Meat Inspection (21 U.S.C. 601-695)

Page 469 TITLE 21—FOOD AND DRUGS §§ 501 to 517 CODIFICATION Pub. L. 110–234 and Pub. L. 110–246 enacted identical sections. Pub. L. 110–234 was repealed by section 4(a) of Pub. L. 110–246. EFFECTIVE DATE Enactment of this section and repeal of Pub. L. 110–234 by Pub. L. 110–246 effective May 22, 2008, the date of enactment of Pub. L. 110–234, see section 4 of Pub. L. 110–246, set out as a note under section 8701 of Title 7, Agriculture. CHAPTER 11—MANUFACTURE OF NARCOTIC DRUGS §§ 501 to 517. Repealed. Pub. L. 91–513, title III, § 1101(a)(10), Oct. 27, 1970, 84 Stat. 1292 Sections, Pub. L. 86–429, Apr. 22, 1960, 74 Stat. 55, pro vided for licensing and control of the manufacture of all narcotic drugs and was known as the ‘‘Narcotic Manufacturing Act of 1960’’. Sections 1 to 3 and 5 to 22 of said Pub. L. 86–429 were classified respectively to sec tions 501, 501 notes, and 502 to 517 of this title. Section 4 of Pub. L. 86–429 was classified to sections 4702, 4731, and 4731 note of Title 26, Internal Revenue Code. See section 801 et seq. of this title. EFFECTIVE DATE OF REPEAL Repeal effective on first day of seventh calendar month that begins after Oct. 26, 1970, see section 1105(a) of Pub. L. 91–513, set out as a note under section 951 of this title. For provisions postponing such effective date if the Attorney General postpones the effective date of section 826 of this title, see section 1105(c) of Pub. L. 91–513, set out as an Effective Date note under section 951 of this title. SAVINGS PROVISION Prosecutions for any violation of law occurring, and civil seizures or forfeitures and injunctive proceedings commenced, prior to the effective date of repeal of these sections by section 1101 of Pub. L. 91–513 not to be affected or abated by reason thereof, see section 1103 of Pub. L. 91–513, set out as a note under sections 171 to 174 of this title. CHAPTER 12—MEAT INSPECTION SUBCHAPTER I—INSPECTION REQUIREMENTS; ADULTERATION AND MISBRANDING Sec. 601. Definitions. 602. Congressional statement of findings. 603. Examination of animals prior to slaughter; use of humane methods. 604. Post mortem examination of carcasses and marking or labeling; destruction of car casses 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. Inspection and labeling of meat food prod ucts. 607. Labeling, marking, and container require ments. 608. Sanitary inspection and regulation of slaugh tering and packing establishments; rejec tion of adulterated meat or meat food prod ucts. 609. Examination of animals and food products thereof, slaughtered and prepared during nighttime. 610. Prohibited acts. 611. Devices, marks, labels, and certificates; sim ulations. 612. Notification. Sec. 613. Plans and reassessments. 614. Repealed. 615. Inspection of carcasses, meat of which is in tended for export. 616. Inspectors of carcasses, etc., meat of which is intended for export; certificates of condi tion. 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. 621. Inspectors to make examinations provided for; appointment; duties; regulations. 622. Bribery of or gifts to inspectors or other offi cers and acceptance of gifts. 623. Exemptions from inspection requirements. 624. Storage and handling regulations; violations; exemption of establishments subject to non-Federal jurisdiction. 625. Inapplicability of certain requirements to catfish. SUBCHAPTER II—MEAT PROCESSORS AND RELATED INDUSTRIES 641. Prohibition of subchapter I inspection of arti cles not intended for use as human food; de naturation or other identification prior to distribution in commerce; inedible articles. 642. Recordkeeping requirements. 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 Ter ritorial business transactions of a local na ture and not subject to local authority. SUBCHAPTER III—FEDERAL AND STATE COOPERATION 661. Federal and State cooperation. SUBCHAPTER IV—AUXILIARY PROVISIONS 671. Inspection services; refusal or withdrawal; hearing; business unfitness based upon cer tain convictions; other provisions for with drawal of services unaffected; responsible connection with business; finality of Sec retary’s actions; judicial review; record. 672. Administrative detention; duration; pending judicial proceedings; notification of govern mental authorities; release. 673. Seizure and condemnation. 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. 677. Other Federal laws applicable for administra tion and enforcement of chapter; location of inquiries; jurisdiction of Federal courts. 678. Non-Federal jurisdiction of federally regu lated matters; prohibition of additional or different requirements for establishments with inspection services and as to marking, labeling, packaging, and ingredients; rec ordkeeping and related requirements; con current jurisdiction over distribution for human food purposes of adulterated or mis branded and imported articles; other mat ters. 679. Application of Federal Food, Drug, and Cos metic Act. Page 470 TITLE 21—FOOD AND DRUGS § 601 Sec. 679a. Safe Meat and Poultry Inspection Panel. 679b. Pasteurization of meat and poultry. 679c. Expansion of Food Safety Inspection Service activities. 680. Authorization of appropriations. SUBCHAPTER IV–A—INSPECTIONS BY FEDERAL AND STATE AGENCIES 683. Interstate shipment of meat inspected by Federal and State agencies for certain small establishments. 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. SUBCHAPTER I—INSPECTION REQUIRE MENTS; ADULTERATION AND MISBRAND ING § 601. Definitions 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 dele gate. (b) The term ‘‘firm’’ means any partnership, association, or other unincorporated business organization. (c) The term ‘‘meat broker’’ means any per son, 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 con ducted 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 car casses, 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 Dis trict 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 Terri tories 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 con tain meat or other portions of such carcasses only in a relatively small proportion or histori cally 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 prod ucts. 