2907, title I, Sec. 17, formerly 15th par., 34

Stat. 1263; renumbered Sec. 17 and amended Pub. L. 90-201, Sec. 1,

3(b), 12(a), (g), Dec. 15, 1967, 81 Stat. 584, 588, 592.)

-COD-

CODIFICATION

Section was formerly classified to section 85 of this title.

-MISC3-

AMENDMENTS

1967 - Pub. L. 90-201, Sec. 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.

EFFECTIVE DATE OF 1967 AMENDMENT

Amendment by Pub. L. 90-201 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. 90-201, set out as an Effective Date note

under section 601 of this title.

-CITE-

21 USC Sec. 618 01/06/03

-EXPCITE-

TITLE 21 - FOOD AND DRUGS

CHAPTER 12 - MEAT INSPECTION

SUBCHAPTER I - INSPECTION REQUIREMENTS; ADULTERATION AND

MISBRANDING

-HEAD-

Sec. 618. Delivery of inspectors' certificates, and of copies

-STATUTE-

The inspectors provided for under this subchapter shall be

authorized to give official certificates of the condition of the

carcasses and products of cattle, sheep, swine, goats, horses,

mules, and other equines; 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 cattle, sheep, swine, goats, horses,

mules, and other equines, 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.

-SOURCE-

(Mar. 4, 1907, ch. 2907, title I, Sec. 18, formerly 16th par., 34

Stat. 1263; renumbered Sec. 18 and amended Pub. L. 90-201, Sec. 1,

12(a), (h), Dec. 15, 1967, 81 Stat. 584, 592; Pub. L. 107-171,

title X, Sec. 10418(b)(4), May 13, 2002, 116 Stat. 508.)

-COD-

CODIFICATION

''Provided for under this subchapter'' was in the original

''provided for herein''.

Section was formerly classified to section 86 of this title.

-MISC3-

AMENDMENTS

2002 - Pub. L. 107-171 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. 90-201, Sec. 12(a), (h), included horses, mules,

and other equines in the list of animals and struck out ''sound and

wholesome'' before ''conditions'', respectively.

EFFECTIVE DATE OF 1967 AMENDMENT

Amendment by Pub. L. 90-201 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. 90-201, set out as an Effective Date note

under section 601 of this title.

-CITE-

21 USC Sec. 619 01/06/03

-EXPCITE-

TITLE 21 - FOOD AND DRUGS

CHAPTER 12 - MEAT INSPECTION

SUBCHAPTER I - INSPECTION REQUIREMENTS; ADULTERATION AND

MISBRANDING

-HEAD-

Sec. 619. Marking, labeling, or other identification to show kinds

of animals from which derived; separate establishments for

preparation and slaughtering activities

-STATUTE-

No person, firm, or corporation shall sell, transport, offer for

sale or transportation, or receive for transportation, in commerce,

any carcasses of horses, mules, or other equines 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 cattle,

sheep, swine, or goats are slaughtered or their carcasses, parts

thereof, meat or meat food products are prepared.

-SOURCE-

(Mar. 4, 1907, ch. 2907, title I, Sec. 19, formerly 17th par., 34

Stat. 1264; renumbered Sec. 19 and amended Pub. L. 90-201, Sec. 1,

9, Dec. 15, 1967, 81 Stat. 584, 590.)

-COD-

CODIFICATION

Section was formerly classified to section 87 of this title.

-MISC3-

AMENDMENTS

1967 - Pub. L. 90-201, Sec. 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.

EFFECTIVE DATE OF 1967 AMENDMENT

Amendment by Pub. L, 90-201 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. 90-201, set out as an Effective Date note

under section 601 of this title.

-CITE-

21 USC Sec. 620 01/06/03

-EXPCITE-

TITLE 21 - FOOD AND DRUGS

CHAPTER 12 - MEAT INSPECTION

SUBCHAPTER I - INSPECTION REQUIREMENTS; ADULTERATION AND

MISBRANDING

-HEAD-

Sec. 620. Imports

-STATUTE-

(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. 1901-1906). 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

cattle, sheep, swine, goats, horses, mules, and other equines 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 cattle, sheep, swine, goats,

horses, mules, and other equines 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.

-SOURCE-

(Mar. 4, 1907, ch. 2907, title I, Sec. 20, formerly 18th par., 34

Stat. 1264; renumbered Sec. 20 and amended Pub. L. 90-201, Sec. 1,

10, Dec. 15, 1967, 81 Stat. 584, 590; Pub. L. 95-445, Sec. 4, Oct.

10, 1978, 92 Stat. 1069; Pub. L. 97-98, title XI, Sec. 1122, Dec.

