-CITE-

21 USC CHAPTER 4 - ANIMALS, MEATS, AND MEAT AND DAIRY

PRODUCTS 01/06/03

-EXPCITE-

TITLE 21 - FOOD AND DRUGS

CHAPTER 4 - ANIMALS, MEATS, AND MEAT AND DAIRY PRODUCTS

.

-HEAD-

CHAPTER 4 - ANIMALS, MEATS, AND MEAT AND DAIRY PRODUCTS

-MISC1-

SUBCHAPTER I - EXAMINATION OF ANIMALS, MEATS, AND MEAT AND DAIRY

PRODUCTS

Sec.

71 to 99. Transferred, Repealed, or Omitted.

SUBCHAPTER II - IMPORTATION OF CATTLE AND QUARANTINE

101. Suspension of importation of all animals.

102 to 107. Repealed or Omitted.

SUBCHAPTER III - PREVENTION OF INTRODUCTION AND SPREAD OF CONTAGION

111 to 113. Repealed or Omitted.

113a. Establishment of research laboratories for foot-and-mouth

disease and other animal diseases; research contracts; employment

of technicians and scientists; appropriations.

114 to 114h. Repealed.

114i. Pseudorabies eradication.

(a) Findings.

(b) Establishment of program.

(c) Use of funds for testing and control of

pseudorabies.

(d) Authorization of appropriations.

115 to 135b. Repealed, Omitted, or Transferred.

136. Additional inspection services.

136a. Collection of fees for inspection services.

(a) Quarantine and inspection fees.

(b) Omitted.

(c) Animal inspection and veterinary diagnostics.

(d) Regulations.

(e) Recovery of amounts owed.

(f) Definitions.

SUBCHAPTER IV - IMPORTATION OF MILK AND CREAM

141. Prohibition of importation without permit.

142. Milk or cream when unfit for importation.

143. Inspection; certified statement in lieu thereof; waiver of

requirements of section 142; regulations; suspension and

revocation of permits.

144. Unlawful receiving of imported milk or cream.

145. Penalties.

146. Authorization of appropriations.

147. Repeal of inconsistent laws.

148. Powers of State with respect to milk or cream lawfully

imported.

149. Definitions.

-CITE-

21 USC SUBCHAPTER I - EXAMINATION OF ANIMALS, MEATS, AND

MEAT AND DAIRY PRODUCTS 01/06/03

-EXPCITE-

TITLE 21 - FOOD AND DRUGS

CHAPTER 4 - ANIMALS, MEATS, AND MEAT AND DAIRY PRODUCTS

SUBCHAPTER I - EXAMINATION OF ANIMALS, MEATS, AND MEAT AND DAIRY

PRODUCTS

.

-HEAD-

SUBCHAPTER I - EXAMINATION OF ANIMALS, MEATS, AND MEAT AND DAIRY

PRODUCTS

-CITE-

21 USC Sec. 71 to 92 01/06/03

-EXPCITE-

TITLE 21 - FOOD AND DRUGS

CHAPTER 4 - ANIMALS, MEATS, AND MEAT AND DAIRY PRODUCTS

SUBCHAPTER I - EXAMINATION OF ANIMALS, MEATS, AND MEAT AND DAIRY

PRODUCTS

-HEAD-

Sec. 71 to 92. Transferred

-COD-

CODIFICATION

Section 71, act Mar. 4, 1907, ch. 2907, 34 Stat. 1260, which

related to inspection of meat and meat food products, examination

of cattle before slaughtering, separate slaughtering of diseased

animals and examination of carcasses, was transferred to section

603 of this title.

Section 72, act Mar. 4, 1907, ch. 2907, 34 Stat. 1260, which

related to post mortem examination of carcasses, marking and

labeling, destruction of condemned carcasses, and reinspection, was

transferred to section 604 of this title.

Section 73, act Mar. 4, 1907, ch. 2907, 34 Stat. 1261, which

related to examination of carcasses brought into slaughtering or

packing establishments and of meat food products issued from and

returned thereto, was transferred to section 605 of this title.

Section 74, act Mar. 4, 1907, ch. 2907, 34 Stat. 1261, which

related to examination and inspection of meat food products, marks

of inspection, destruction of condemned products, and products for

export, was transferred to section 606 of this title.

Section 75, act Mar. 4, 1907, ch. 2907, 34 Stat. 1262, which

related to labeling of receptacles and coverings of meat and meat

food products inspected and passed, supervision by inspectors,

prohibition of sales under false names, was transferred to section

607 of this title.

Section 76, act Mar. 4, 1907, ch. 2907, 34 Stat. 1262, which

related to sanitary inspection and regulation of slaughtering and

packing establishments, and rejection of meat or meat food products

unfit for food, was transferred to section 608 of this title.

Section 77, act Mar. 4, 1907, ch. 2907, 34 Stat. 1262, which

related to examination of cattle and food products thereof

slaughtered and prepared during night time, was transferred to

section 609 of this title.

Section 78, act Mar. 4, 1907, ch. 2907, 34 Stat. 1262, which

related to prohibition of transportation of carcasses, meat, or

meat food products not properly inspected and marked, was

transferred to section 610 of this title.

Section 79, act Mar. 4, 1907, ch. 2907, 34 Stat. 1263, which

related to forgery, alteration, and unauthorized use of marks,

labels, and certificates, was transferred to section 611 of this

title.

Section 80, act Mar. 4, 1907, ch. 2907, 34 Stat. 1263, which

related to inspection of animals for export, was transferred to

section 612 of this title and was subsequently repealed by Pub. L.

107-171, title X, Sec. 10418(a)(19), May 13, 2002, 116 Stat. 508.

Section 81, act Mar. 4, 1907, ch. 2907, 34 Stat. 1263, which

related to certificates of condition of animals for export, was

transferred to section 613 of this title and was subsequently

repealed by Pub. L. 107-171, title X, Sec. 10418(a)(19), May 13,

2002, 116 Stat. 508.

Section 82, act Mar. 4, 1907, ch. 2907, 34 Stat. 1263, which

related to clearance to vessels carrying cattle for export with

proper certificate of inspection, was transferred to section 614 of

this title and was subsequently repealed by Pub. L. 107-171, title

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

Section 83, act Mar. 4, 1907, ch. 2907, 34 Stat. 1263, which

related to inspection of carcasses, the meat of which is intended

for export, was transferred to section 615 of this title.

Section 84, act Mar. 4, 1907, ch. 2907, 34 Stat. 1263, which

related to certificates of condition of carcasses, the meat of

which is intended for export, was transferred to section 616 of

this title.

Section 85, act Mar. 4, 1907, ch. 2907, 34 Stat. 1263, which

related to clearance to vessels carrying meat for export with

proper certificate of inspection, was transferred to section 617 of

this title.

Section 86, act Mar. 4, 1907, ch. 2907, 34 Stat. 1263, which

related to official certificates of inspection and delivery of

copies thereof to different parties, was transferred to section 618

of this title.

Section 87, act Mar. 4, 1907, ch. 2907, 34 Stat. 1264, which

related to prohibition of transportation or sale of meat or meat

food products without complying with provisions of inspection law,

was transferred to section 619 of this title.

Section 88, act Mar. 4, 1907, ch. 2907, 34 Stat. 1264, which

related to offenses and penalties, was transferred to section 620

of this title.

Section 89, act Mar. 4, 1907, ch. 2907, 34 Stat. 1264, which

related to appointment of inspectors, their duties, and rule making

authority of the Secretary of Agriculture, was transferred to

section 621 of this title.

Section 90, act Mar. 4, 1907, ch. 2907, 34 Stat. 1264, which

related to penalties for bribery, was transferred to section 622 of

this title.

Section 91, acts Mar. 4, 1907, ch. 2907, 34 Stat. 1265; June 29,

1938, ch. 810, 52 Stat. 1235, which related to definitions,

exceptions to inspection requirements in case of farmers and

retailers, and penalties for sale of meat and meat food products

unfit for food, was transferred to section 623 of this title.

Section 92, act Mar. 4, 1907, ch. 2907, 34 Stat. 1265, which was

a proviso following the first sentence of section 91 of this title,

was restored to that section and has been transferred to section

623 of this title.

-CITE-

21 USC Sec. 93 01/06/03

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TITLE 21 - FOOD AND DRUGS

CHAPTER 4 - ANIMALS, MEATS, AND MEAT AND DAIRY PRODUCTS

SUBCHAPTER I - EXAMINATION OF ANIMALS, MEATS, AND MEAT AND DAIRY

PRODUCTS

-HEAD-

Sec. 93. Repealed. May 29, 1928, ch. 901, Sec. 1(92), 45 Stat. 993

-MISC1-

Section, act Mar. 4, 1907, ch. 2907, 34 Stat. 1265, related to

statement in annual estimates as to persons employed, their

compensation and expenses.

-CITE-

21 USC Sec. 94 to 95 01/06/03

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TITLE 21 - FOOD AND DRUGS

CHAPTER 4 - ANIMALS, MEATS, AND MEAT AND DAIRY PRODUCTS

SUBCHAPTER I - EXAMINATION OF ANIMALS, MEATS, AND MEAT AND DAIRY

PRODUCTS

-HEAD-

Sec. 94 to 95. Transferred

-COD-

CODIFICATION

Section 94, act June 30, 1914, ch. 131, 38 Stat. 420, which

related to inspection of reindeer, was transferred to section 692

of this title.

Section 94a, act May 23, 1908, ch. 192, 35 Stat. 254, which

related to inspection of dairy products for export, was transferred

to section 693 of this title.

Section 95, acts June 30, 1906, ch. 3913, 34 Stat. 679; June 26,

1934, ch. 756, Sec. 2, 48 Stat. 1225, which related to

authorization of appropriations for expenses of inspection, was

transferred to section 694 of this title.

-CITE-

21 USC Sec. 96 01/06/03

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TITLE 21 - FOOD AND DRUGS

CHAPTER 4 - ANIMALS, MEATS, AND MEAT AND DAIRY PRODUCTS

SUBCHAPTER I - EXAMINATION OF ANIMALS, MEATS, AND MEAT AND DAIRY

PRODUCTS

-HEAD-

Sec. 96. Repealed. Pub. L. 90-201, Sec. 18, Dec. 15, 1967, 81 Stat.

600

-MISC1-

Section, act July 24, 1919, ch. 26, 41 Stat. 241, provided for

marking horse meat transported in interstate commerce. See section

619 of this title.