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 regula tions 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 circum stances: (1) if it bears or contains any poisonous or deleterious substance which may render it in jurious 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 ad ministration of any substance to the live ani mal 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 agricul tural 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 adulter ated if use of the pesticide chemical, food ad ditive, or color additive in or on such article is prohibited by regulations of the Secretary in establishments at which inspection is main tained 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, un wholesome, or otherwise unfit for human food; Page 471 TITLE 21—FOOD AND DRUGS § 601 (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 sub stance which may render the contents injuri ous 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 there from; or if any substance has been substituted, wholly or in part therefor; or if damage or in feriority 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 great er value than it is; or (9) if it is margarine containing animal fat and any of the raw material used therein con sisted 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 circum stances: (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, un less its label bears, in type of uniform size and prominence, the word ‘‘imitation’’ and imme diately thereafter, the name of the food imi tated; (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 es tablished, by regulations prescribed by the Secretary; (6) if any word, statement, or other informa tion required by or under authority of this chapter to appear on the label or other label ing 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 ordi nary 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 def inition 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 op tional ingredients (other than spices, flavor ing, 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 regula tions 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 regu lations 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 nam ing 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 fla voring, artificial coloring, or chemical pre servative, unless it bears labeling stating that fact: Provided, That, to the extent that compli ance with the requirements of this subpara graph (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 regula tions prescribe, the inspection legend and, un restricted 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 han dling required to maintain the article in a wholesome condition. (o) The term ‘‘label’’ means a display of writ ten, printed, or graphic matter upon the imme diate 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 Cos metic 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 ad ditive,’’ ‘‘color additive,’’ and ‘‘raw agricultural Page 472 TITLE 21—FOOD AND DRUGS § 601 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 offi cial inspection legend or any other symbol pre scribed by regulations of the Secretary to iden tify 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 in spected and passed in accordance with this chap ter. (u) The term ‘‘official certificate’’ means any certificate prescribed by regulations of the Sec retary for issuance by an inspector or other per son performing official functions under this chapter. (v) The term ‘‘official device’’ means any de vice prescribed or authorized by the Secretary for use in applying any official mark. (w) The term ‘‘amenable species’’ means— (1) those species subject to the provisions of this chapter on the day before November 10, 2005; (2) catfish, as defined by the Secretary; and (3) any additional species of livestock that the Secretary considers appropriate. (Mar. 4, 1907, ch. 2907, title I, § 1, as added Pub. L. 90–201, § 2, Dec. 15, 1967, 81 Stat. 584; amended Pub. L. 96–88, title V, § 509(b), Oct. 17, 1979, 93 Stat. 695; Pub. L. 102–571, title I, § 107(14), Oct. 29, 1992, 106 Stat. 4499; Pub. L. 109–97, title VII, § 798[(a)](2), Nov. 10, 2005, 119 Stat. 2166; Pub. L. 110–234, title XI, § 11016(b)(1)(A), May 22, 2008, 122 Stat. 1369; Pub. L. 110–246, § 4(a), title XI, § 11016(b)(1)(A), June 18, 2008, 122 Stat. 1664, 2130.) 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 (§ 301 et seq.) of this title. For complete clas sification of this Act to the Code, see section 301 of this title and Tables. CODIFICATION Pub. L. 110–234 and Pub. L. 110–246 made identical amendments to this section. The amendments by Pub. L. 110–234 were repealed by section 4(a) of Pub. L. 110–246. AMENDMENTS 2008—Subsec. (w)(2), (3). Pub. L. 110–246, § 11016(b)(1)(A), added par. (2) and redesignated former par. (2) as (3). 2005—Par. (w). Pub. L. 109–97 added par. (w). 1992—Par. (m)(2)(D). Pub. L. 102–571 substituted ‘‘379e’’ for ‘‘376’’. CHANGE OF NAME ‘‘Secretary of Health and Human Services’’ sub stituted for ‘‘Secretary of Health, Education, and Wel fare’’ 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. EFFECTIVE DATE OF 2008 AMENDMENT Amendment of this section and repeal of Pub. L. 110–234 by Pub. L. 110–246 effective May 22, 2008, the date of enactment of Pub. L. 110–234, except as other wise provided, see section 4 of Pub. L. 110–246, set out as an Effective Date note under section 8701 of Title 7, Agriculture. Pub. L. 110–234, title XI, § 11016(b)(2)(A), May 22, 2008, 122 Stat. 1369, and Pub. L. 110–246, § 4(a), title XI, § 11016(b)(2)(A), June 18, 2008, 122 Stat. 1664, 2131, pro vided that: ‘‘The amendments made by paragraph (1) [enacting sections 606 and 625 of this title, amending this section, and repealing former section 606 of this title] shall not apply until the date on which the Sec retary of Agriculture issues final regulations (after pro viding a period of public comment, including through the conduct of public meetings or hearings, in accord ance with chapter 5 of title 5, United States Code) to carry out such amendments.’’ [Pub. L. 110–234 and Pub. L. 110–246 enacted identical provisions. Pub. L. 110–234 was repealed by section 4(a) of Pub. L. 110–246, set out as a note under section 8701 of Title 7, Agriculture.] EFFECTIVE DATE OF 2005 AMENDMENT Pub. L. 109–97, title VII, § 798(b), Nov. 10, 2005, 119 Stat. 2166, provided that: ‘‘The amendments made by subsection (a) [amending this section and sections 603 to 605, 608, 609, 615, and 617 to 621 of this title] shall take effect on the day after the effective date of section 794 of the Agriculture, Rural Development, Food and Drug Administration, and Related Agencies Appropriations Act, 2006 [section 794 of Pub. L. 109–97, 119 Stat. 2164, ef fective 120 days after Nov. 10, 2005].’’ 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 sec tion 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 effec tive upon the expiration of sixty days after enactment [Dec. 15, 1967], hereof. ‘‘(b) The provisions of title I of the Federal Meat In spection 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 expira tion 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, § 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, § 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, Agri culture, 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 ‘Hu mane 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 Page 473 TITLE 21—FOOD AND DRUGS § 603 to 645, 661, 671 to 680, and 691 of this title, amending sec tions 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 sec tion] 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–A of this chapter, are designated as the ‘‘Federal Meat Inspection Act’’. REGULATIONS Pub. L. 110–234, title XI, § 11016(b)(2)(B), May 22, 2008, 122 Stat. 1370, and Pub. L. 110–246, § 4(a), title XI, § 11016(b)(2)(B), June 18, 2008, 122 Stat. 1664, 2131, pro vided that: ‘‘Not later than 18 months after the date of the enactment of this Act [June 18, 2008], the Secretary of Agriculture, in consultation with the Commissioner of Food and Drugs, shall issue final regulations to carry out the amendments made by paragraph (1) [en acting sections 606 and 625 of this title, amending this section, and repealing former section 606 of this title].’’ [Pub. L. 110–234 and Pub. L. 110–246 enacted identical provisions. Pub. L. 110–234 was repealed by section 4(a) of Pub. L. 110–246, set out as a note under section 8701 of Title 7, Agriculture.] SEPARABILITY Section 19 of Pub. L. 90–201 provided that: ‘‘If any pro vision 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 va lidity of the remainder of the Act and the remaining amendments [see Short Title note above] and of the ap plication of such provision to other persons and cir cumstances shall not be affected thereby.’’ § 602. Congressional statement of findings 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 for eign commerce. It is essential in the public in terest that the health and welfare of consumers be protected by assuring that meat and meat food products distributed to them are whole some, not adulterated, and properly marked, la beled, and packaged. Unwholesome, adulterated, or misbranded meat or meat food products im pair the effective regulation of meat and meat food products in interstate or foreign commerce, are injurious to the public welfare, destroy mar kets for wholesome, not adulterated, and prop erly labeled and packaged meat and meat food products, and result in sundry losses to live stock producers and processors of meat and meat food products, as well as injury to consum ers. The unwholesome, adulterated, mislabeled, or deceptively packaged articles can be sold at lower prices and compete unfairly with the wholesome, not adulterated, and properly la beled 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 inter state or foreign commerce or substantially af fect 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 elimi nate burdens upon such commerce, to effectively regulate such commerce, and to protect the health and welfare of consumers. (Mar. 4, 1907, ch. 2907, title I, § 2, as added Pub. L. 90–201, § 2, Dec. 15, 1967, 81 Stat. 587.) § 603. Examination of animals prior to slaughter; use of humane methods (a) Examination of animals before slaughtering; diseased animals slaughtered separately and carcasses examined For the purpose of preventing the use in com merce of meat and meat food products which are adulterated, the Secretary shall cause to be made, by inspectors appointed for that purpose, an examination and inspection of all amenable species before they shall be allowed to enter into any slaughtering, packing, meat-canning, ren dering, or similar establishment, in which they are to be slaughtered and the meat and meat food products thereof are to be used in com merce; and all amenable species found on such inspection to show symptoms of disease shall be set apart and slaughtered separately from all other cattle, sheep, swine, goats, horses, mules, or other equines, and when so slaughtered the carcasses of said cattle, sheep, swine, goats, horses, mules, or other equines shall be subject to a careful examination and inspection, all as provided by the rules and regulations to be pre scribed by the Secretary, as provided for in this subchapter. (b) Humane methods of slaughter For the purpose of preventing the inhumane slaughtering of livestock, the Secretary shall cause to be made, by inspectors appointed for that purpose, an examination and inspection of the method by which amenable species are slaughtered and handled in connection with slaughter in the slaughtering establishments in spected under this chapter. The Secretary may refuse to provide inspection to a new slaughter ing establishment or may cause inspection to be temporarily suspended at a slaughtering estab lishment 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 establish ment 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 as surances satisfactory to the Secretary that all slaughtering and handling in connection with slaughter of livestock shall be in accordance with such a method. (Mar. 4, 1907, ch. 2907, title I, § 3, formerly 1st par., 34 Stat. 1260; renumbered § 3 and amended Pub. L. 90–201, §§ 1, 3, 12(a), (b), Dec. 15, 1967, 81 Stat. 584, 588, 592; Pub. L. 95–445, § 2, Oct. 10, 1978, 92 Stat. 1069; Pub. L. 109–97, title VII, § 798[(a)](1), Nov. 10, 2005, 119 Stat. 2166.) 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 (§ 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 ref erence to Act of August 27, 1958, were repealed by Pub. L. 95–445, § 5(b), Oct. 10, 1978, 92 Stat. 1069, effective as set forth in section 7 of Pub. L. 95–445, set out as an Ef fective Date of 1978 Amendment note below. CODIFICATION Section was formerly classified to section 71 of this title. Page 474 TITLE 21—FOOD AND DRUGS § 604 AMENDMENTS 2005—Pub. L. 109–97 substituted ‘‘amenable species’’ for ‘‘cattle, sheep, swine, goats, horses, mules, and other equines’’ wherever appearing. 1978—Pub. L. 95–445 designated existing provisions as subsec. (a) and added subsec. (b). 1967—Pub. L. 90–201, §§ 3, 12(a), (b), struck out ‘‘inter state 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 ani mals, and substituted ‘‘adulterated’’ for ‘‘unsound, un healthful, unwholesome, or otherwise unfit for human food’’, respectively. EFFECTIVE DATE OF 2005 AMENDMENT Amendment by Pub. L. 109–97 effective the day after 120 days after Nov. 10, 2005, see section 798(b) of Pub. L. 109–97, set out as a note under section 601 of this title. EFFECTIVE DATE OF 1978 AMENDMENT Section 7 of Pub. L. 95–445 provided that: ‘‘The provi sions of this Act [see Short Title of 1978 Amendment note set out under section 601 of this title] shall be come 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 pe riod of time, not to exceed eighteen months, as may be determined by the Secretary, if the Secretary, upon ap plication, finds that compliance with the provisions of this Act on its effective date would cause undue hard ship 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 expi ration 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 ex empted from the terms of this Act. For the purposes of this section the term ‘ritual slaughter’ means slaugh ter in accordance with section 2(b) of the Act of August 27, 1958 (72 Stat. 862; 7 U.S.C. 1902(b)).’’ § 604. Post mortem examination of carcasses and marking or labeling; destruction of carcasses condemned; reinspection For the purposes hereinbefore set forth the Secretary shall cause to be made by inspectors appointed for that purpose a post mortem exam ination and inspection of the carcasses and parts thereof of all amenable species to be prepared at any slaughtering, meat-canning, salting, pack ing, 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 car casses and parts thereof thus inspected and con demned shall be destroyed for food purposes by the said establishment in the presence of an in spector, and the Secretary may remove inspec tors from any such establishment which fails to so destroy any such condemned carcass or part thereof, and said inspectors, after said first in spection, shall, when they deem it necessary, re inspect said carcasses or parts thereof to deter mine whether since the first inspection the same have become adulterated, and if any carcass or any part thereof shall, upon examination and in spection subsequent to the first examination and inspection, be found to be adulterated, it shall be destroyed for food purposes by the said establishment in the presence of an inspector, and the Secretary may remove inspectors from any establishment which fails to so destroy any such condemned carcass or part thereof. (Mar. 4, 1907, ch. 2907, title I, § 4, formerly 2nd par., 34 Stat. 1260; renumbered § 4 and amended Pub. L. 90–201, §§ 1, 3, 4, 12(a)–(d), Dec. 15, 1967, 81 Stat. 584, 588, 592; Pub. L. 109–97, title VII, § 798[(a)](1), Nov. 10, 2005, 119 Stat. 2166.) CODIFICATION Section was formerly classified to section 72 of this title. AMENDMENTS 2005—Pub. L. 109–97 substituted ‘‘amenable species’’ for ‘‘cattle, sheep, swine, goats, horses, mules, and other equines’’. 1967—Pub. L. 90–201, §§ 3, 4, 12(a)–(d), struck out ‘‘interstate or foreign’’ before ‘‘commerce’’ and ‘‘of Ag riculture’’ after ‘‘Secretary’’ in three places; struck out ‘‘for human consumption’’ before ‘‘at any slaughter ing’’ 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; sub stituted ‘‘adulterated’’ for ‘‘unsound, unhealthful, un wholesome, 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 sub stituted ‘‘adulterated’’ for ‘‘unsound, unhealthful, un wholesome, or in any way unfit for human food’’ before ‘‘and if any carcass’’, respectively. EFFECTIVE DATE OF 2005 AMENDMENT Amendment by Pub. L. 109–97 effective the day after 120 days after Nov. 10, 2005, see section 798(b) of Pub. L. 109–97, set out as a note under section 601 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 expi ration 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. § 605. Examination of carcasses brought into slaughtering or packing establishments, and of meat food products issued from and re turned thereto; conditions for entry The foregoing provisions shall apply to all car casses or parts of carcasses of amenable species or the meat or meat products thereof which may be brought into any slaughtering, meat-canning, salting, packing, rendering, or similar establish Page 475 TITLE 21—FOOD AND DRUGS § 606 1 See References in Text note below. ment, and such examination and inspection shall be had before the said carcasses or parts thereof shall be allowed to enter into any de partment 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, pack ing, rendering, or similar establishment, shall be returned to the same or to any similar estab lishment 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 main tained, under such conditions as he may pre scribe to assure that allowing the entry of such articles into such inspected establishments will be consistent with the purposes of this chapter. (Mar. 4, 1907, ch. 2907, title I, § 5, formerly 3rd par., 34 Stat. 1261; renumbered § 5 and amended Pub. L. 90–201, §§ 1, 5, 12(a), Dec. 15, 1967, 81 Stat. 584, 588, 592; Pub. L. 109–97, title VII, § 798[(a)](1), Nov. 10, 2005, 119 Stat. 2166.) CODIFICATION Section was formerly classified to section 73 of this title. AMENDMENTS 2005—Pub. L. 109–97 substituted ‘‘amenable species’’ for ‘‘cattle, sheep, swine, goats, horses, mules, and other equines’’. 1967—Pub. L. 90–201, §§ 5, 12(a), limited entry of arti cles into establishments under such prescribed condi tions 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 2005 AMENDMENT Amendment by Pub. L. 109–97 effective the day after 120 days after Nov. 10, 2005, see section 798(b) of Pub. L. 109–97, set out as a note under section 601 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 expi ration 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. § 606. Inspection and labeling of meat food prod ucts (a) In general For the purposes hereinbefore set forth the Secretary shall cause to be made, by inspectors appointed for that purpose, an examination and inspection of all meat food products prepared for commerce in any slaughtering, meat-canning, salting, packing, rendering, or similar establish ment, and for the purposes of any examination and inspection and inspectors shall have access at all times, by day or night, whether the estab lishment 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 adul terated; 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 de stroyed for food purposes, as hereinbefore pro vided, and the Secretary may remove inspectors from any establishment which fails to so de stroy such condemned meat food products: Pro vided, 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 ar ticle 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 ex empt said article from the operation of all the other provisions of this chapter.1 (b) Catfish In the case of an examination and inspection under subsection (a) of a meat food product de rived from catfish, the Secretary shall take into account the conditions under which the catfish is raised and transported to a processing estab lishment. (Mar. 4, 1907, ch. 2907, title I, § 6, as added Pub. L. 110–234, title XI, § 11016(b)(1)(B), May 22, 2008, 122 Stat. 1369, and Pub. L. 110–246, § 4(a), title XI, § 11016(b)(1)(B), June 18, 2008, 122 Stat. 1664, 2131.) REFERENCES IN TEXT This chapter, referred to in subsec. (a), probably should have been a reference to this Act in the original, meaning the Federal Meat Inspection Act, titles I to V of act Mar. 4, 1907, ch. 2907, as added Dec. 15, 1967, Pub. L. 90–201, 81 Stat. 584, which are classified generally to subchapters I to IV–A of this chapter. CODIFICATION Pub. L. 110–234 and Pub. L. 110–246 enacted identical sections and repealed former section 6 of act Mar. 4, 1907. Pub. L. 110–234 was repealed by section 4(a) of Pub. L. 110–246. PRIOR PROVISIONS A prior section 606, acts Mar. 4, 1907, ch. 2907, title I, § 6, formerly 4th par., 34 Stat. 1261; renumbered § 6 and amended Pub. L. 90–201, §§ 1, 3, 12(e), Dec. 15, 1967, 81 Stat. 584, 588, 592; Pub. L. 99–641, title IV, § 403(a), Nov. 10, 1986, 100 Stat. 3567, was formerly classified to section 74 of this title and was repealed by Pub. L. 110–234, title XI, § 11016(b)(1)(B), May 22, 2008, 122 Stat. 1369, and Pub. L. 110–246, § 4(a), title XI, § 11016(b)(1)(B), June 18, 2008, 122 Stat. 1664, 2131. Prior to repeal, section read as fol lows: ‘‘For the purposes hereinbefore set forth the Sec retary 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, render ing, 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 con demned’ 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 establish Page 476 TITLE 21—FOOD AND DRUGS § 607 ment 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 sec tion 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 speci fications 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 arti cle 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 provi sions of this chapter.’’ EFFECTIVE DATE Enactment of this section and repeal of former sec tion 6 of act Mar. 4, 1907, and Pub. L. 110–234 by Pub. L. 110–246 effective May 22, 2008, the date of enactment of Pub. L. 110–234, except as otherwise provided, see sec tion 4 of Pub. L. 110–246, set out as a note under section 8701 of Title 7, Agriculture. Section and repeal of former section 6 of act Mar. 4, 1907, inapplicable until date on which the Secretary of Agriculture issues final regulations to carry out amendments by Pub. L. 110–246, § 11016(b)(1), see section 11016(b)(2)(A) of Pub. L. 110–246, set out as an Effective Date of 2008 Amendment note under section 601 of this title. § 607. Labeling, marking, and container require ments (a) Labeling receptacles or coverings of meat or meat food products inspected and passed; su pervision by inspectors When any meat or meat food product prepared for commerce which has been inspected as here inbefore 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 prod uct shall cause a label to be attached to said can, pot, tin, canvas, or other receptacle or cov ering, under the supervision of an inspector, which label shall state that the contents thereof have been ‘‘inspected and passed’’ under the pro visions of this chapter; and no inspection and examination of meat or meat food products de posited or inclosed in cans, tins, pots, canvas, or other receptacle or covering in any establish ment 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 establish ment 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 con tainers, as the Secretary may require, the infor mation 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 pub lic, may prescribe: (1) the styles and sizes of type to be used with respect to material re quired 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 composi tion for articles subject to this subchapter and standards of fill of container for such articles not inconsistent with any such standards estab lished under the Federal Food, Drug, and Cos metic 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 ap propriate advisory committee provided for in section 661 of this title, prior to the issuance of such standards under this chapter, to avoid, in sofar as feasible, inconsistency between Federal and State standards. (d) Sales under false or misleading name, other marking or labeling or in containers of mis leading 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 mis leading, 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 proceed ings; 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 man ner as he may prescribe so that it will not be false or misleading. If the person, firm, or cor poration using or proposing to use the marking, labeling or container does not accept the deter mination 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 Sec retary. Any such determination by the Sec retary shall be conclusive unless, within thirty Page 477 TITLE 21—FOOD AND DRUGS § 609 days after receipt of notice of such final deter mination, the person, firm, or corporation ad versely affected thereby appeals to the United States court of appeals for the circuit in which such person, firm, or corporation has its prin cipal 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 stand ards for the labeling of sheep carcasses, parts of sheep carcasses, sheepmeat, and sheepmeat food products. (Mar. 4, 1907, ch. 2907, title I, § 7, formerly 5th par., 34 Stat. 1262; renumbered § 7 and amended Pub. L. 90–201, §§ 1, 3(a), 6, Dec. 15, 1967, 81 Stat. 584, 588; Pub. L. 96–88, title V, § 509(b), Oct. 17, 1979, 93 Stat. 695; Pub. L. 104–127, title II, § 279, Apr. 4, 1996, 110 Stat. 979.) 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 chap ter 9 (§ 301 et seq.) of this title. For complete classifica tion 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 sub chapters I to IV (§ 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. CODIFICATION Section was formerly classified to section 75 of this title. AMENDMENTS 1996—Subsec. (f). Pub. L. 104–127 added subsec. (f). 1967—Subsec. (a). Pub. L. 90–201, §§ 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 des ignated remaining provisions as subsecs. (a), respec tively. Subsecs. (b) to (e). Pub. L. 90–201, § 6(c), added subsecs. (b) to (e). CHANGE OF NAME ‘‘Secretary of Health and Human Services’’ sub stituted for ‘‘Secretary of Health, Education, and Wel fare’’ 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. 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 expi ration 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. § 608. Sanitary inspection and regulation of slaughtering and packing establishments; re jection of adulterated meat or meat food products The Secretary shall cause to be made, by ex perts in sanitation or by other competent in spectors, such inspection of all slaughtering, meat canning, salting, packing, rendering, or similar establishments in which amenable spe cies 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 pre scribe the rules and regulations of sanitation under which such establishments shall be main tained; and where the sanitary conditions of any such establishment are such that the meat or meat food products are rendered adulterated, he shall refuse to allow said meat or meat food products to be labeled, marked, stamped or tagged as ‘‘inspected and passed.’’ (Mar. 4, 1907, ch. 2907, title I, § 8, formerly 6th par., 34 Stat. 1262; renumbered § 8 and amended Pub. L. 90–201, §§ 1, 3, 12(a), (f), Dec. 15, 1967, 81 Stat. 584, 588, 592; Pub. L. 109–97, title VII, § 798[(a)](1), Nov. 10, 2005, 119 Stat. 2166.) CODIFICATION Section was formerly classified to section 76 of this title. AMENDMENTS 2005—Pub. L. 109–97 substituted ‘‘amenable species’’ for ‘‘cattle, sheep, swine, goats, horses, mules, and other equines’’. 