22, 1981, 95 Stat. 1273; Pub. L. 99-198, title XVII, Sec. 1702,

Dec. 23, 1985, 99 Stat. 1634; Pub. L. 100-418, title IV, Sec. 4604,

Aug. 23, 1988, 102 Stat. 1408; Pub. L. 103-182, title III, Sec.

361(f), Dec. 8, 1993, 107 Stat. 2124; Pub. L. 103-437, Sec. 8(2),

Nov. 2, 1994, 108 Stat. 4588; Pub. L. 103-465, title IV, Sec.

431(l), Dec. 8, 1994, 108 Stat. 4970.)

-REFTEXT-

REFERENCES IN TEXT

Act of August 27, 1958, referred to in subsec. (a), is Pub. L.

85-765, Aug. 27, 1958, 72 Stat. 862, as amended, which is

classified generally to chapter 48 (Sec. 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.

95-445, Sec. 5(b), Oct. 10, 1978, 92 Stat. 1069, effective as set

forth in section 7 of Pub. L. 95-445, 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, as amended,

which is classified generally to chapter 9 (Sec. 301 et seq.) of

this title. For complete classification of this act to the Code,

see section 301 of this title and Tables.

-COD-

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. 104-66, as

amended, set out as a note under section 1113 of Title 31, Money

and Finance. See, also, page 46 of House Document No. 103-7.

Section was formerly classified to section 88 of this title.

-MISC3-

AMENDMENTS

1994 - Subsec. (e). Pub. L. 103-437 substituted ''Agriculture,

Nutrition, and Forestry'' for ''Agriculture and Forestry'' in

introductory provisions.

Subsec. (e)(1)(A), (B). Pub. L. 103-465, Sec. 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. 103-465, Sec. 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. 103-182, Sec. 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. 103-182, Sec. 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. 100-418, Sec. 4604(b), added par.

(6).

Subsec. (h). Pub. L. 100-418, Sec. 4604(a), added subsec. (h).

1985 - Subsec. (f). Pub. L. 99-198, Sec. 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. 99-198, Sec. 1702(b), added subsec. (g).

1981 - Subsec. (f). Pub. L. 97-98 added subsec. (f).

1978 - Subsec. (a). Pub. L. 95-445 prohibited imports which do

not comply with humane methods of slaughter.

1967 - Pub. L. 90-201, Sec. 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.

EFFECTIVE DATE OF 1994 AMENDMENT

Amendment by Pub. L. 103-465 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. 103-465, set out as an Effective

Date note under section 3601 of Title 19, Customs Duties.

EFFECTIVE DATE OF 1981 AMENDMENT

Amendment by Pub. L. 97-98 effective Dec. 22, 1981, see section

1801 of Pub. L. 97-98, set out as an Effective Date note under

section 4301 of Title 7, Agriculture.

EFFECTIVE DATE OF 1978 AMENDMENT

Amendment by Pub. L. 95-445 effective one year after Oct. 10,

1978, and an additional eighteen-month period thereafter in

hardship cases, see section 7 of Pub. L. 95-445, set out as a note

under section 603 of this title.

EFFECTIVE DATE OF 1967 AMENDMENT

Amendment by Pub. L. 90-201 effective upon expiration of sixty

days after Dec. 15, 1967, see section 20(a) of Pub. L. 90-201, set

out as an Effective Date note under section 601 of this title.

-CITE-

21 USC Sec. 621 01/06/03

-EXPCITE-

TITLE 21 - FOOD AND DRUGS

CHAPTER 12 - MEAT INSPECTION

SUBCHAPTER I - INSPECTION REQUIREMENTS; ADULTERATION AND

MISBRANDING

-HEAD-

Sec. 621. Inspectors to make examinations provided for;

appointment; duties; regulations

-STATUTE-

The Secretary shall appoint from time to time inspectors to make

examination and inspection of all cattle, sheep, swine, goats,

horses, mules, and other equines, 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.

-SOURCE-

(Mar. 4, 1907, ch. 2907, title I, Sec. 21, formerly 19th par., 34

Stat. 1264; renumbered Sec. 21 and amended Pub. L. 90-201, Sec. 1,

3(b), 12(a), (i), Dec. 15, 1967, 81 Stat. 584, 588, 592, 593; Pub.

L. 99-641, title IV, Sec. 403(d)(2), Nov. 10, 1986, 100 Stat.

3570.)

-COD-

CODIFICATION

Section was formerly classified to section 89 of this title.

-MISC3-

AMENDMENTS

1986 - Pub. L. 99-641 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. 90-201, Sec. 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.

EFFECTIVE AND TERMINATION DATES OF 1986 AMENDMENT

Section 403(d)(2) of Pub. L. 99-641 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. 99-641 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. 99-641 to section 606 of this title,

see section 408 of Pub. L. 99-641, set out as a note under section

606 of this title.

EFFECTIVE DATE OF 1967 AMENDMENT

Amendment by Pub. L. 90-201 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. 90-201, set out as an Effective Date note

under section 601 of this title.