EFFECTIVE DATE OF REPEAL

Repeal effective Dec. 15, 1967, see section 20 of Pub. L. 90-201,

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

-CITE-

21 USC Sec. 97 to 97d 01/06/03

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TITLE 21 - FOOD AND DRUGS

CHAPTER 4 - ANIMALS, MEATS, AND MEAT AND DAIRY PRODUCTS

SUBCHAPTER I - EXAMINATION OF ANIMALS, MEATS, AND MEAT AND DAIRY

PRODUCTS

-HEAD-

Sec. 97 to 97d. Omitted

-COD-

CODIFICATION

Sections 97 to 97d, act July 30, 1947, ch. 356, title I, Sec. 1,

61 Stat. 531, 532, set up a meat inspection fund and provided for

payment for meat inspection service by the persons or organizations

who were furnished such inspection on and after July 1, 1947. These

provisions ceased to be effective on July 1, 1948, under section 98

of this title which requires the cost of such inspection to be

borne by the United States. The unobligated balance in the meat

inspection fund was carried to the general fund of the Treasury by

act June 19, 1948, ch. 543, Sec. 1, 62 Stat. 515.

-CITE-

21 USC Sec. 98 01/06/03

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TITLE 21 - FOOD AND DRUGS

CHAPTER 4 - ANIMALS, MEATS, AND MEAT AND DAIRY PRODUCTS

SUBCHAPTER I - EXAMINATION OF ANIMALS, MEATS, AND MEAT AND DAIRY

PRODUCTS

-HEAD-

Sec. 98. Transferred

-COD-

CODIFICATION

Section, act June 5, 1948, ch. 423, 62 Stat. 344, which related

to payment of cost of meat inspection, was transferred to section

695 of this title.

-CITE-

21 USC Sec. 99 01/06/03

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TITLE 21 - FOOD AND DRUGS

CHAPTER 4 - ANIMALS, MEATS, AND MEAT AND DAIRY PRODUCTS

SUBCHAPTER I - EXAMINATION OF ANIMALS, MEATS, AND MEAT AND DAIRY

PRODUCTS

-HEAD-

Sec. 99. Repealed. July 28, 1953, ch. 251, title I, Sec. 101, 67

Stat. 208

-MISC1-

Section, act Aug. 31, 1951, ch. 374, title I, Sec. 101, 65 Stat.

229, related to reimbursement for excess expenses of meat

inspection.

-CITE-

21 USC SUBCHAPTER II - IMPORTATION OF CATTLE AND

QUARANTINE 01/06/03

-EXPCITE-

TITLE 21 - FOOD AND DRUGS

CHAPTER 4 - ANIMALS, MEATS, AND MEAT AND DAIRY PRODUCTS

SUBCHAPTER II - IMPORTATION OF CATTLE AND QUARANTINE

.

-HEAD-

SUBCHAPTER II - IMPORTATION OF CATTLE AND QUARANTINE

-CITE-

21 USC Sec. 101 01/06/03

-EXPCITE-

TITLE 21 - FOOD AND DRUGS

CHAPTER 4 - ANIMALS, MEATS, AND MEAT AND DAIRY PRODUCTS

SUBCHAPTER II - IMPORTATION OF CATTLE AND QUARANTINE

-HEAD-

Sec. 101. Suspension of importation of all animals

-STATUTE-

Whenever, in the opinion of the President, it shall be necessary

for the protection of animals in the United States against

infectious or contagious diseases, he may, by proclamation, suspend

the importation of all or any class of animals for a limited time,

and may change, modify, revoke, or renew such proclamation, as the

public good may require; and during the time of such suspension the

importation of any such animals shall be unlawful.

-SOURCE-

(Aug. 30, 1890, ch. 839, Sec. 9, 26 Stat. 416.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 136a of this title.

-CITE-

21 USC Sec. 102 to 105 01/06/03

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TITLE 21 - FOOD AND DRUGS

CHAPTER 4 - ANIMALS, MEATS, AND MEAT AND DAIRY PRODUCTS

SUBCHAPTER II - IMPORTATION OF CATTLE AND QUARANTINE

-HEAD-

Sec. 102 to 105. Repealed. Pub. L. 107-171, title X, Sec.

10418(a)(6), May 13, 2002, 116 Stat. 507

-MISC1-

Section 102, act Aug. 30, 1890, ch. 839, Sec. 7, 26 Stat. 416,

related to quarantine of imported animals.

Section 103, act Aug. 30, 1890, ch. 839, Sec. 8, 26 Stat. 416,

related to prohibition of importation of animals except at

quarantine ports, slaughter of infected animals, appraisal, and

payment.

Section 104, act Aug. 30, 1890, ch. 839, Sec. 6, 26 Stat. 416;

June 28, 1926, ch. 700, Sec. 2, 44 Stat. 775; Feb. 28, 1931, ch.

348, 46 Stat. 1460; July 22, 1954, ch. 558, Sec. 32, 68 Stat. 510;

Jan. 28, 1956, ch. 12, Sec. 1, 70 Stat. 5; Pub. L. 97-461, Sec. 4,

Jan. 12, 1983, 96 Stat. 2524; Pub. L. 103-182, title III, Sec.

361(b), Dec. 8, 1993, 107 Stat. 2122; Pub. L. 103-465, title IV,

Sec. 431(h), Dec. 8, 1994, 108 Stat. 4969, related to importation

of animals.

Section 105, act Aug. 30, 1890, ch. 839, Sec. 10, 26 Stat. 417;

Pub. L. 103-182, title III, Sec. 361(c), Dec. 8, 1993, 107 Stat.

2122; Pub. L. 103-465, title IV, Sec. 431(i), Dec. 8, 1994, 108

Stat. 4969, related to inspection of animals.

-CITE-

21 USC Sec. 106, 107 01/06/03

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TITLE 21 - FOOD AND DRUGS

CHAPTER 4 - ANIMALS, MEATS, AND MEAT AND DAIRY PRODUCTS

SUBCHAPTER II - IMPORTATION OF CATTLE AND QUARANTINE

-HEAD-

Sec. 106, 107. Omitted

-COD-

CODIFICATION

Sections, acts Aug. 10, 1917, ch. 52, Sec. 9, 40 Stat. 275; Nov.

21, 1918, ch. 212, Sec. 3, 40 Stat. 1048, related to slaughter of

tick-infested cattle. Section 12 of act Aug. 10, 1917, provided

that the act should cease to be in effect when the national

emergency resulting from World War I had passed.

-CITE-

21 USC SUBCHAPTER III - PREVENTION OF INTRODUCTION AND

SPREAD OF CONTAGION 01/06/03

-EXPCITE-

TITLE 21 - FOOD AND DRUGS

CHAPTER 4 - ANIMALS, MEATS, AND MEAT AND DAIRY PRODUCTS

SUBCHAPTER III - PREVENTION OF INTRODUCTION AND SPREAD OF CONTAGION

.

-HEAD-

SUBCHAPTER III - PREVENTION OF INTRODUCTION AND SPREAD OF CONTAGION

-CITE-

21 USC Sec. 111, 112 01/06/03

-EXPCITE-

TITLE 21 - FOOD AND DRUGS

CHAPTER 4 - ANIMALS, MEATS, AND MEAT AND DAIRY PRODUCTS

SUBCHAPTER III - PREVENTION OF INTRODUCTION AND SPREAD OF CONTAGION

-HEAD-

Sec. 111, 112. Repealed. Pub. L. 107-171, title X, Sec.

10418(a)(7), (8), May 13, 2002, 116 Stat. 507, 508

-MISC1-

Section 111, act Feb. 2, 1903, ch. 349, Sec. 2, 32 Stat. 792;

July 22, 1954, ch. 558, Sec. 33, 68 Stat. 510; Jan. 28, 1956, ch.

12, Sec. 2, 70 Stat. 5, related to regulations to prevent

contagious diseases.

Section 112, act May 29, 1884, ch. 60, Sec. 4, 23 Stat. 32; Feb.

2, 1903, ch. 349, Sec. 1, 32 Stat. 791; Feb. 7, 1928, ch. 30, 45

Stat. 59, related to investigations as to pleuropneumonia and other

diseases and regulations.

SHORT TITLE

Act Feb. 2, 1903, ch. 349, 32 Stat. 791, classified to former

sections 112 and 120 to 122 of this title, is popularly known as

the Cattle Contagious Diseases Act of 1903.

Act May 29, 1884, ch. 60, 23 Stat. 31, classified to former

sections 112, 113 to 114a-1, 115, 116, 117 to 120, and 130 of this

title and section 391 of Title 7, Agriculture, is popularly known

as the Animal Industry Act.

-CITE-

21 USC Sec. 112a 01/06/03

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TITLE 21 - FOOD AND DRUGS

CHAPTER 4 - ANIMALS, MEATS, AND MEAT AND DAIRY PRODUCTS

SUBCHAPTER III - PREVENTION OF INTRODUCTION AND SPREAD OF CONTAGION

-HEAD-

Sec. 112a. Omitted

-COD-

CODIFICATION

Section, act Feb. 7, 1928, ch. 30, 45 Stat. 59, amended acts May

29, 1884, ch. 60, 23 Stat. 31; Feb. 2, 1903, ch. 349, 32 Stat. 791;

and Mar. 3, 1905, ch. 1496, 33 Stat. 1264, to include live poultry

in their provisions, added ''and/or live poultry'' following ''live

stock'' wherever the term ''live stock'' appeared, and extended the

penalties, terms, and provisions of said acts to live poultry. For

complete classification of such acts to the Code, see Short Title

note set out under section 112 of this title and Tables.

-CITE-

21 USC Sec. 113 01/06/03

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TITLE 21 - FOOD AND DRUGS

CHAPTER 4 - ANIMALS, MEATS, AND MEAT AND DAIRY PRODUCTS

SUBCHAPTER III - PREVENTION OF INTRODUCTION AND SPREAD OF CONTAGION

-HEAD-

Sec. 113. Repealed. Pub. L. 107-171, title X, Sec. 10418(a)(7),

(8), May 13, 2002, 116 Stat. 507, 508

-MISC1-

Section, act May 29, 1884, ch. 60, Sec. 5, 23 Stat. 32; Feb. 2,

1903, ch. 349, Sec. 1, 32 Stat. 791; Feb. 7, 1928, ch. 30, 45 Stat.

59, related to measures to prevent exportation of diseased

livestock and live poultry.