1967—Pub. L. 90–201, §§ 3, 12(a), (f), struck out ‘‘inter state or foreign’’ before ‘‘commerce’’ and ‘‘of Agri culture’’ after ‘‘Secretary’’, included horses, mules, and other equines in the list of animals, and substituted ‘‘adulterated’’ for ‘‘unclean, unsound, unhealthful, un wholesome, or otherwise unfit for human food’’, respec tively. EFFECTIVE DATE OF 2005 AMENDMENT Amendment by Pub. L. 109–97 effective the day after 120 days after Nov. 10, 2005, see section 798(b) of Pub. L. 109–97, set out as a note under section 601 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 expi ration 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. § 609. Examination of animals and food products thereof, slaughtered and prepared during nighttime The Secretary shall cause an examination and inspection of all amenable species, and the food products thereof, slaughtered and prepared in the establishments hereinbefore described for the purposes of commerce to be made during the nighttime as well as during the daytime when the slaughtering of said amenable species, or the preparation of said food products is conducted during the nighttime. (Mar. 4, 1907, ch. 2907, title I, § 9, formerly 7th par., 34 Stat. 1262; renumbered § 9 and amended Pub. L. 90–201, §§ 1, 3, 12(a), Dec. 15, 1967, 81 Stat. Page 478 TITLE 21—FOOD AND DRUGS § 610 584, 588, 592; Pub. L. 99–641, title IV, § 403(d)(1), Nov. 10, 1986, 100 Stat. 3570; Pub. L. 109–97, title VII, § 798[(a)](1), Nov. 10, 2005, 119 Stat. 2166.) CODIFICATION Section was formerly classified to section 77 of this title. AMENDMENTS 2005—Pub. L. 109–97 substituted ‘‘amenable species’’ for ‘‘cattle, sheep, swine, goats, horses, mules, and other equines’’ in two places. 1986—Pub. L. 99–641 temporarily inserted ‘‘, except as provided in section 606 of this title,’’ after first ref erence to ‘‘other equines, and’’. See Effective and Ter mination Dates of 1986 Amendment note below. 1967—Pub. L. 90–201, §§ 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 DATE OF 2005 AMENDMENT Amendment by Pub. L. 109–97 effective the day after 120 days after Nov. 10, 2005, see section 798(b) of Pub. L. 109–97, set out as a note under section 601 of this title. 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 dur ing the 6-year period beginning Nov. 10, 1986. Pub. L. 99–641, title IV, § 408, Nov. 10, 1986, 100 Stat. 3571, provided that: ‘‘(a) GENERAL EFFECTIVE DATE.—Except as provided in subsection (b) of this section, this title and the amendments made by this title [amending this section and sections 606, 621, 671, and 676 of this title and enact ing provisions set out as notes under this section and sections 606, 621, 671, and 676 of this title] shall become effective on the date of the enactment of this Act [Nov. 10, 1986]. ‘‘(b) TEMPORARY APPLICATION OF EXISTING LAW.—Sec tions 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 regula tions to implement the amendments made by section 403(a) [amending 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 expi ration 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 expi ration date provisions of section 403 [enacting provi sions set out as notes under this section and sections 606, 621, 671, and 676 of this title] shall not have the ef fect of releasing or extinguishing any penalty, forfeit ure, or liability incurred under the Federal Meat In spection Act (21 U.S.C. 601 et seq.), as amended by sec tion 403 [amending this section and sections 606, 621, 671, and 676 of this title], or under the rules or regula tions issued under such Act.’’ INSPECTION SERVICES FOR ESTABLISHMENTS NOT PAR TICIPATING IN TOTAL PLANT QUALITY-CONTROL PRO GRAM Section 403(e) of Pub. L. 99–641 provided that: ‘‘The amendments made by this section [amending this sec tion and sections 606, 621, 671, and 676 of this title] shall not be construed to authorize the Secretary of Agri culture to refuse to provide inspection under the Fed eral Meat Inspection Act (21 U.S.C. 601 et seq.) at an es tablishment solely because such establishment does not participate in a total plant quality-control pro gram.’’ § 610. Prohibited acts No person, firm, or corporation shall, with re spect 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 ar ticles 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 trans actions sell, transport, offer for sale or transpor tation, or receive for transportation, in com merce, (1) any such articles which (A) are ca pable of use as human food and (B) are adul terated or misbranded at the time of such sale, transportation, offer for sale or transpor tation, 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 mis branded. (Mar. 4, 1907, ch. 2907, title I, § 10, formerly 8th par., 34 Stat. 1262; renumbered § 10 and amended Pub. L. 90–201, §§ 1, 7, Dec. 15, 1967, 81 Stat. 584, 589; Pub. L. 95–445, § 3, Oct. 10, 1978, 92 Stat. 1069.) 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 (§ 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 ref erence to Act of August 27, 1958, were repealed by Pub. L. 95–445, § 5(b), Oct. 10, 1978, 92 Stat. 1069, effective as set forth in section 7 of Pub. L. 95–445, set out as an Ef fective Date of 1978 Amendment note under section 603 of this title. CODIFICATION Section was formerly classified to section 78 of this title. 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. Page 479 TITLE 21—FOOD AND DRUGS § 613 1967—Pub. L. 90–201, § 7, included the list of animals and prohibited, except in compliance with require ments of this chapter, slaughtering animals or prepara tion 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 effec tive upon expiration of sixty days after Dec. 15, 1967, see section 20(a) of Pub. L. 90–201, set out as an Effec tive Date note under section 601 of this title. § 611. Devices, marks, labels, and certificates; simulations (a) Devices to be made under authorization of Secretary No brand manufacturer, printer, or other per son, firm, or corporation shall cast, print, litho graph, 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 certifi cate; (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 certifi cate; (3) contrary to the regulations prescribed by the Secretary, fail to use, or to detach, deface, or destroy any official device, mark, or certifi cate; (4) knowingly possess, without promptly no tifying the Secretary or his representative, any official device or any counterfeit, simu lated, forged, or improperly altered official certificate or any device or label or any car cass 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 regu lations prescribed by the Secretary; or (6) knowingly represent that any article has been inspected and passed, or exempted, under this chapter when, in fact, it has, respectively, not been so inspected and passed, or exempted. (Mar. 4, 1907, ch. 2907, title I, § 11, formerly 9th par., 34 Stat. 1263; renumbered § 11 and amended Pub. L. 90–201, §§ 1, 8, Dec. 15, 1967, 81 Stat. 584, 589.) CODIFICATION Section was formerly classified to section 79 of this title. AMENDMENTS 1967—Pub. L. 90–201, § 8, clarified application to brand manufacturers and printers of existing prohibition against counterfeiting official marks, labels or certifi cates, the provisions with respect to forgery, unauthor ized use or failure to use official marks, or similar items, and similar offenses, and existing prohibitions with respect to false statements in official or nonoffi cial certificates, and added restriction upon possession of official devices, or devices, labels, meat, or other ar ticles 