CONSTRUCTION AND EFFECT OF AMENDMENTS BY PUB. L. 99-641

For provisions relating to construction and effect of temporary

amendments by section 403 of Pub. L. 99-641, see sections 403(e)

and 404 of Pub. L. 99-641, set out as notes entitled ''Inspection

Services for Establishments Not Participating in Total Plant

Quality-Control Program'' and ''Savings Provision'', respectively,

under section 606 of this title.

-CITE-

21 USC Sec. 622 01/06/03

-EXPCITE-

TITLE 21 - FOOD AND DRUGS

CHAPTER 12 - MEAT INSPECTION

SUBCHAPTER I - INSPECTION REQUIREMENTS; ADULTERATION AND

MISBRANDING

-HEAD-

Sec. 622. Bribery of or gifts to inspectors or other officers and

acceptance of gifts

-STATUTE-

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.

-SOURCE-

(Mar. 4, 1907, ch. 2907, title I, Sec. 22, formerly 20th par., 34

Stat. 1264; renumbered Sec. 22 and amended Pub. L. 90-201, Sec. 1,

3, Dec. 15, 1967, 81 Stat. 584, 588.)

-COD-

CODIFICATION

Section was formerly classified to section 90 of this title.

-MISC3-

AMENDMENTS

1967 - Pub. L. 90-201, Sec. 3, struck out ''interstate or

foreign'' before ''commerce'' and ''of Agriculture'' after

''Secretary''.

EFFECTIVE DATE OF 1967 AMENDMENT

Amendment by Pub. L. 90-201 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. 90-201, set out as an Effective Date note

under section 601 of this title.

-CITE-

21 USC Sec. 623 01/06/03

-EXPCITE-

TITLE 21 - FOOD AND DRUGS

CHAPTER 12 - MEAT INSPECTION

SUBCHAPTER I - INSPECTION REQUIREMENTS; ADULTERATION AND

MISBRANDING

-HEAD-

Sec. 623. Exemptions from inspection requirements

-STATUTE-

(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.

-SOURCE-

(Mar. 4, 1907, ch. 2907, title I, Sec. 23, formerly 21st, 22nd

pars., 34 Stat. 1265; June 29, 1938, ch. 810, 52 Stat. 1235;

renumbered Sec. 23 and amended Pub. L. 90-201, Sec. 1, 11, Dec. 15,

1967, 81 Stat. 584, 591; Pub. L. 91-342, July 18, 1970, 84 Stat.

438; Pub. L. 102-237, title X, Sec. 1016(a), Dec. 13, 1991, 105

Stat. 1902.)

-COD-

CODIFICATION

Section was formerly classified to sections 91 and 92 of this

title.

-MISC3-

AMENDMENTS

1991 - Subsecs. (c), (d). Pub. L. 102-237 added subsec. (c) and

redesignated former subsec. (c) as (d).

1970 - Subsec. (a). Pub. L. 91-342 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. 90-201, Sec. 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.

EFFECTIVE DATE OF 1967 AMENDMENT

Amendment by Pub. L. 90-201 effective upon expiration of sixty

days after Dec. 15, 1967, see section 20(c) of Pub. L. 90-201, set

out as an Effective Date note under section 601 of this title.

REGULATIONS

Secretary 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. 102-237, set out as a note under section

464 of this title.

-CITE-

21 USC Sec. 624 01/06/03

-EXPCITE-

TITLE 21 - FOOD AND DRUGS

CHAPTER 12 - MEAT INSPECTION

SUBCHAPTER I - INSPECTION REQUIREMENTS; ADULTERATION AND

MISBRANDING

-HEAD-

Sec. 624. Storage and handling regulations; violations; exemption

of establishments subject to non-Federal jurisdiction

-STATUTE-

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.

-SOURCE-

(Mar. 4, 1907, ch. 2907, title I, Sec. 24, as added Pub. L. 90-201,

Sec. 13, Dec. 15, 1967, 81 Stat. 593.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 623 of this title.

-CITE-

21 USC SUBCHAPTER II - MEAT PROCESSORS AND RELATED

INDUSTRIES 01/06/03

-EXPCITE-

TITLE 21 - FOOD AND DRUGS

CHAPTER 12 - MEAT INSPECTION

SUBCHAPTER II - MEAT PROCESSORS AND RELATED INDUSTRIES

.

-HEAD-

SUBCHAPTER II - MEAT PROCESSORS AND RELATED INDUSTRIES

-SECREF-

SUBCHAPTER REFERRED TO IN OTHER SECTIONS

This subchapter is referred to in sections 607, 661, 672, 673 of

this title.