-CITE-

21 USC Sec. 113a 01/06/03

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TITLE 21 - FOOD AND DRUGS

CHAPTER 4 - ANIMALS, MEATS, AND MEAT AND DAIRY PRODUCTS

SUBCHAPTER III - PREVENTION OF INTRODUCTION AND SPREAD OF CONTAGION

-HEAD-

Sec. 113a. Establishment of research laboratories for

foot-and-mouth disease and other animal diseases; research

contracts; employment of technicians and scientists;

appropriations

-STATUTE-

The Secretary of Agriculture is authorized to establish research

laboratories, including the acquisition of necessary land,

buildings, or facilities, and also the making of research contracts

under the authority contained in section 427i(a) of title 7, for

research and study, in the United States or elsewhere, of

foot-and-mouth disease and other animal diseases which in the

opinion of the Secretary constitute a threat to the livestock

industry of the United States: Provided, That no live virus of

foot-and-mouth disease may be introduced for any purpose into any

part of the mainland of the United States (except coastal islands

separated therefrom by water navigable for deep-water navigation

and which shall not be connected with the mainland by any tunnel)

unless the Secretary determines that it is necessary and in the

public interest for the conduct of research and study in the United

States (except at Brookhaven National Laboratory in Upton, New

York) and issues a permit under such rules as the Secretary shall

promulgate to protect animal health, except that the Secretary of

Agriculture may transport said virus in the original package across

the mainland under adequate safeguards, and except further, that in

the event of outbreak of foot-and-mouth disease in this country,

the Secretary of Agriculture may, at his discretion, permit said

virus to be brought into the United States under adequate

safeguards. To carry out the provisions of this section, the

Secretary is authorized to employ technical experts or scientists:

Provided, That the number so employed shall not exceed five and

that the maximum compensation for each shall not exceed the highest

rate of grade 18 of the General Schedule. There is authorized to be

appropriated such sums as Congress may deem necessary; in addition,

the Secretary is authorized to utilize in carrying out this

section, funds otherwise available for the control or eradication

of such diseases.

-SOURCE-

(May 29, 1884, ch. 60, Sec. 12, as added Apr. 24, 1948, ch. 229, 62

Stat. 198; amended July 31, 1956, ch. 804, title I, Sec. 119, 70

Stat. 742; Pub. L. 85-573, July 31, 1958, 72 Stat. 454; Pub. L.

87-793, Sec. 1001(e), Oct. 11, 1962, 76 Stat. 864; Pub. L. 88-426,

title III, Sec. 305(1), Aug. 14, 1964, 78 Stat. 422; Pub. L.

101-624, title XVI, Sec. 1618(b), Nov. 28, 1990, 104 Stat. 3733.)

-COD-

CODIFICATION

Provisions that authorized the Secretary to employ technical

experts and scientists ''without regard to the Classification

Act'', meaning the Classification Act of 1923, were omitted as

obsolete. Sections 1202 and 1204 of the Classification Act of

1949, 63 Stat. 972, 973, repealed the 1923 Act and all laws or

parts of laws inconsistent with the 1949 Act. While section 1106(a)

of the 1949 Act provided that references in other laws to the 1923

Act should be held and considered to mean the 1949 Act, it did not

have the effect of continuing the exception contained in this

section because of section 1106(b) which provided that the

application of the 1949 Act to any position, officer, or employee

shall not be affected by section 1106(a). The Classification Act of

1949 was repealed by Pub. L. 89-554, Sept. 6, 1966, Sec. 8(a), 80

Stat. 632 (the first section of which revised and enacted Title 5,

Government Organization and Employees, into law). Section 5102 of

Title 5 contains the applicability provisions of the 1949 Act, and

section 5103 of Title 5 authorizes the Office of Personnel

Management to determine the applicability to specific positions and

employees.

-MISC3-

AMENDMENTS

1990 - Pub. L. 101-624 substituted ''United States (except'' for

''United States except'' and ''tunnel) unless the Secretary

determines that it is necessary and in the public interest for the

conduct of research and study in the United States (except at

Brookhaven National Laboratory in Upton, New York) and issues a

permit under such rules as the Secretary shall promulgate to

protect animal health,'' for ''tunnel, and''.

1962 - Pub. L. 87-793 substituted ''shall not exceed the highest

rate of grade 18 of the General Schedule'' for ''shall not exceed

$19,000 per annum''.

1958 - Pub. L. 85-573 inserted in proviso clause of first

sentence the exception clause respecting transportation of virus in

original package across mainland under adequate safeguards.

EFFECTIVE DATE OF 1962 AMENDMENT

Amendment by Pub. L. 87-793 effective on first day of first pay

period which begins on or after Oct. 11, 1962.

REPEALS

Act July 31, 1956, ch. 804, title I, Sec. 119, 70 Stat. 742,

which increased the maximum compensation of technical experts or

scientists, was repealed by Pub. L. 88-426, title III, Sec. 305(1),

Aug. 14, 1964, 78 Stat. 422.

REFERENCES IN OTHER LAWS TO GS-16, 17, OR 18 PAY RATES

References in laws to the rates of pay for GS-16, 17, or 18, or

to maximum rates of pay under the General Schedule, to be

considered references to rates payable under specified sections of

Title 5, Government Organization and Employees, see section 529

(title I, Sec. 101(c)(1)) of Pub. L. 101-509, set out in a note

under section 5376 of Title 5.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 113, 114, 118, 119, 136a

of this title.

-CITE-

21 USC Sec. 114 to 114d-1 01/06/03

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TITLE 21 - FOOD AND DRUGS

CHAPTER 4 - ANIMALS, MEATS, AND MEAT AND DAIRY PRODUCTS

SUBCHAPTER III - PREVENTION OF INTRODUCTION AND SPREAD OF CONTAGION

-HEAD-

Sec. 114 to 114d-1. Repealed. Pub. L. 107-171, title X, Sec.

10418(a)(8), (9), May 13, 2002, 116 Stat. 508

-MISC1-

Section 114, act May 29, 1884, ch. 60, Sec. 3, 23 Stat. 32,

related to regulations for suppression of diseases and cooperation

of States and Territories.

Section 114a, act May 29, 1884, ch. 60, Sec. 11, as added Sept.

21, 1944, ch. 412, title I, Sec. 101(a), 58 Stat. 734; amended Oct.

30, 1951, ch. 637, Sec. 1, 65 Stat. 693; Aug. 8, 1953, ch. 381, 67

Stat. 493; Aug. 3, 1956, ch. 950, Sec. 2, 70 Stat. 1032; Pub. L.

87-518, Sec. 7, July 2, 1962, 76 Stat. 131; Pub. L. 101-624, title

XXV, Sec. 2509(c)(2), Nov. 28, 1990, 104 Stat. 4071, related to

control and eradication of diseases, cooperation of States and

farmers' associations, purchase and destruction of diseased

animals, and defined ''State'' for statutory purposes.

A prior section 11 of act May 29, 1884, required annual reports

to Congress concerning the suppression of contagious diseases among

domestic animals, and was classified to section 560 of former Title

5, prior to repeal by act May 29, 1928, ch. 901, Sec. 1, 45 Stat.

993.

Section 114a-1, act May 29, 1884, ch. 60, Sec. 13, as added Oct.

30, 1951, ch. 637, Sec. 2, 65 Stat. 693, related to interstate

movement of domestic animals reacting to tests for brucellosis,

immediate slaughter, and rules and regulations.

Section 114b, act Feb. 28, 1947, ch. 8, Sec. 1, 61 Stat. 7; Pub.

L. 89-521, Sec. 1, July 27, 1966, 80 Stat. 330; Pub. L. 92-152,

Sec. 1, Nov. 5, 1971, 85 Stat. 418; Pub. L. 94-231, Sec. 3, Mar.

15, 1976, 90 Stat. 216; Pub. L. 101-255, Sec. 1(1), Mar. 15, 1990,

104 Stat. 114; Pub. L. 101-624, title XXV, Sec. 2505, Nov. 28,

1990, 104 Stat. 4068, related to cooperation in animal disease

control.

Section 114c, act Feb. 28, 1947, ch. 8, Sec. 2, 61 Stat. 7; Aug.

3, 1956, ch. 950, Sec. 3, 70 Stat. 1033; Pub. L. 92-152, Sec. 2,

Nov. 5, 1971, 85 Stat. 419; Pub. L. 101-255, Sec. 1(2), Mar. 15,

1990, 104 Stat. 114, related to use of funds.

Section 114d, act Feb. 28, 1947, ch. 8, Sec. 3, as added Pub. L.

101-255, Sec. 1(3), Mar. 15, 1990, 104 Stat. 114, related to sale

of sterile screwworms.

A prior section 114d, act Feb. 28, 1947, ch. 8, Sec. 3, 61 Stat.

8, related to reports by Secretary of Agriculture to Congress with

respect to activities carried on under sections 114b and 114c of

this title, prior to repeal by Pub. L. 86-533, Sec. 1(20), June 29,

1960, 74 Stat. 249.

Section 114d-1, act Feb. 28, 1947, ch. 8, Sec. 5, as added Pub.

L. 89-521, Sec. 2, July 27, 1966, 80 Stat. 330; amended Pub. L.

101-255, Sec. 1(5), Mar. 15, 1990, 104 Stat. 114, related to

cooperation with public and private entities.

SHORT TITLE

Section 6 of act Feb. 28, 1947, ch. 8, as added by Pub. L.

101-255, Sec. 1(6), Mar. 15, 1990, 104 Stat. 114, provided that the

act Feb. 28, 1947, ch. 8, which enacted sections 114b to 114d-1 of

this title and provisions set out as a note under former section

114b of this title, could be referred to as the ''Animal Disease

Control Cooperation Act of 1947''.

-CITE-

21 USC Sec. 114d-2 to 114d-6 01/06/03

-EXPCITE-

TITLE 21 - FOOD AND DRUGS

CHAPTER 4 - ANIMALS, MEATS, AND MEAT AND DAIRY PRODUCTS

SUBCHAPTER III - PREVENTION OF INTRODUCTION AND SPREAD OF CONTAGION

-HEAD-

Sec. 114d-2 to 114d-6. Repealed. Pub. L. 92-152, Sec. 3, Nov. 5,

1971, 85 Stat. 419

-MISC1-

Section 114d-2, Pub. L. 90-388, Sec. 1, July 6, 1968, 82 Stat.

294, provided for cooperation with Central America in control and

eradication of foot-and-mouth disease or rinderpest.

Section 114d-3, Pub. L. 90-388, Sec. 2, July 6, 1968, 82 Stat.

294, provided for uses of funds.

Section 114d-4, Pub. L. 90-388, Sec. 3, July 6, 1968, 82 Stat.

294, defined governments of Central America.

Section 114d-5, Pub. L. 90-388, Sec. 4, July 6, 1968, 82 Stat.