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 expi ration 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. § 612. Notification Any establishment subject to inspection under this chapter that believes, or has reason to be lieve, that an adulterated or misbranded meat or meat food product received by or originating from the establishment has entered into com merce shall promptly notify the Secretary with regard to the type, amount, origin, and destina tion of the meat or meat food product. (Mar. 4, 1907, ch. 2907, title I, § 12, as added Pub. L. 110–234, title XI, § 11017(a), May 22, 2008, 122 Stat. 1370, and Pub. L. 110–246, § 4(a), title XI, § 11017(a), June 18, 2008, 122 Stat. 1664, 2132.) CODIFICATION Pub. L. 110–234 and Pub. L. 110–246 enacted identical sections. Pub. L. 110–234 was repealed by section 4(a) of Pub. L. 110–246. PRIOR PROVISIONS A prior section 612, acts Mar. 4, 1907, ch. 2907, title I, § 12, formerly 10th par., 34 Stat. 1263; renumbered § 12 and amended Pub. L. 90–201, §§ 1, 3(b), 12(a), Dec. 15, 1967, 81 Stat. 584, 588, 592, related to inspection of animals for export, prior to repeal by Pub. L. 107–171, title X, § 10418(a)(19), May 13, 2002, 116 Stat. 508. Section was for merly classified to section 80 of this title. EFFECTIVE DATE Enactment of this section and repeal of Pub. L. 110–234 by Pub. L. 110–246 effective May 22, 2008, the date of enactment of Pub. L. 110–234, see section 4 of Pub. L. 110–246, set out as a note under section 8701 of Title 7, Agriculture. § 613. Plans and reassessments The Secretary shall require that each estab lishment subject to inspection under this chap ter shall, at a minimum— (1) prepare and maintain current procedures for the recall of all meat or meat food prod ucts produced and shipped by the establish ment; (2) document each reassessment of the proc ess control plans of the establishment; and (3) upon request, make the procedures and reassessed process control plans available to inspectors appointed by the Secretary for re view and copying. (Mar. 4, 1907, ch. 2907, title I, § 13, as added Pub. L. 110–234, title XI, § 11017(a), May 22, 2008, 122 Page 480 TITLE 21—FOOD AND DRUGS § 614 Stat. 1370, and Pub. L. 110–246, § 4(a), title XI, § 11017(a), June 18, 2008, 122 Stat. 1664, 2132.) CODIFICATION Pub. L. 110–234 and Pub. L. 110–246 enacted identical sections. Pub. L. 110–234 was repealed by section 4(a) of Pub. L. 110–246. PRIOR PROVISIONS A prior section 613, acts Mar. 4, 1907, ch. 2907, title I, § 13, formerly 11th par., 34 Stat. 1263; renumbered § 13 and amended Pub. L. 90–201, §§ 1, 3(b), 12(a), Dec. 15, 1967, 81 Stat. 584, 588, 592, related to inspectors of animals for export and certificates of condition, prior to repeal by Pub. L. 107–171, title X, § 10418(a)(19), May 13, 2002, 116 Stat. 508. Section was formerly classified to section 81 of this title. EFFECTIVE DATE Enactment of this section and repeal of Pub. L. 110–234 by Pub. L. 110–246 effective May 22, 2008, the date of enactment of Pub. L. 110–234, see section 4 of Pub. L. 110–246, set out as a note under section 8701 of Title 7, Agriculture. § 614. Repealed. Pub. L. 107–171, title X, § 10418(a)(19), May 13, 2002, 116 Stat. 508 Section, acts Mar. 4, 1907, ch. 2907, title I, § 14, for merly 12th par., 34 Stat. 1263; renumbered § 14 and amended Pub. L. 90–201, §§ 1, 3(b), 12(a), Dec. 15, 1967, 81 Stat. 584, 588, 592, prohibited clearance to vessel carry ing animals for export without inspector’s certificate. Section was formerly classified to section 82 of this title. § 615. Inspection of carcasses, meat of which is intended for export The Secretary shall also cause to be made a careful inspection of the carcasses and parts thereof of all amenable species, the meat of which, fresh, salted, canned, corned, packed, cured, or otherwise prepared, is intended and of fered for export to any foreign country, at such times and places and in such manner as he may deem proper. (Mar. 4, 1907, ch. 2907, title I, § 15, formerly 13th par., 34 Stat. 1263; renumbered § 15 and amended Pub. L. 90–201, §§ 1, 3(b), 12(a), Dec. 15, 1967, 81 Stat. 584, 588, 592; Pub. L. 109–97, title VII, § 798[(a)](1), Nov. 10, 2005, 119 Stat. 2166.) CODIFICATION Section was formerly classified to section 83 of this title. AMENDMENTS 2005—Pub. L. 109–97 substituted ‘‘amenable species’’ for ‘‘cattle, sheep, swine, goats, horses, mules, and other equines’’. 1967—Pub. L. 90–201, §§ 3(b), 12(a), struck out ‘‘of Agri culture’’ after ‘‘Secretary’’ and included horses, mules, and other equines in the list of animals, respectively. EFFECTIVE DATE OF 2005 AMENDMENT Amendment by Pub. L. 109–97 effective the day after 120 days after Nov. 10, 2005, see section 798(b) of Pub. L. 109–97, set out as a note under section 601 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 expi ration 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. § 616. Inspectors of carcasses, etc., meat of which is intended for export; certificates of condi tion For the purpose of section 615 of this title the Secretary may appoint inspectors who shall be authorized to give an official certificate stating the condition in which said cattle, sheep, swine, goats, horses, mules, or other equines, and the meat thereof, are found. (Mar. 4, 1907, ch. 2907, title I, § 16, formerly 14th par., 34 Stat. 1263; renumbered § 16 and amended Pub. L. 90–201, §§ 1, 3(b), 12(a), Dec. 15, 1967, 81 Stat. 584, 588, 592.) CODIFICATION Section was formerly classified to section 84 of this title. AMENDMENTS 1967—Pub. L. 90–201, §§ 3(b), 12(a), struck out ‘‘of Agri culture’’ 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 expi ration 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. § 617. Clearance prohibited to vessel carrying meat for export without inspector’s certifi cate No clearance shall be given to any vessel hav ing 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 in spector appointed under the provisions of this chapter a certificate that the said amenable spe cies were sound and healthy at the time of in spection, and that their meat is sound and wholesome, unless the Secretary shall have waived the requirements of such certificate for the country to which said amenable species or meats are to be exported. (Mar. 4, 1907, ch. 2907, title I, § 17, formerly 15th par., 34 Stat. 1263; renumbered § 17 and amended Pub. L. 90–201, §§ 1, 3(b), 12(a), (g), Dec. 15, 1967, 81 Stat. 584, 588, 592; Pub. L. 109–97, title VII, § 798[(a)](1), Nov. 10, 2005, 119 Stat. 2166.) CODIFICATION Section was formerly classified to section 85 of this title. AMENDMENTS 2005—Pub. L. 109–97 substituted ‘‘amenable species’’ for ‘‘cattle, sheep, swine, goats, horses, mules, and other equines’’ in two places. 