-CITE-

21 USC Sec. 641 01/06/03

-EXPCITE-

TITLE 21 - FOOD AND DRUGS

CHAPTER 12 - MEAT INSPECTION

SUBCHAPTER II - MEAT PROCESSORS AND RELATED INDUSTRIES

-HEAD-

Sec. 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

-STATUTE-

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.

-SOURCE-

(Mar. 4, 1907, ch. 2907, title II, Sec. 201, as added Pub. L.

90-201, Sec. 14, Dec. 15, 1967, 81 Stat. 593.)

-MISC1-

EFFECTIVE DATE

Subchapter effective Dec. 15, 1967, see section 20 of Pub. L.

90-201, set out as a note under section 601 of this title.

-CITE-

21 USC Sec. 642 01/06/03

-EXPCITE-

TITLE 21 - FOOD AND DRUGS

CHAPTER 12 - MEAT INSPECTION

SUBCHAPTER II - MEAT PROCESSORS AND RELATED INDUSTRIES

-HEAD-

Sec. 642. Recordkeeping requirements

-STATUTE-

(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.

-SOURCE-

(Mar. 4, 1907, ch. 2907, title II, Sec. 202, as added Pub. L.

90-201, Sec. 14, Dec. 15, 1967, 81 Stat. 593.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 645, 661, 678 of this

title.

-CITE-

21 USC Sec. 643 01/06/03

-EXPCITE-

TITLE 21 - FOOD AND DRUGS

CHAPTER 12 - MEAT INSPECTION

SUBCHAPTER II - MEAT PROCESSORS AND RELATED INDUSTRIES

-HEAD-

Sec. 643. Registration of business, name of person, and trade names

-STATUTE-

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.

-SOURCE-

(Mar. 4, 1907, ch. 2907, title II, Sec. 203, as added Pub. L.

90-201, Sec. 14, Dec. 15, 1967, 81 Stat. 594.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 645 of this title.

-CITE-

21 USC Sec. 644 01/06/03

-EXPCITE-

TITLE 21 - FOOD AND DRUGS

CHAPTER 12 - MEAT INSPECTION

SUBCHAPTER II - MEAT PROCESSORS AND RELATED INDUSTRIES

-HEAD-

Sec. 644. Regulation of transactions, transportation, or

importation of 4-D animals to prevent use as human food

-STATUTE-

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.

-SOURCE-

(Mar. 4, 1907, ch. 2907, title II, Sec. 204, as added Pub. L.

90-201, Sec. 14, Dec. 15, 1967, 81 Stat. 594.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 645 of this title.

-CITE-

21 USC Sec. 645 01/06/03

-EXPCITE-

TITLE 21 - FOOD AND DRUGS

CHAPTER 12 - MEAT INSPECTION

SUBCHAPTER II - MEAT PROCESSORS AND RELATED INDUSTRIES

-HEAD-

Sec. 645. Federal provisions applicable to State or Territorial

business transactions of a local nature and not subject to

local authority

-STATUTE-

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.

-SOURCE-

(Mar. 4, 1907, ch. 2907, title II, Sec. 205, as added Pub. L.

90-201, Sec. 14, Dec. 15, 1967, 81 Stat. 594.)

-CITE-

21 USC SUBCHAPTER III - FEDERAL AND STATE COOPERATION 01/06/03

-EXPCITE-

TITLE 21 - FOOD AND DRUGS

CHAPTER 12 - MEAT INSPECTION

SUBCHAPTER III - FEDERAL AND STATE COOPERATION

.

-HEAD-

SUBCHAPTER III - FEDERAL AND STATE COOPERATION

-CITE-

21 USC Sec. 661 01/06/03

-EXPCITE-

TITLE 21 - FOOD AND DRUGS

CHAPTER 12 - MEAT INSPECTION

SUBCHAPTER III - FEDERAL AND STATE COOPERATION

-HEAD-

Sec. 661. Federal and State cooperation

-STATUTE-

(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 of this chapter 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 of this chapter.

(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

(FOOTNOTE 1) of this title.

(FOOTNOTE 1) See References in Text note below.

(d) ''State'' defined

As used in this section, the term ''State'' means any State

(including the Commonwealth of Puerto Rico) or organized Territory.

-SOURCE-

(Mar. 4, 1907, ch. 2907, title III Sec. 301, as added Pub. L.

90-201, Sec. 15, Dec. 15, 1967, 81 Stat. 595; amended Pub. L.

98-487, Sec. 1, Oct. 17, 1984, 98 Stat. 2264; Pub. L. 103-437, Sec.

8(2), Nov. 2, 1994, 108 Stat. 4588.)

-REFTEXT-

REFERENCES IN TEXT

Section 691 of this title, referred to in subsec. (c)(4), was

omitted from the Code.

-COD-

CODIFICATION

In subsec. (c)(1), (4), ''December 15, 1967'' substituted for

''enactment of the Wholesome Meat Act''.