294, provided for cooperation with public and private organizations

and individuals.

Section 114d-6, Pub. L. 90-388, Sec. 5, July 6, 1968, 82 Stat.

294, provided for authorization of appropriations.

-CITE-

21 USC Sec. 114e to 114h 01/06/03

-EXPCITE-

TITLE 21 - FOOD AND DRUGS

CHAPTER 4 - ANIMALS, MEATS, AND MEAT AND DAIRY PRODUCTS

SUBCHAPTER III - PREVENTION OF INTRODUCTION AND SPREAD OF CONTAGION

-HEAD-

Sec. 114e to 114h. Repealed. Pub. L. 107-171, title X, Sec.

10418(a)(10), (11), May 13, 2002, 116 Stat. 508

-MISC1-

Section 114e, act June 16, 1948, ch. 477, Sec. 1, 62 Stat. 458,

related to research and investigations into the control and

eradication of cattle grubs.

Section 114f, act June 16, 1948, ch. 477, Sec. 2, 62 Stat. 458,

defined the term ''State'' and authorized appropriations.

Section 114g, Pub. L. 87-209, Sec. 1, Sept. 6, 1961, 75 Stat.

481, related to hog cholera eradication program.

Section 114h, Pub. L. 87-209, Sec. 2, Sept. 6, 1961, 75 Stat.

481, related to advisory committee.

-CITE-

21 USC Sec. 114i 01/06/03

-EXPCITE-

TITLE 21 - FOOD AND DRUGS

CHAPTER 4 - ANIMALS, MEATS, AND MEAT AND DAIRY PRODUCTS

SUBCHAPTER III - PREVENTION OF INTRODUCTION AND SPREAD OF CONTAGION

-HEAD-

Sec. 114i. Pseudorabies eradication

-STATUTE-

(a) Findings

Congress finds that efforts to eradicate pseudorabies in United

States swine populations by the Department of Agriculture in

cooperation with State agencies and the pork industry have a high

priority and should be continued until pseudorabies is completely

eradicated in the United States.

(b) Establishment of program

The Secretary of Agriculture shall establish and carry out a

program for the eradication of pseudorabies in United States swine

populations.

(c) Use of funds for testing and control of pseudorabies

The Secretary shall ensure that not less than 65 percent of the

funds appropriated for the program established under subsection (b)

of this section shall be used for testing and screening of animals

and for other purposes directly related to the eradication or

control of pseudorabies. This requirement on the use of

appropriated funds for this program shall not be implemented in a

manner that would adversely affect any other animal or plant

disease or pest eradication or control program.

(d) Authorization of appropriations

There are authorized to be appropriated for each of the fiscal

years 1991 through 2007 such sums as may be necessary for the

purpose of carrying out the program established under subsection

(b) of this section.

-SOURCE-

(Pub. L. 101-624, title XXV, Sec. 2506, Nov. 28, 1990, 104 Stat.

4068; Pub. L. 104-127, title IX, Sec. 916, Apr. 4, 1996, 110 Stat.

1187; Pub. L. 107-171, title X, Sec. 10505, May 13, 2002, 116 Stat.

511.)

-MISC1-

AMENDMENTS

2002 - Subsec. (d). Pub. L. 107-171 substituted ''2007'' for

''2002''.

1996 - Subsec. (d). Pub. L. 104-127 substituted ''2002'' for

''1995''.

-CITE-

21 USC Sec. 115 to 128 01/06/03

-EXPCITE-

TITLE 21 - FOOD AND DRUGS

CHAPTER 4 - ANIMALS, MEATS, AND MEAT AND DAIRY PRODUCTS

SUBCHAPTER III - PREVENTION OF INTRODUCTION AND SPREAD OF CONTAGION

-HEAD-

Sec. 115 to 128. Repealed. Pub. L. 107-171, title X, Sec.

10418(a)(7), (8), (12)-(14), May 13, 2002, 116 Stat. 507, 508

-MISC1-

Section 115, act May 29, 1884, ch. 60, Sec. 6, 23 Stat. 32; June

28, 1926, ch. 700, Sec. 1, 44 Stat. 774; Feb. 7, 1928, ch. 30, 45

Stat. 59; Pub. L. 87-763, Oct. 9, 1962, 76 Stat. 762, prohibited

transportation of diseased livestock and live poultry.

Section 116, act May 29, 1884, ch. 60, 23 Stat. 31; May 31, 1920,

ch. 217, 41 Stat. 699, related to excepted shipment of certain

cattle.

Section 117, act May 29, 1884, ch. 60, Sec. 7, 23 Stat. 32; Feb.

7, 1928, ch. 30, 45 Stat. 59; Pub. L. 95-439, Sec. 1, Oct. 10,

1978, 92 Stat. 1061; Pub. L. 97-461, Sec. 5, Jan. 12, 1983, 96

Stat. 2524, related to penalties for transportation of diseased

livestock or live poultry.

Section 118, act May 29, 1884, ch. 60, Sec. 9, 23 Stat. 33; June

25, 1948, ch. 646, Sec. 1, 62 Stat. 909, related to duty of United

States attorneys.

Section 119, act May 29, 1884, ch. 60, Sec. 2, 23 Stat. 31; Feb.

9, 1889, ch. 122, Sec. 1, 25 Stat. 659; July 14, 1890, ch. 707, 26

Stat. 288; Feb. 7, 1928, ch. 30, 45 Stat. 59, related to

appointment of agents to examine and report on methods of treatment

of animals, and means for suppression of diseases.

Section 120, act May 29, 1884, ch. 60, Sec. 4, 5, 23 Stat. 32;

Feb. 2, 1903, ch. 349, Sec. 1, 32 Stat. 791; Feb. 7, 1928, ch. 30,

45 Stat. 59, related to regulation of exportation and

transportation of infected livestock and live poultry.

Section 121, act Feb. 2, 1903, ch. 349, Sec. 1, 32 Stat. 791;

Feb. 7, 1928, ch. 30, 45 Stat. 59, related to shipments from areas

suspected to be infected and to control of animals and live

poultry.

Section 122, act Feb. 2, 1903, ch. 349, Sec. 3, 32 Stat. 792;

Pub. L. 97-461, Sec. 6, Jan. 12, 1983, 96 Stat. 2525, related to

offenses and penalties.

Section 123, act Mar. 3, 1905, ch. 1496, Sec. 1, 33 Stat. 1264;

Feb. 7, 1928, ch. 30, 45 Stat. 59; Pub. L. 87-518, Sec. 8(a), July

2, 1962, 76 Stat. 131; Pub. L. 95-439, Sec. 2, Oct. 10, 1978, 92

Stat. 1061, related to quarantine.

Section 124, act Mar. 3, 1905, ch. 1496, Sec. 2, 33 Stat. 1264;

Feb. 7, 1928, ch. 30, 45 Stat. 59; Pub. L. 87-518, Sec. 8(b), July

2, 1962, 76 Stat. 131, prohibited transportation or delivery

therefor from quarantined State or Territory or portion thereof, of

quarantined animals and live poultry.

Section 125, act Mar. 3, 1905, ch. 1496, Sec. 3, 33 Stat. 1265;

Feb. 7, 1928, ch. 30, 45 Stat. 59; Pub. L. 87-518, Sec. 8(b), July

2, 1962, 76 Stat. 131; Pub. L. 95-439, Sec. 3, Oct. 10, 1978, 92

Stat. 1061, related to regulations for inspection, disinfection,

and certification, and delivery and shipment of quarantined animals

and live poultry from State or Territory.

Section 126, act Mar. 3, 1905, ch. 1496, Sec. 4, 33 Stat. 1265;

Feb. 7, 1928, ch. 30, 45 Stat. 59; Pub. L. 87-518, Sec. 8(b), July

2, 1962, 76 Stat. 131, related to moving quarantined animals and

live poultry from State or Territory, under regulations.

Section 127, act Mar. 3, 1905, ch. 1496, Sec. 6, 33 Stat. 1265;

Pub. L. 97-461, Sec. 7, Jan. 12, 1983, 96 Stat. 2525, related to

penalties for transportation from quarantined State, Territory,

etc.

Section 128, act June 30, 1914, ch. 131, 38 Stat. 419; Pub. L.

87-518, Sec. 9, July 2, 1962, 76 Stat. 131, related to extension of

quarantine law to carriers in interstate commerce.

SHORT TITLE

Act Mar. 3, 1905, ch. 1496, 33 Stat. 1264, which enacted sections

123 to 127 of this title, was popularly known as the ''Cattle

Contagious Diseases Act of 1905''.

-CITE-

21 USC Sec. 129 01/06/03

-EXPCITE-

TITLE 21 - FOOD AND DRUGS

CHAPTER 4 - ANIMALS, MEATS, AND MEAT AND DAIRY PRODUCTS

SUBCHAPTER III - PREVENTION OF INTRODUCTION AND SPREAD OF CONTAGION

-HEAD-

Sec. 129. Omitted

-COD-

CODIFICATION

Section, Pub. L. 107-76, title I, Nov. 28, 2001, 115 Stat. 712,

related to transfer of funds for emergency arrest of animal,

poultry, or plant diseases or pests, and was from the Agriculture,

Rural Development, Food and Drug Administration, and Related

Agencies Appropriations Act, 2002. Similar provisons which are

permanent are classified to sections 7772 and 8316 of Title 7,

Agriculture.

-MISC3-

PRIOR PROVISIONS

Provisions similar to those in this section were contained in the

following prior appropriation acts:

Pub. L. 106-387, Sec. 1(a) (title I), Oct. 28, 2000, 114 Stat.

1549, 1549A-9, repealed by Pub. L. 107-171, title X, Sec.

10418(a)(15), May 13, 2002, 116 Stat. 508.

Pub. L. 106-78, title I, Oct. 22, 1999, 113 Stat. 1143.

Pub. L. 105-277, div. A, Sec. 101(a) (title I), Oct. 21, 1998,

112 Stat. 2681, 2681-8.

Pub. L. 105-86, title I, Nov. 18, 1997, 111 Stat. 2086.

Pub. L. 104-180, title I, Aug. 6, 1996, 110 Stat. 1576.

Pub. L. 104-37, title I, Oct. 21, 1995, 109 Stat. 307.

Pub. L. 103-330, title I, Sept. 30, 1994, 108 Stat. 2443.

Pub. L. 103-111, title I, Oct. 21, 1993, 107 Stat. 1054.

Pub. L. 102-341, title I, Aug. 14, 1992, 106 Stat. 882.

Pub. L. 102-142, title I, Oct. 28, 1991, 105 Stat. 886.

Pub. L. 101-506, title I, Nov. 5, 1990, 104 Stat. 1323.

Pub. L. 101-161, title I, Nov. 21, 1989, 103 Stat. 959.

Pub. L. 100-460, title I, Oct. 1, 1988, 102 Stat. 2237.

Pub. L. 100-202, Sec. 101(k) (title I), Dec. 22, 1987, 101 Stat.

1329-322, 1329-331.

Pub. L. 99-500, Sec. 101(a) (title I), Oct. 18, 1986, 100 Stat.

1783, 1783-8, and Pub. L. 99-591, Sec. 101(a) (title I), Oct. 30,

1986, 100 Stat. 3341, 3341-8.

Pub. L. 99-190, Sec. 101(a) (H.R. 3037, title I), Dec. 19, 1985,

99 Stat. 1185.

Pub. L. 98-473, title I, Sec. 101(a) (H.R. 5743, title I), Oct.

12, 1984, 98 Stat. 1837.

Pub. L. 98-151, Sec. 101(d) (H.R. 3223, title I), Nov. 14, 1983,

97 Stat. 972.

Pub. L. 97-370, title I, Dec. 18, 1982, 96 Stat. 1792.

Pub. L. 97-103, title I, Dec. 23, 1981, 95 Stat. 1472.

Pub. L. 96-528, title I, Dec. 15, 1980, 94 Stat. 3099.

Pub. L. 96-108, title I, Nov. 9, 1979, 93 Stat. 826.

Pub. L. 95-448, title I, Oct. 11, 1978, 92 Stat. 1076.

Pub. L. 95-97, title I, Aug. 12, 1977, 91 Stat. 813.

Pub. L. 94-351, title I, July 12, 1976, 90 Stat. 854.

Pub. L. 94-122, title I, Oct. 21, 1975, 89 Stat. 645.

Pub. L. 93-563, title I, Dec. 31, 1974, 88 Stat. 1824.

Pub. L. 93-135, title I, Oct. 24, 1973, 87 Stat. 472.

Pub. L. 92-399, title I, Aug. 22, 1972, 86 Stat. 594.

Pub. L. 92-73, title I, Aug. 10, 1971, 85 Stat. 185.

Pub. L. 91-566, title I, Dec. 22, 1970, 84 Stat. 1482.

Pub. L. 91-127, title I, Nov. 26, 1969, 83 Stat. 246.

Pub. L. 90-463, title I, Aug. 8, 1968, 82 Stat. 640.

Pub. L. 90-113, title I, Oct. 24, 1967, 81 Stat. 321.

Pub. L. 89-556, title I, Sept. 7, 1966, 80 Stat. 690.

Pub. L. 89-316, title I, Nov. 2, 1965, 79 Stat. 1166.

Pub. L. 88-573, title I, Sept. 2, 1964, 78 Stat. 863.

Pub. L. 88-250, title I, Dec. 30, 1963, 77 Stat. 821.

Pub. L. 87-879, title I, Oct. 24, 1962, 76 Stat. 1204.

Pub. L. 87-112, title I, July 26, 1961, 75 Stat. 228.

Pub. L. 86-532, title I, June 29, 1960, 74 Stat. 233.

Pub. L. 86-80, title I, July 8, 1959, 73 Stat. 168.

Pub. L. 85-459, title I, June 13, 1958, 72 Stat. 189.

Pub. L. 85-118, title I, Aug. 2, 1957, 71 Stat. 330.

June 4, 1956, ch. 355, title I, 70 Stat. 230.

May 23, 1955, ch. 43, title I, 69 Stat. 52.

June 29, 1954, ch. 409, title I, 68 Stat. 305.

July 28, 1953, ch. 251, title III, 67 Stat. 223.

July 5, 1952, ch. 574, title III, 66 Stat. 354.

Aug. 31, 1951, ch. 374, title II, 65 Stat. 243.

Sept. 6, 1950, ch. 896, Ch. VI, title I, 64 Stat. 661.

June 29, 1949, ch. 280, title I, 63 Stat. 332.

June 19, 1948, ch. 543, 62 Stat. 515.

July 30, 1947, ch. 356, title I, 61 Stat. 532.

June 22, 1946, ch. 445, 60 Stat. 278.

May 5, 1945, ch. 109, 59 Stat. 144.

June 28, 1944, ch. 296, 58 Stat. 434.

July 12, 1943, ch. 215, 57 Stat. 403.

July 22, 1942, ch. 516, 56 Stat. 676.

July 1, 1941, ch. 267, 55 Stat. 418.

June 25, 1940, ch. 421, 54 Stat. 542.

June 30, 1939, ch. 253, title I, 53 Stat. 951.

June 16, 1938, ch. 464, title I, 52 Stat. 722.

June 29, 1937, ch. 404, 50 Stat. 406.

June 4, 1936, ch. 489, 49 Stat. 1432.

May 17, 1935, ch. 131, title I, 49 Stat. 257.

Mar. 26, 1934, ch. 89, 48 Stat. 477.

Mar. 3, 1933, ch. 203, 47 Stat. 1442.

July 7, 1932, ch. 443, 47 Stat. 620.

Feb. 23, 1931, ch. 278, 46 Stat. 1252.

May 27, 1930, ch. 341, 46 Stat. 403.

Feb. 16, 1929, ch. 227, 45 Stat. 1198.

May 16, 1928, ch. 572, 45 Stat. 548.

Jan. 18, 1927, ch. 39, 44 Stat. 1005.

May 11, 1926, ch. 286, 44 Stat. 529.

Feb. 10, 1925, ch. 200, 43 Stat. 851.

Dec. 5, 1924, ch. 4, 43 Stat. 683.

June 5, 1924, ch. 266, 43 Stat. 458.

Apr. 2, 1924, ch. 81, 43 Stat. 40.

Feb. 26, 1923, ch. 119, 42 Stat. 1318.

May 11, 1922, ch. 185, 42 Stat. 536.

Mar. 4, 1917, ch. 179, 39 Stat. 1167.

-CITE-

21 USC Sec. 129a to 131 01/06/03

-EXPCITE-

TITLE 21 - FOOD AND DRUGS

CHAPTER 4 - ANIMALS, MEATS, AND MEAT AND DAIRY PRODUCTS

SUBCHAPTER III - PREVENTION OF INTRODUCTION AND SPREAD OF CONTAGION

-HEAD-

Sec. 129a to 131. Repealed. Pub. L. 107-171, title X, Sec.

10418(a)(1), (8), (16), May 13, 2002, 116 Stat. 507, 508

-MISC1-

Section 129a, Pub. L. 97-46, Sec. 1, Sept. 25, 1981, 95 Stat.

953; Pub. L. 106-224, title IV, Sec. 438(b), June 20, 2000, 114

Stat. 454, related to transfer of funds for emergency arrest of

animal or poultry diseases. Section was formerly classified to

section 147b of Title 7, Agriculture.

Section 130, act May 29, 1884, ch. 60, Sec. 8, 23 Stat. 33; 1967

Reorg. Plan No. 3, Sec. 402(430), eff. Aug. 11, 1967, 32 F.R.

11669, 81 Stat. 948; Pub. L. 93-198, title IV, Sec. 401, Dec. 24,

1973, 87 Stat. 793, related to pleuropneumonia in District of

Columbia and duties of Council of the District of Columbia.

Section 131, act May 26, 1910, ch. 256, 36 Stat. 440, related to

fences along international boundary lines to keep out diseased

animals.

EFFECTIVE DATE

Pub. L. 97-46, Sec. 2, Sept. 25, 1981, 95 Stat. 953, provided

that section 129a of this title was to become effective Sept. 25,

1981, prior to repeal by Pub. L. 107-171, title X, Sec.

10418(a)(1), May 13, 2002, 116 Stat. 507.

-CITE-

21 USC Sec. 132 01/06/03

-EXPCITE-

TITLE 21 - FOOD AND DRUGS

CHAPTER 4 - ANIMALS, MEATS, AND MEAT AND DAIRY PRODUCTS

SUBCHAPTER III - PREVENTION OF INTRODUCTION AND SPREAD OF CONTAGION

-HEAD-

Sec. 132. Transferred

-COD-

CODIFICATION

Section, act May 23, 1908, ch. 192, 35 Stat. 254, which related

to inspection of dairy products for export, was transferred to

section 693 of this title.

-CITE-

21 USC Sec. 133 01/06/03

-EXPCITE-

TITLE 21 - FOOD AND DRUGS

CHAPTER 4 - ANIMALS, MEATS, AND MEAT AND DAIRY PRODUCTS

SUBCHAPTER III - PREVENTION OF INTRODUCTION AND SPREAD OF CONTAGION

-HEAD-

Sec. 133. Repealed. July 13, 1949, ch. 307, 63 Stat. 410

-MISC1-

Section, act July 24, 1946, ch. 592, 60 Stat. 633, related to

establishment of a quarantine station on Swan Island.

-CITE-

21 USC Sec. 134 to 135b 01/06/03

-EXPCITE-

TITLE 21 - FOOD AND DRUGS

CHAPTER 4 - ANIMALS, MEATS, AND MEAT AND DAIRY PRODUCTS

SUBCHAPTER III - PREVENTION OF INTRODUCTION AND SPREAD OF CONTAGION

-HEAD-

Sec. 134 to 135b. Repealed. Pub. L. 107-171, title X, Sec.

10418(a)(17), (18), May 13, 2002, 116 Stat. 508

-MISC1-

Section 134, Pub. L. 87-518, Sec. 1, July 2, 1962, 76 Stat. 129,

related to definitions for Pub. L. 87-518.

Section 134a, Pub. L. 87-518, Sec. 2, July 2, 1962, 76 Stat. 129,

related to seizure, quarantine, and disposal of livestock or

poultry to guard against introduction or dissemination of

communicable disease.

Section 134b, Pub. L. 87-518, Sec. 3, July 2, 1962, 76 Stat. 130,

related to regulations for clean and sanitary movement of animals.

Section 134c, Pub. L. 87-518, Sec. 4, July 2, 1962, 76 Stat. 130,

related to regulations for movement of animals affected or exposed

to communicable disease.

Section 134d, Pub. L. 87-518, Sec. 5, July 2, 1962, 76 Stat. 130,

related to inspections, seizures, and issuance of warrants.

Section 134e, Pub. L. 87-518, Sec. 6, July 2, 1962, 76 Stat. 131;

Pub. L. 97-461, Sec. 8, Jan. 12, 1983, 96 Stat. 2525, related to

enforcement provisions.