-MISC3-

AMENDMENTS

1994 - Subsec. (c)(4). Pub. L. 103-437 substituted ''Agriculture,

Nutrition, and Forestry'' for ''Agriculture and Forestry''.

1984 - Subsec. (c)(2). Pub. L. 98-487 inserted provisions

relating to operations conducted at a restaurant central kitchen

facility.

EFFECTIVE DATE

Section effective Dec. 15, 1967, see section 20 of Pub. L.

90-201, set out as a note under section 601 of this title.

TERMINATION OF ADVISORY COMMITTEES

Advisory 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 14 of Pub. L. 92-463, Oct. 6, 1972,

86 Stat. 776, set out in the Appendix to Title 5, Government

Organization and Employees.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 607, 624, 645 of this

title.

-CITE-

21 USC SUBCHAPTER IV - AUXILIARY PROVISIONS 01/06/03

-EXPCITE-

TITLE 21 - FOOD AND DRUGS

CHAPTER 12 - MEAT INSPECTION

SUBCHAPTER IV - AUXILIARY PROVISIONS

.

-HEAD-

SUBCHAPTER IV - AUXILIARY PROVISIONS

-SECREF-

SUBCHAPTER REFERRED TO IN OTHER SECTIONS

This subchapter is referred to in section 661 of this title.

-CITE-

21 USC Sec. 671 01/06/03

-EXPCITE-

TITLE 21 - FOOD AND DRUGS

CHAPTER 12 - MEAT INSPECTION

SUBCHAPTER IV - AUXILIARY PROVISIONS

-HEAD-

Sec. 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 Secretary's actions;

judicial review; record

-STATUTE-

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.

-SOURCE-

(Mar. 4, 1907, ch. 2907, title IV, Sec. 401, as added Pub. L.

90-201, Sec. 16, Dec. 15, 1967, 81 Stat. 597; amended Pub. L.

99-641, title IV, Sec. 403(b), Nov. 10, 1986, 100 Stat. 3568.)

-MISC1-

AMENDMENTS

1986 - Subsec. (a). Pub. L. 99-641, Sec. 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. 99-641, Sec. 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. 99-641, Sec. 403(b)(6), temporarily

added subsecs. (b) to (e). See Effective and Termination Dates of

1986 Amendment note below.

Subsec. (f). Pub. L. 99-641, Sec. 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. 99-641, Sec. 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. 99-641, Sec. 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.

EFFECTIVE AND TERMINATION DATES OF 1986 AMENDMENT

Section 403(b) of Pub. L. 99-641 provided that the amendment made

by that section is effective only during the 6-year period

beginning Nov. 10, 1986.

EFFECTIVE DATE

Subchapter effective Dec. 15, 1967, see section 20 of Pub. L.

90-201, set out as a note under section 601 of this title.

CONSTRUCTION AND EFFECT OF AMENDMENTS BY PUB. L. 99-641

For provisions relating to construction and effect of temporary

amendments by section 403 of Pub. L. 99-641, see sections 403(e)

and 404 of Pub. L. 99-641, set out as notes entitled ''Inspection

Services for Establishments Not Participating in Total Plant

Quality-Control Program'' and ''Savings Provision'', respectively,

under section 606 of this title.

-CITE-

21 USC Sec. 672 01/06/03

-EXPCITE-

TITLE 21 - FOOD AND DRUGS

CHAPTER 12 - MEAT INSPECTION

SUBCHAPTER IV - AUXILIARY PROVISIONS

-HEAD-

Sec. 672. Administrative detention; duration; pending judicial

proceedings; notification of governmental authorities; release

-STATUTE-

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.

-SOURCE-

(Mar. 4, 1907, ch. 2907, title IV, Sec. 402, as added Pub. L.

90-201, Sec. 16, Dec. 15, 1967, 81 Stat. 598.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 159, 679 of this title.

-CITE-

21 USC Sec. 673 01/06/03

-EXPCITE-

TITLE 21 - FOOD AND DRUGS

CHAPTER 12 - MEAT INSPECTION

SUBCHAPTER IV - AUXILIARY PROVISIONS

-HEAD-

Sec. 673. Seizure and condemnation

-STATUTE-

(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.

-SOURCE-

(Mar. 4, 1907, ch. 2907, title IV, Sec. 403, as added Pub. L.

90-201, Sec. 16, Dec. 15, 1967, 81 Stat. 598; amended Pub. L.

101-205, Sec. 1, Dec. 7, 1989, 103 Stat. 1829.)

-MISC1-

AMENDMENTS

1989 - Subsec. (a). Pub. L. 101-205 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).

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 159, 672 of this title.