Section 134f, Pub. L. 87-518, Sec. 11, July 2, 1962, 76 Stat.

132, related to promulgation of regulations.

Section 134g, Pub. L. 87-518, Sec. 12, July 2, 1962, 76 Stat.

132, related to authority in addition to other laws and repeal of

inconsistent provisions.

Section 134h, Pub. L. 87-518, Sec. 13, July 2, 1962, 76 Stat.

132, related to separability.

Section 135, Pub. L. 91-239, Sec. 1, May 6, 1970, 84 Stat. 202;

Pub. L. 103-465, title IV, Sec. 431(j), Dec. 8, 1994, 108 Stat.

4969, related to the establishment of international animal

quarantine station, acceptance of gifts, cooperation with breeders'

organizations, and collection of fees.

Section 135a, Pub. L. 91-239, Sec. 2, May 6, 1970, 84 Stat. 202;

Pub. L. 97-461, Sec. 9, Jan. 12, 1983, 96 Stat. 2525, related to

smuggling penalties.

Section 135b, Pub. L. 91-239, Sec. 3, May 6, 1970, 84 Stat. 202,

related to authorization of appropriations.

-CITE-

21 USC Sec. 136 01/06/03

-EXPCITE-

TITLE 21 - FOOD AND DRUGS

CHAPTER 4 - ANIMALS, MEATS, AND MEAT AND DAIRY PRODUCTS

SUBCHAPTER III - PREVENTION OF INTRODUCTION AND SPREAD OF CONTAGION

-HEAD-

Sec. 136. Additional inspection services

-STATUTE-

The Secretary of Agriculture, in carrying out regulations

prohibiting or restricting the entry of materials that may harbor

pests, or diseases, is authorized to enter into agreements with

operators or owners of vessels or aircraft for the purpose of

providing inspection services at points of entry in the United

States in addition to the regular or on-call basis currently

available in connection with such vessels or aircraft. Any such

agreement shall provide for the payment by the operator or owner of

an amount determined by the Secretary to be necessary to defray the

costs of providing additional service pursuant to such agreement.

-SOURCE-

(Pub. L. 101-624, title XXV, Sec. 2508, Nov. 28, 1990, 104 Stat.

4069.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 6 section 231.

-CITE-

21 USC Sec. 136a 01/06/03

-EXPCITE-

TITLE 21 - FOOD AND DRUGS

CHAPTER 4 - ANIMALS, MEATS, AND MEAT AND DAIRY PRODUCTS

SUBCHAPTER III - PREVENTION OF INTRODUCTION AND SPREAD OF CONTAGION

-HEAD-

Sec. 136a. Collection of fees for inspection services

-STATUTE-

(a) Quarantine and inspection fees

(1) Fees authorized

The Secretary of Agriculture may prescribe and collect fees

sufficient -

(A) to cover the cost of providing agricultural quarantine

and inspection services in connection with the arrival at a

port in the customs territory of the United States, or the

preclearance or preinspection at a site outside the customs

territory of the United States, of an international passenger,

commercial vessel, commercial aircraft, commercial truck, or

railroad car;

(B) to cover the cost of administering this subsection; and

(C) through fiscal year 2002, to maintain a reasonable

balance in the Agricultural Quarantine Inspection User Fee

Account established under paragraph (5).

(2) Limitation

In setting the fees under paragraph (1), the Secretary shall

ensure that the amount of the fees is commensurate with the costs

of agricultural quarantine and inspection services with respect

to the class of persons or entities paying the fees. The costs

of the services with respect to passengers as a class includes

the costs of related inspections of the aircraft or other

vehicle.

(3) Status of fees

Fees collected under this subsection by any person on behalf of

the Secretary are held in trust for the United States and shall

be remitted to the Secretary in such manner and at such times as

the Secretary may prescribe.

(4) Late payment penalties

If a person subject to a fee under this subsection fails to pay

the fee when due, the Secretary shall assess a late payment

penalty, and the overdue fees shall accrue interest, as required

by section 3717 of title 31.

(5) Agricultural quarantine inspection user fee account

(A) Establishment

There is established in the Treasury of the United States a

fund, to be known as the ''Agricultural Quarantine Inspection

User Fee Account'', which shall contain all of the fees

collected under this subsection and late payment penalties and

interest charges collected under paragraph (4) through fiscal

year 2002.

(B) Use of account

For each of fiscal years 1996 through 2002, funds in the

Agricultural Quarantine Inspection User Fee Account shall be

available, in such amounts as are provided in advance in

appropriations Acts, to cover the costs associated with the

provision of agricultural quarantine and inspection services

and the administration of this subsection. Amounts made

available under this subparagraph shall be available until

expended.

(C) Excess fees

Fees and other amounts collected under this subsection in any

of fiscal years 1996 through 2002 in excess of $100,000,000

shall be available for the purposes specified in subparagraph

(B) until expended, without further appropriation.

(6) Use of amounts collected after fiscal year 2002

After September 30, 2002, the unobligated balance in the

Agricultural Quarantine Inspection User Fee Account and fees and

other amounts collected under this subsection shall be credited

to the Department of Agriculture accounts that incur the costs

associated with the provision of agricultural quarantine and

inspection services and the administration of this subsection.

The fees and other amounts shall remain available to the

Secretary until expended without fiscal year limitation.

(7) Staff years

The number of full-time equivalent positions in the Department

of Agriculture attributable to the provision of agricultural

quarantine and inspection services and the administration of this

subsection shall not be counted toward the limitation on the

total number of full-time equivalent positions in all agencies

specified in section 5(b) of the Federal Workforce Restructuring

Act of 1994 (Public Law 103-226; 5 U.S.C. 3101 note) or other

limitation on the total number of full-time equivalent positions.

(b) Omitted

(c) Animal inspection and veterinary diagnostics

(1) Animal inspection

The Secretary may prescribe and collect fees to reimburse the

Secretary for the cost of carrying out the provisions of the

Federal Animal Quarantine Laws that relate to the importation,

entry, and exportation of animals, articles, or means of

conveyance.

(2) Veterinary diagnostics

The Secretary may prescribe and collect fees to recover the

costs of carrying out the provisions of the Animal Health

Protection Act (7 U.S.C. 8301 et seq.) that relate to veterinary

diagnostics.

(3) Fees

All fees collected pursuant to this subsection and any late

payment penalties or accrued interest collected pursuant to this

subsection shall be credited to the accounts that incur the cost

and shall remain available until expended without fiscal year

limitation.

(4) Liability

Any person for whom an activity related to the importation,

entry, or exportation of an animal, article, or means of

conveyance or relating to veterinary diagnostics, is performed

pursuant to the section, shall be liable for payment of fees

assessed. Upon failure to pay such fees when due, the Secretary

shall assess a late payment penalty, and such overdue fees shall

accrue interest, as required by section 3717 of title 31. All

fees, late payment penalties, and accrued interest collected

shall be credited to such accounts that incur the costs and shall

remain available until expended without fiscal year limitation.

(5) Leins (FOOTNOTE 1)

(FOOTNOTE 1) So in original. Probably should be ''Liens''.

(A) In general

The Secretary shall have a lien against the animal, article,

means of conveyance, or facility for which services have been

provided under this section for the fees, any late payment

penalty, and any accrued interest assessed under this

subsection.

(B) Other animals, etc.

In the case of any person who fails to make payment when due

under this subsection, the Secretary shall have a lien against

any animal, article, or means of conveyance thereafter

imported, moved in interstate commerce, or attempted to be

exported by the person after the date of such failure until the

date on which such owner or operator make (FOOTNOTE 2) full

payment to the Secretary under this subsection.

(FOOTNOTE 2) So in original. Probably should be ''makes''.

(C) Sales of animals, etc.

(i) Authority

The Secretary may, if a person does not pay fees, late

payment penalties, or accrued interest on such, after

providing reasonable notice of default to such person, sell

at public sale after reasonable public notice, or otherwise

dispose of, any such animal, article, means of conveyance or

facility on which the Secretary has a lien under this

paragraph.

(ii) Excess proceeds

If the sale proceeds under clause (i) exceed the fees due,

any late payment penalty assessed, any accrued interest on

such, and the expenses associated with the sale, such excess

shall be paid to the owner of the animal, article, means of

conveyance, or facility if such owner submits an application

for such excess together with proof of ownership not later

than 6 months after the date of such sale. If no such

application is made, such excess shall be credited to

accounts that incur the costs associated with the fees

collected and shall remain available until expended, without

fiscal year limitation. The Secretary shall suspend

performance of services to persons who have failed to pay

fees, late payment penalty, or accrued interest under this

section.

(d) Regulations

The Secretary may prescribe such regulations as the Secretary

determines necessary to carry out the provisions of this section.

(e) Recovery of amounts owed

An action may be brought for the recovery of fees, late payment

penalties, and accrued interest which have not been paid in

accordance with this section against any person obligated for

payment of such assessments under this section in any United States

district court or other United States court for any territory or

possession in any jurisdiction in which such person is found or

resides or transacts business, and such court shall have

jurisdiction to hear and decide such action.

(f) Definitions

(1) Animal quarantine laws

For purposes of this section, the term ''animal quarantine

laws'' means -

(A) section 306 of the Tariff Act of 1930 (FOOTNOTE 3) (19

U.S.C. 1306);

(FOOTNOTE 3) See References in Text note below.

(B) section 9 of the Act of August 30, 1890 (21 U.S.C. 101);

(C) the Animal Health Protection Act (7 U.S.C. 8301 et seq.);

or

(D) any other Act administered by the Secretary relating to

plant or animal diseases or pests.

(2) Customs territory

For the purposes of subsection (a) of this section, the term

''customs territory of the United States'' means the 50 States,

the District of Columbia, and Puerto Rico.

(3) Person

For the purposes of this section, the term ''person'' means an

individual, corporation, partnership, trust, association, or any

other public or private entity, or any officer, employee, or

agent thereof.

(4) United States

For the purposes of subsection (b) of this section, the term

''United States'' means the several States of the United States,

the District of Columbia, Guam, the Commonwealth of the Northern

Mariana Islands, the Commonwealth of Puerto Rico, the Virgin

Islands of the United States, and all other territories and

possessions of the United States.

(5) Vessel

For the purposes of subsection (a) of this section, the term

''vessel'' does not include any ferry.

-SOURCE-

(Pub. L. 101-624, title XXV, Sec. 2509, Nov. 28, 1990, 104 Stat.

4069; Pub. L. 101-508, title I, Sec. 1203, Nov. 5, 1990, 104 Stat.

1388-11; Pub. L. 102-237, title X, Sec. 1015, Dec. 13, 1991, 105

Stat. 1902; Pub. L. 104-127, title IX, Sec. 917, Apr. 4, 1996, 110

Stat. 1187; Pub. L. 107-171, title X, Sec. 10418(b)(5), May 13,

2002, 116 Stat. 509.)

-REFTEXT-

REFERENCES IN TEXT

The Animal Health Protection Act, referred to in subsecs. (c)(2),

(f)(1)(C), is subtitle E (Sec. 10401-10418) of title X of Pub. L.

107-171, May 13, 2002, 116 Stat. 494, which is classified

principally to chapter 109 (Sec. 8301 et seq.) of Title 7,

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

see Short Title note set out under section 8301 of Title 7 and

Tables.

Section 306 of the Tariff Act of 1930 (19 U.S.C. 1306), referred

to in subsec. (f)(1)(A), was repealed by Pub. L. 107-171, title X,

Sec. 10418(a)(5), May 13, 2002, 116 Stat. 507.

-COD-

CODIFICATION

Section is comprised of section 2509 of Pub. L. 101-624. Subsec.

(b) and another subsec. (c)(2) of section 2509 of Pub. L. 101-624

amended section 7759(f) of Title 7, Agriculture, and section 114a

of this title, respectively.

-MISC3-

AMENDMENTS

2002 - Subsec. (c)(2). Pub. L. 107-171, Sec. 10418(b)(5)(A),

added par. (2) relating to veterinary diagnostics.

Subsec. (f)(1)(B) to (O). Pub. L. 107-171, Sec. 10418(b)(5)(B),

added subpars. (B) to (D) and struck out former subpars. (B) to

(O), which read as follows:

''(B) sections 6 through 10 of the Act of August 30, 1890 (26

Stat. 416, chapter 839; 21 U.S.C. 101-105);

''(C) section 2 of the Act of February 2, 1903 (32 Stat. 792,

chapter 349; 21 U.S.C. 111);

''(D) the Act of May 29, 1884 (23 Stat. 32, chapter 60; 21 U.S.C.

112 to 114a-1, 115, 117-119, and 130) (commonly known as the

'Animal Industry Act');

''(E) the Act of February 28, 1947 (61 Stat. 7, chapter 8; 21

U.S.C. 114b, 114c, and 114d-1);

''(F) the Act of June 16, 1948 (62 Stat. 458, chapter 477; 21

U.S.C. 114e and 114f);

''(G) Public Law 87-209 (21 U.S.C. 114g and 114h);

''(H) the Act of May 31, 1920 (41 Stat. 699, chapter 217; 21

U.S.C. 116);

''(I) the Act of February 2, 1903 (32 Stat. 791, chapter 349; 21

U.S.C. 112 and 120-122) (commonly known as the 'Cattle Contagious

Diseases Act of 1903');

''(J) the Act of March 3, 1905 (33 Stat. 1264, chapter 1496; 21

U.S.C. 123-127) (commonly known as the 'Cattle Contagious Diseases

Act of 1905');

''(K) the matter under the heading 'Bureau of Animal Industry' of

the Act of June 30, 1914 (38 Stat. 419, chapter 131; 21 U.S.C.

128);

''(L) section 101 of Public Law 92-73 (21 U.S.C. 129);

''(M) the matter under the heading 'Miscellaneous' of the Act of

May 26, 1910 (36 Stat. 440, chapter 256; 21 U.S.C. 131);

''(N) sections 1 through 6 and 11 through 13 of Public Law 87-518

(21 U.S.C. 134-134h); or

''(O) any other Act administered by the Secretary relating to

plant or animal diseases or pests, other than the first section of

Public Law 91-239 (21 U.S.C. 135).''

1996 - Subsec. (a). Pub. L. 104-127 added subsec. (a) and struck

out heading and text of former subsec. (a) which consisted of pars.

(1) to (4) relating to quarantine, inspection, and transportation

fees.

1991 - Subsec. (a)(1). Pub. L. 102-237, Sec. 1015(1), designated

existing provisions as subpar. (A), realigned margin, added

heading, and added subpars. (B) to (D).

Subsec. (a)(3)(B)(ii). Pub. L. 102-237, Sec. 1015(2), added cl.

(ii) and struck out former cl. (ii) which read as follows: ''The

Secretary of Treasury shall use the Account to provide

reimbursements to any appropriations accounts that incur the costs

associated with the services authorized in paragraph (1). Any such

reimbursement shall be subject to appropriations under clause

(v).''

Subsec. (a)(4). Pub. L. 102-237, Sec. 1015(3), substituted

''Subject to the limits set forth in paragraph (1), the'' for

''The''.

1990 - Subsec. (a)(1). Pub. L. 101-508, Sec. 1203(1), substituted

''an international passenger, commercial vessel, commercial

aircraft, commercial truck, or railroad car.'' for ''a commercial

vessel, commercial aircraft, commercial truck, or railroad car,''.

Subsec. (a)(3)(B)(ii). Pub. L. 101-508, Sec. 1203(2)(A), inserted

at end ''Any such reimbursement shall be subject to appropriations

under clause (v).''

Subsec. (a)(3)(B)(v). Pub. L. 101-508, Sec. 1203(2)(B), added cl.

(v).

EFFECTIVE DATE OF 1990 AMENDMENT

Amendment by Pub. L. 101-508 effective Nov. 29, 1990, see section

1301 of Pub. L. 101-508, set out as a note under section 511r of

Title 7, Agriculture.

REPORT ON AGRICULTURAL QUARANTINE INSPECTION FUND

Pub. L. 104-66, title I, Sec. 1012(c), Dec. 21, 1995, 109 Stat.

712, provided that: ''The Secretary of Agriculture shall not be

required to submit a report to the appropriate committees of

Congress on the status of the Agricultural Quarantine Inspection

fund more frequently than annually.''

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 6 section 231; title 7

section 1961; title 16 section 1540.

-CITE-

21 USC SUBCHAPTER IV - IMPORTATION OF MILK AND CREAM 01/06/03

-EXPCITE-

TITLE 21 - FOOD AND DRUGS

CHAPTER 4 - ANIMALS, MEATS, AND MEAT AND DAIRY PRODUCTS

SUBCHAPTER IV - IMPORTATION OF MILK AND CREAM

.

-HEAD-

SUBCHAPTER IV - IMPORTATION OF MILK AND CREAM

-MISC1-

FEDERAL FOOD, DRUG, AND COSMETIC ACT

By virtue of act June 25, 1938, ch. 675, Sec. 902(c), 52 Stat.

1059 (section 392(b) of this title), nothing contained in section

301 et seq. of this title shall be construed as in any way

affecting, modifying, repealing, or superseding the provisions of

this subchapter.

-SECREF-

SUBCHAPTER REFERRED TO IN OTHER SECTIONS

This subchapter is referred to in section 392 of this title.

-CITE-

21 USC Sec. 141 01/06/03

-EXPCITE-

TITLE 21 - FOOD AND DRUGS

CHAPTER 4 - ANIMALS, MEATS, AND MEAT AND DAIRY PRODUCTS

SUBCHAPTER IV - IMPORTATION OF MILK AND CREAM

-HEAD-

Sec. 141. Prohibition of importation without permit

-STATUTE-

On and after May 16, 1927, the importation into the United States

of milk and cream is prohibited unless the person by whom such milk

or cream is shipped or transported into the United States holds a

valid permit from the Secretary of Health and Human Services.

-SOURCE-

(Feb. 15, 1927, ch. 155, Sec. 1, 44 Stat. 1101; 1940 Reorg. Plan

No. IV, Sec. 12, eff. June 30, 1940, 5 F.R. 2421, 54 Stat. 1237;

1953 Reorg. Plan No. 1, Sec. 5, eff. Apr. 11, 1953, 18 F.R. 2053,

67 Stat. 631; Pub. L. 96-88, title V, Sec. 509(b), Oct. 17, 1979,

93 Stat. 695.)

-CHANGE-

CHANGE OF NAME

''Secretary of Health and Human Services'' substituted in text

for ''Secretary of Health, Education, and Welfare'' pursuant to

section 509(b) of Pub. L. 96-88, which is classified to section

3508(b) of Title 20, Education.

-MISC4-

SHORT TITLE

Act July 12, 1943, ch. 221, title II, 57 Stat. 499, provided in

part that act Feb. 15, 1927, which is classified to this

subchapter, may be cited as ''Import Milk Act''.

-TRANS-

TRANSFER OF FUNCTIONS

For transfer of functions of Federal Security Administrator to

Secretary of Health, Education, and Welfare (now Health and Human

Services), and of Food and Drug Administration to Federal Security

Agency, see note set out under section 41 of this title.

-CITE-

21 USC Sec. 142 01/06/03

-EXPCITE-

TITLE 21 - FOOD AND DRUGS

CHAPTER 4 - ANIMALS, MEATS, AND MEAT AND DAIRY PRODUCTS

SUBCHAPTER IV - IMPORTATION OF MILK AND CREAM

-HEAD-

Sec. 142. Milk or cream when unfit for importation

-STATUTE-

Milk or cream shall be considered unfit for importation (1) when

all cows producing such milk or cream are not healthy and a

physical examination of all such cows has not been made within one

year previous to such milk being offered for importation; (2) when

such milk or cream, if raw, is not produced from cows which have

passed a tuberculin test applied by a duly authorized official

veterinarian of the United States, or of the country in which such

milk or cream is produced, within one year previous to the time of

the importation, showing that such cows are free from tuberculosis;

(3) when the sanitary conditions of the dairy farm or plant in

which such milk or cream is produced or handled do not score at

least fifty points out of one hundred points according to the

methods for scoring as provided by the score cards used by the

Bureau of Dairy Industry of the United States Department of

Agriculture at the time such dairy farms or plants are scored; (4)

in the case of raw milk if the number of bacteria per cubic

centimeter exceeds three hundred thousand and in the case of raw

cream seven hundred and fifty thousand, in the case of pasteurized

milk if the number of bacteria per cubic centimeter exceeds one

hundred thousand, and in the case of pasteurized cream five hundred

thousand; (5) when the temperature of milk or cream at the time of

importation exceeds fifty degrees Fahrenheit.

-SOURCE-

(Feb. 15, 1927, ch. 155, Sec. 2, 44 Stat. 1101.)

-TRANS-

TRANSFER OF FUNCTIONS

Agricultural Research Service became the successor to functions

of Bureau of Dairy Industry under Secretary of Agriculture's

Memorandum 1320, Supplement 4, Nov. 2, 1953.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 143 of this title.