-CITE-

21 USC Sec. 674 01/06/03

-EXPCITE-

TITLE 21 - FOOD AND DRUGS

CHAPTER 12 - MEAT INSPECTION

SUBCHAPTER IV - AUXILIARY PROVISIONS

-HEAD-

Sec. 674. Federal court jurisdiction of enforcement and injunction

proceedings and other kinds of cases; limitations of section

607(e) of this title

-STATUTE-

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.

-SOURCE-

(Mar. 4, 1907, ch. 2907, title IV, Sec. 404, as added Pub. L.

90-201, Sec. 16, Dec. 15, 1967, 81 Stat. 599.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 159, 671, 673, 677 of

this title.

-CITE-

21 USC Sec. 675 01/06/03

-EXPCITE-

TITLE 21 - FOOD AND DRUGS

CHAPTER 12 - MEAT INSPECTION

SUBCHAPTER IV - AUXILIARY PROVISIONS

-HEAD-

Sec. 675. Assaulting, resisting, or impeding certain persons;

murder; protection of such persons

-STATUTE-

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.

-SOURCE-

(Mar. 4, 1907, ch. 2907, title IV, Sec. 405, as added Pub. L.

90-201, Sec. 16, Dec. 15, 1967, 81 Stat. 599.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 159 of this title.

-CITE-

21 USC Sec. 676 01/06/03

-EXPCITE-

TITLE 21 - FOOD AND DRUGS

CHAPTER 12 - MEAT INSPECTION

SUBCHAPTER IV - AUXILIARY PROVISIONS

-HEAD-

Sec. 676. Violations

-STATUTE-

(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.

-SOURCE-

(Mar. 4, 1907, ch. 2907, title IV, Sec. 406, as added Pub. L.

90-201, Sec. 16, Dec. 15, 1967, 81 Stat. 599; amended Pub. L.

99-641, title IV, Sec. 403(c), Nov. 10, 1986, 100 Stat. 3570.)

-MISC1-

AMENDMENTS

1986 - Subsec. (b). Pub. L. 99-641, Sec. 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. 99-641, Sec. 403(c)(2), temporarily added

subsec. (c). See Effective and Termination Dates of 1986 Amendment

note below.

EFFECTIVE AND TERMINATION DATES OF 1986 AMENDMENT

Section 403(c) of Pub. L. 99-641 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. 99-641

For provisions relating to construction and effect of temporary

amendments by section 403 of Pub. L. 99-641, see sections 403(e)

and 404 of Pub. L. 99-641, set out as notes entitled ''Inspection

Services for Establishments Not Participating in Total Plant

Quality-Control Program'' and ''Savings Provision'', respectively,

under section 606 of this title.

-CITE-

21 USC Sec. 677 01/06/03

-EXPCITE-

TITLE 21 - FOOD AND DRUGS

CHAPTER 12 - MEAT INSPECTION

SUBCHAPTER IV - AUXILIARY PROVISIONS

-HEAD-

Sec. 677. Other Federal laws applicable for administration and

enforcement of chapter; location of inquiries; jurisdiction of

Federal courts

-STATUTE-

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 (FOOTNOTE 1) of title 15), and the

provisions of section 409(l) (FOOTNOTE 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.

(FOOTNOTE 1) See References in Text note below.

-SOURCE-

(Mar. 4, 1907, ch. 2907, title IV, Sec. 407, as added Pub. L.

90-201, Sec. 16, Dec. 15, 1967, 81 Stat. 599.)

-REFTEXT-

REFERENCES IN TEXT

The 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. 91-452, 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.

-CITE-

21 USC Sec. 678 01/06/03

-EXPCITE-

TITLE 21 - FOOD AND DRUGS

CHAPTER 12 - MEAT INSPECTION

SUBCHAPTER IV - AUXILIARY PROVISIONS

-HEAD-

Sec. 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

-STATUTE-

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 (FOOTNOTE 1) or taking other action, consistent

with this chapter, with respect to any other matters regulated

under this chapter.

(FOOTNOTE 1) So in original. Probably should be

''requirements''.

-SOURCE-

(Mar. 4, 1907, ch. 2907, title IV, Sec. 408, as added Pub. L.

90-201, Sec. 16, Dec. 15, 1967, 81 Stat. 600.)

-CITE-

21 USC Sec. 679 01/06/03

-EXPCITE-

TITLE 21 - FOOD AND DRUGS

CHAPTER 12 - MEAT INSPECTION

SUBCHAPTER IV - AUXILIARY PROVISIONS

-HEAD-

Sec. 679. Application of Federal Food, Drug, and Cosmetic Act

-STATUTE-

(a) Authorities under food, drug, and cosmetic provisions

unaffected

Notwithstanding any other provisions of law, including section

902(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.

-SOURCE-

(Mar. 4, 1907, ch. 2907, title IV, Sec. 409, as added Pub. L.

90-201, Sec. 16, Dec. 15, 1967, 81 Stat. 600; amended Pub. L.