-CITE-

21 USC Sec. 143 01/06/03

-EXPCITE-

TITLE 21 - FOOD AND DRUGS

CHAPTER 4 - ANIMALS, MEATS, AND MEAT AND DAIRY PRODUCTS

SUBCHAPTER IV - IMPORTATION OF MILK AND CREAM

-HEAD-

Sec. 143. Inspection; certified statement in lieu thereof; waiver

of requirements of section 142; regulations; suspension and

revocation of permits

-STATUTE-

The Secretary of Health and Human Services shall cause such

inspections to be made as are necessary to insure that milk and

cream are so produced and handled as to comply with the provisions

of section 142 of this title, and in all cases when he finds that

such milk and/or cream is produced and handled so as not to be

unfit for importation under clauses 1, 2, and 3 of section 142 of

this title, he shall issue to persons making application therefor

permits to ship milk and/or cream into the United States: Provided,

That in lieu of the inspections to be made by or under the

direction of the Secretary he may, in his discretion, accept a duly

certified statement signed by a duly accredited official of an

authorized department of any foreign government and/or of any State

of the United States or any municipality thereof that the

provisions in clauses 1, 2, and 3 of section 142 of this title have

been complied with. Such certificate of the accredited official of

an authorized department of any foreign government shall be in the

form prescribed by the Secretary, who is authorized and directed to

prescribe such form as well as rules and regulations regulating the

issuance of permits to import milk or cream into the United States.

The Secretary is authorized, in his discretion, to waive the

requirement of clause 4 of section 142 of this title when issuing

permits to operators of condenseries in which milk and/or cream is

used when sterilization of the milk and/or cream is a necessary

process: Provided, however, That no milk and/or cream shall be

imported whose bacterial count per cubic centimeter in any event

exceeds one million two hundred thousand: Provided, further, That

such requirements shall not be waived unless the farm producing

such milk to be imported is within a radius of fifteen miles of the

condensery in which it is to be processed: Provided further, That

if milk and/or cream imported when the requirements of clause 4 of

section 142 of this title, have been so waived, is sold, used, or

disposed of in its raw state or otherwise than as condensed milk by

any person, the permit shall be revoked and the importer shall be

subject to fine, imprisonment, or other penalty prescribed by this

subchapter.

The Secretary is directed to waive the requirements of clauses 2

and 5 of section 142 of this title insofar as the same relate to

milk when issuing permits to operators of, or to producers for

delivery to, creameries and condensing plants in the United States

within twenty miles of the point of production of the milk, and who

import no raw milk except for pasteurization or condensing:

Provided, That if milk imported when the requirements of clauses 2

and 5 of section 142 of this title have been so waived is sold,

used, or disposed of in its raw state, or otherwise than as

pasteurized, condensed, or evaporated milk by any person, the

permit shall be revoked and the importer shall be subjected to

fine, imprisonment, or other penalty prescribed by this subchapter.

The Secretary is authorized and directed to make and enforce such

regulations as may in his judgment be necessary to carry out the

purpose of this subchapter for the handling of milk and cream, for

the inspection of milk, cream, cows, barns, and other facilities

used in the production and handling of milk and/or cream and the

handling, keeping, transporting, and importing of milk and/or

cream: Provided, however, That unless and until the Secretary shall

provide for inspections to ascertain that clauses 1, 2, and 3 of

section 142 of this title have been complied with, the Secretary

shall issue temporary permits to any applicants therefor to ship or

transport milk and/or cream into the United States.

The Secretary is authorized to suspend or revoke any permit for

the shipment of milk or cream into the United States when he shall

find that the holder thereof has failed to comply with the

provisions of or has violated this subchapter or any of the

regulations made hereunder, or that the milk and/or cream brought

or shipped by the holder of such permit into the United States is

not produced and handled in conformity with, or that the quality

thereof does not conform to, all of the provisions of section 142

of this title.

-SOURCE-

(Feb. 15, 1927, ch. 155, Sec. 3, 44 Stat. 1102; 1940 Reorg. Plan

No. IV, Sec. 12, eff. June 30, 1940, 5 F.R. 2421, 54 Stat. 1237;

1953 Reorg. Plan No. 1, Sec. 5, eff. Apr. 11, 1953, 18 F.R. 2053,

67 Stat. 631; Pub. L. 96-88, title V, Sec. 509(b), Oct. 17, 1979,

93 Stat. 695.)

-CHANGE-

CHANGE OF NAME

''Secretary of Health and Human Services'' substituted in text

for ''Secretary of Health, Education, and Welfare'' pursuant to

section 509(b) of Pub. L. 96-88, which is classified to section

3508(b) of Title 20, Education.

-TRANS-

TRANSFER OF FUNCTIONS

For transfer of functions of Federal Security Administrator to

Secretary of Health, Education, and Welfare (now Health and Human

Services), and of Food and Drug Administration to Federal Security

Agency, see note set out under section 41 of this title.

-CITE-

21 USC Sec. 144 01/06/03

-EXPCITE-

TITLE 21 - FOOD AND DRUGS

CHAPTER 4 - ANIMALS, MEATS, AND MEAT AND DAIRY PRODUCTS

SUBCHAPTER IV - IMPORTATION OF MILK AND CREAM

-HEAD-

Sec. 144. Unlawful receiving of imported milk or cream

-STATUTE-

It shall be unlawful for any person in the United States to

receive milk or cream imported into the United States unless the

importation is in accordance with the provisions of this

subchapter.

-SOURCE-

(Feb. 15, 1927, ch. 155, Sec. 4, 44 Stat. 1103.)

-CITE-

21 USC Sec. 145 01/06/03

-EXPCITE-

TITLE 21 - FOOD AND DRUGS

CHAPTER 4 - ANIMALS, MEATS, AND MEAT AND DAIRY PRODUCTS

SUBCHAPTER IV - IMPORTATION OF MILK AND CREAM

-HEAD-

Sec. 145. Penalties

-STATUTE-

Any person who knowingly violates any provision of this

subchapter shall, in addition to all other penalties prescribed by

law, be punished by a fine of not less than $50 nor more than

$2,000, or by imprisonment for not more than one year, or by both

such fine and imprisonment.

-SOURCE-

(Feb. 15, 1927, ch. 155, Sec. 5, 44 Stat. 1103.)

-CITE-

21 USC Sec. 146 01/06/03

-EXPCITE-

TITLE 21 - FOOD AND DRUGS

CHAPTER 4 - ANIMALS, MEATS, AND MEAT AND DAIRY PRODUCTS

SUBCHAPTER IV - IMPORTATION OF MILK AND CREAM

-HEAD-

Sec. 146. Authorization of appropriations

-STATUTE-

There is authorized to be appropriated, out of any moneys in the

Treasury not otherwise appropriated, the sum of $50,000 per annum,

to enable the Secretary of Health and Human Services to carry out

the provisions of this subchapter.

-SOURCE-

(Feb. 15, 1927, ch. 155, Sec. 6, 44 Stat. 1103; 1940 Reorg. Plan

No. IV, Sec. 12, eff. June 30, 1940, 5 F.R. 2421, 54 Stat. 1237;

1953 Reorg. Plan No. 1, Sec. 5, eff. Apr. 11, 1953, 18 F.R. 2053,

67 Stat. 631; Pub. L. 96-88, title V, Sec. 509(b), Oct. 17, 1979,

93 Stat. 695.)

-CHANGE-

CHANGE OF NAME

''Secretary of Health and Human Services'' substituted in text

for ''Secretary of Health, Education, and Welfare'' pursuant to

section 509(b) of Pub. L. 96-88, which is classified to section

3508(b) of Title 20, Education.

-TRANS-

TRANSFER OF FUNCTIONS

For transfer of functions of Federal Security Administrator to

Secretary of Health, Education, and Welfare (now Health and Human

Services), and of Food and Drug Administration to Federal Security

Agency, see Transfer of Functions note set out under section 41 of

this title.

-CITE-

21 USC Sec. 147 01/06/03

-EXPCITE-

TITLE 21 - FOOD AND DRUGS

CHAPTER 4 - ANIMALS, MEATS, AND MEAT AND DAIRY PRODUCTS

SUBCHAPTER IV - IMPORTATION OF MILK AND CREAM

-HEAD-

Sec. 147. Repeal of inconsistent laws

-STATUTE-

Any laws or parts of laws inconsistent with this subchapter are

repealed.

-SOURCE-

(Feb. 15, 1927, ch. 155, Sec. 7, 44 Stat. 1103.)

-CITE-

21 USC Sec. 148 01/06/03

-EXPCITE-

TITLE 21 - FOOD AND DRUGS

CHAPTER 4 - ANIMALS, MEATS, AND MEAT AND DAIRY PRODUCTS

SUBCHAPTER IV - IMPORTATION OF MILK AND CREAM

-HEAD-

Sec. 148. Powers of State with respect to milk or cream lawfully

imported

-STATUTE-

Nothing in this subchapter is intended nor shall be construed to

affect the powers of any State, or any political subdivision

thereof, to regulate the shipment of milk or cream into, or the

handling, sale, or other disposition of milk or cream in, such

State or political subdivision after the milk and/or cream shall

have been lawfully imported under the provisions of this

subchapter.

-SOURCE-

(Feb. 15, 1927, ch. 155, Sec. 8, 44 Stat. 1103.)

-CITE-

21 USC Sec. 149 01/06/03

-EXPCITE-

TITLE 21 - FOOD AND DRUGS

CHAPTER 4 - ANIMALS, MEATS, AND MEAT AND DAIRY PRODUCTS

SUBCHAPTER IV - IMPORTATION OF MILK AND CREAM

-HEAD-

Sec. 149. Definitions

-STATUTE-

When used in this subchapter -

(a) The term ''person'' means an individual, partnership,

association, or corporation.

(b) The term ''United States'' means the fifty States and the

District of Columbia.

-SOURCE-

(Feb. 15, 1927, ch. 155, Sec. 9, 44 Stat. 1103; Pub. L. 86-70, Sec.

19, June 25, 1959, 73 Stat. 145; Pub. L. 86-624, Sec. 15, July 12,

1960, 74 Stat. 415.)

-MISC1-

AMENDMENTS

1960 - Subsec. (b). Pub. L. 86-624 substituted ''means the fifty

States and the District of Columbia'' for ''means continental

United States, including Alaska''.

1959 - Subsec. (b). Pub. L. 86-70 inserted '', including Alaska''

after ''continental United States''.

-CITE-