96-88, title V, Sec. 509(b), Oct. 17, 1979, 93 Stat. 695.)

-REFTEXT-

REFERENCES IN TEXT

The Federal Food, Drug, and Cosmetic Act, referred to in subsec.

(b), is act June 25, 1938, ch. 675, 52 Stat. 1040, as amended,

which is classified generally to chapter 9 (Sec. 301 et seq.) of

this title. For complete classification of this Act to the Code,

see section 301 of this title and Tables.

-CHANGE-

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. 96-88, which is classified to

section 3508(b) of Title 20, Education.

-CITE-

21 USC Sec. 679a 01/06/03

-EXPCITE-

TITLE 21 - FOOD AND DRUGS

CHAPTER 12 - MEAT INSPECTION

SUBCHAPTER IV - AUXILIARY PROVISIONS

-HEAD-

Sec. 679a. Safe Meat and Poultry Inspection Panel

-STATUTE-

(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) of this section, 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

The Federal Advisory Committee Act (5 U.S.C. App.) 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.

-SOURCE-

(Mar. 4, 1907, ch. 2907, title IV, Sec. 410, as added Pub. L.

104-127, title IX, Sec. 918(a)(1)(B), Apr. 4, 1996, 110 Stat.

1188.)

-REFTEXT-

REFERENCES IN TEXT

The Federal Advisory Committee Act, referred to in subsec. (h),

is Pub. L. 92-463, Oct. 6, 1972, 86 Stat. 770, as amended, which is

set out in the Appendix to Title 5, Government Organization and

Employees.

The Food and Agriculture Act of 1977, referred to in subsec. (h),

is Pub. L. 95-113, Sept. 29, 1977, 91 Stat. 913, as amended. Title

XVIII of the Act is classified generally to chapter 55A (Sec. 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. 85-172, Aug. 28, 1957, 71 Stat. 441, as amended, which

is classified generally to chapter 10 (Sec. 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.

-MISC2-

PRIOR PROVISIONS

A prior section 410 of act Mar. 4, 1907, was renumbered section

411, and is classified to section 680 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 471 of this title.

-CITE-

21 USC Sec. 679b 01/06/03

-EXPCITE-

TITLE 21 - FOOD AND DRUGS

CHAPTER 12 - MEAT INSPECTION

SUBCHAPTER IV - AUXILIARY PROVISIONS

-HEAD-

Sec. 679b. Pasteurization of meat and poultry

-STATUTE-

(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.

-SOURCE-

(Pub. L. 107-171, title X, Sec. 10808(a), May 13, 2002, 116 Stat.

530.)

-COD-

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 IV of this

chapter.

-CITE-

21 USC Sec. 679c 01/06/03

-EXPCITE-

TITLE 21 - FOOD AND DRUGS

CHAPTER 12 - MEAT INSPECTION

SUBCHAPTER IV - AUXILIARY PROVISIONS

-HEAD-

Sec. 679c. Expansion of Food Safety Inspection Service activities

-STATUTE-

(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 450b(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.

-SOURCE-

(Pub. L. 107-188, title III, Sec. 332, June 12, 2002, 116 Stat.

679.)

-COD-

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 IV of this chapter.

-CITE-

21 USC Sec. 680 01/06/03

-EXPCITE-

TITLE 21 - FOOD AND DRUGS

CHAPTER 12 - MEAT INSPECTION

SUBCHAPTER IV - AUXILIARY PROVISIONS

-HEAD-

Sec. 680. Authorization of appropriations

-STATUTE-

There are hereby authorized to be appropriated such sums as may

be necessary to carry out the provisions of this chapter.

-SOURCE-

(Mar. 4, 1907, ch. 2907, title IV, Sec. 411, formerly Sec. 410, as

added Pub. L. 90-201, Sec. 16, Dec. 15, 1967, 81 Stat. 600;

renumbered Sec. 411, Pub. L. 104-127, title IX, Sec. 918(a)(1)(A),

Apr. 4, 1996, 110 Stat. 1188.)

-CITE-

21 USC SUBCHAPTER V - MISCELLANEOUS PROVISIONS 01/06/03

-EXPCITE-

TITLE 21 - FOOD AND DRUGS

CHAPTER 12 - MEAT INSPECTION

SUBCHAPTER V - MISCELLANEOUS PROVISIONS

.

-HEAD-

SUBCHAPTER V - MISCELLANEOUS PROVISIONS

-CITE-

21 USC Sec. 691 01/06/03

-EXPCITE-

TITLE 21 - FOOD AND DRUGS

CHAPTER 12 - MEAT INSPECTION

SUBCHAPTER V - MISCELLANEOUS PROVISIONS

-HEAD-

Sec. 691. Omitted

-COD-

CODIFICATION

Section, Pub. L. 90-201, Sec. 17, Dec. 15, 1967, 81 Stat. 600;

Pub. L. 103-437, Sec. 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. 104-66, as amended, set out as

a note under section 1113 of Title 31, Money and Finance. See,

also, page 46 of House Document No. 103-7.

-CITE-

21 USC Sec. 692 01/06/03

-EXPCITE-

TITLE 21 - FOOD AND DRUGS

CHAPTER 12 - MEAT INSPECTION

SUBCHAPTER V - MISCELLANEOUS PROVISIONS

-HEAD-

Sec. 692. Inspection extended to reindeer

-STATUTE-

The provisions of the meat inspection law may be extended to the

inspection of reindeer.

-SOURCE-

(June 30, 1914, ch. 131, 38 Stat. 420.)

-REFTEXT-

REFERENCES IN TEXT

The meat inspection law, referred to in text, is classified

generally to this chapter. At the time of enactment, such

reference probably meant the Act of Mar. 4, 1907, ch. 2907, 34

Stat. 1260, as amended. That Act (formerly classified to section

71 et seq. of this title), was generally revised by Pub. L. 90-201,

Dec. 15, 1967, 81 Stat. 584, and is classified to this chapter.

For complete classification of this Act to the Code, see Tables.

-COD-

CODIFICATION

Section was not enacted as part of the Federal Meat Inspection

Act which is classified to subchapters I to IV of this chapter.

Section was formerly classified to section 94 of this title.

-CITE-

21 USC Sec. 693 01/06/03

-EXPCITE-

TITLE 21 - FOOD AND DRUGS

CHAPTER 12 - MEAT INSPECTION

SUBCHAPTER V - MISCELLANEOUS PROVISIONS

-HEAD-

Sec. 693. Inspection of dairy products for export

-STATUTE-

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.

-SOURCE-

(May 23, 1908, ch. 192, 35 Stat. 254.)

-REFTEXT-

REFERENCES IN TEXT

Act 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. 90-201, Dec. 15, 1967, 81 Stat. 584, and is classified to this

chapter.

-COD-

CODIFICATION

Section was not enacted as part of the Federal Meat Inspection

Act which is classified to subchapters I to IV of this chapter.

Section was formerly classified to sections 94a and 132 of this

title.

-CITE-

21 USC Sec. 694 01/06/03

-EXPCITE-

TITLE 21 - FOOD AND DRUGS

CHAPTER 12 - MEAT INSPECTION

SUBCHAPTER V - MISCELLANEOUS PROVISIONS

-HEAD-

Sec. 694. Authorization of appropriations

-STATUTE-

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.

-SOURCE-

(June 30, 1906, ch. 3913, 34 Stat. 679; June 26, 1934, ch. 756,

Sec. 2, 48 Stat. 1225.)

-REFTEXT-

REFERENCES IN TEXT

This 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.

-COD-

CODIFICATION

Section 2 of act June 26, 1934, which was classified to section

725a of former Title 31, Money and Finance, repealed the permanent

appropriation under the title ''Meat inspection, Bureau of Animal

Industry (fiscal year) (3-114)'' effective July 1, 1935, provided

that such portions of any Acts as make permanent appropriations to

be expended under such account are 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 now provided by

the laws providing such permanent appropriations, and authorized,

in addition thereto, the appropriation of ''such other sums as may

be necessary in the enforcement of the meat inspection laws.'' In

the original, the parenthetical ''(U.S.C., title 21, secs. 71 to

96, inclusive)'' followed the phrase ''meat inspection laws''. The

''meat inspection laws'' are classified generally to this chapter.

Section was not enacted as part of the Federal Meat Inspection

Act which is classified to subchapters I to IV of this chapter.

Section was formerly classified to section 95 of this title.

-CITE-

21 USC Sec. 695 01/06/03

-EXPCITE-

TITLE 21 - FOOD AND DRUGS

CHAPTER 12 - MEAT INSPECTION

SUBCHAPTER V - MISCELLANEOUS PROVISIONS

-HEAD-

Sec. 695. Payment of cost of meat-inspection service; exception

-STATUTE-

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.

-SOURCE-

(June 5, 1948, ch. 423, 62 Stat. 344; Pub. L. 107-171, title X,

Sec. 10703(c)(2), May 13, 2002, 116 Stat. 517.)

-REFTEXT-

REFERENCES IN TEXT

Section 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. 107-171, 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.

-COD-

CODIFICATION

Section was not enacted as part of the Federal Meat Inspection

Act which is classified to subchapters I to IV of this chapter.

-MISC3-

AMENDMENTS

2002 - Pub. L. 107-171 substituted ''overtime and holiday pay

paid pursuant to section 2219a of title 7.'' for ''overtime

pursuant to section 394 of title 7.''

Section was formerly classified to section 98 of this title.

-CITE-