1967—Pub. L. 90–201, §§ 3(b), 12(a), (g), struck out ‘‘of Agriculture’’ after ‘‘Secretary’’, included horses, mules, and other equines in the list of animals, and sub stituted ‘‘goat or equine meat’’ for ‘‘or goat meat, being the meat of animals killed after March 4, 1907, or except as hereinbefore provided’’, respectively. Page 481 TITLE 21—FOOD AND DRUGS § 620 EFFECTIVE DATE OF 2005 AMENDMENT Amendment by Pub. L. 109–97 effective the day after 120 days after Nov. 10, 2005, see section 798(b) of Pub. L. 109–97, set out as a note under section 601 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 expi ration 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. § 618. Delivery of inspectors’ certificates, and of copies The inspectors provided for under this sub chapter shall be authorized to give official cer tificates of the condition of the carcasses and products of amenable species; and one copy of every certificate granted under the provisions of this chapter shall be filed in the Department of Agriculture, another copy shall be delivered to the owner or shipper, and when the amenable species, or their carcasses and products are sent abroad, a third copy shall be delivered to the chief officer of the vessel on which the shipment shall be made. (Mar. 4, 1907, ch. 2907, title I, § 18, formerly 16th par., 34 Stat. 1263; renumbered § 18 and amended Pub. L. 90–201, §§ 1, 12(a), (h), Dec. 15, 1967, 81 Stat. 584, 592; Pub. L. 107–171, title X, § 10418(b)(4), May 13, 2002, 116 Stat. 508; Pub. L. 109–97, title VII, § 798[(a)](1), Nov. 10, 2005, 119 Stat. 2166.) CODIFICATION ‘‘Provided for under this subchapter’’ was in the original ‘‘provided for herein’’. Section was formerly classified to section 86 of this title. AMENDMENTS 2005—Pub. L. 109–97 substituted ‘‘amenable species’’ for ‘‘cattle, sheep, swine, goats, horses, mules, and other equines’’ in two places. 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, § 12(a), (h), included horses, mules, and other equines in the list of animals and struck out ‘‘sound and wholesome’’ before ‘‘condi tions’’, respectively. EFFECTIVE DATE OF 2005 AMENDMENT Amendment by Pub. L. 109–97 effective the day after 120 days after Nov. 10, 2005, see section 798(b) of Pub. L. 109–97, set out as a note under section 601 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 expi ration 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. § 619. Marking, labeling, or other identification to show kinds of animals from which de rived; separate establishments for prepara tion and slaughtering activities No person, firm, or corporation shall sell, transport, offer for sale or transportation, or re ceive for transportation, in commerce, any car casses of species designated by regulations in ef fect on the day before November 10, 2005, or parts of such carcasses, or the meat or meat food products thereof, unless they are plainly and conspicuously marked or labeled or other wise identified as required by regulations pre scribed by the Secretary to show the kinds of animals from which they were derived. When re quired by the Secretary, with respect to estab lishments at which inspection is maintained under this subchapter, such animals and their carcasses, parts thereof, meat and meat food products shall be prepared in establishments separate from those in which other amenable species are slaughtered or their carcasses, parts thereof, meat or meat food products are pre pared. (Mar. 4, 1907, ch. 2907, title I, § 19, formerly 17th par., 34 Stat. 1264; renumbered § 19 and amended Pub. L. 90–201, §§ 1, 9, Dec. 15, 1967, 81 Stat. 584, 590; Pub. L. 109–97, title VII, § 798[(a)](3), Nov. 10, 2005, 119 Stat. 2166.) CODIFICATION Section was formerly classified to section 87 of this title. AMENDMENTS 2005—Pub. L. 109–97 substituted ‘‘species designated by regulations in effect on the day before November 10, 2005,’’ for ‘‘horses, mules, or other equines’’ and ‘‘other amenable species’’ for ‘‘cattle, sheep, swine, or goats’’. 1967—Pub. L. 90–201, § 9, substituted provisions for marking, labeling, or other identification of kinds of animals whence the articles are derived and for sepa rate 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 2005 AMENDMENT Amendment by Pub. L. 109–97 effective the day after 120 days after Nov. 10, 2005, see section 798(b) of Pub. L. 109–97, set out as a note under section 601 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 expi ration, 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. § 620. Imports (a) Adulteration or misbranding prohibition; compliance with inspection, building con struction 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 exemp tion No carcasses, parts of carcasses, meat or meat food products of cattle, sheep, swine, goats, horses, mules, or other equines which are capa ble of use as human food, shall be imported into the United States if such articles are adulter ated or misbranded and unless they comply with all the inspection, building, construction stand ards, and all other provisions of this chapter and Page 482 TITLE 21—FOOD AND DRUGS § 620 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 ar ticles: Provided further, That nothing in this sec tion 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 arti cles which are imported contrary to this sec tion, unless (1) they are exported by the con signee within the time fixed therefor by the Sec retary, or (2) in the case of articles which are not in compliance with the chapter solely be cause of misbranding, such articles are brought into compliance with the chapter under super vision of authorized representatives of the Sec retary. (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 pay ment 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 con trary 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 resi due standards applied to products produced in the United States. Any such imported meat arti cles 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 accord ance with methods approved by the Secretary. Each foreign country from which such meat ar ticles are offered for importation into the United States shall obtain a certification issued by the Secretary stating that the country main tains a program using reliable analytical meth ods 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 certifi cations 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 applica tion for a certification under this subsection and the review of any such certification, by the Sec retary, shall include the inspection of individual establishments to ensure that the inspection program of the foreign country involved is meet ing such United States standards. (g) Administration of animal drugs or anti biotics; terms and conditions; entry order violations The Secretary may prescribe terms and condi tions under which amenable species that have been administered an animal drug or antibiotic banned for use in the United States may be im ported for slaughter and human consumption. No person shall enter amenable species into the United States in violation of any order issued under this subsection by the Secretary. (h) Reciprocal meat inspection requirement (1) As used in this subsection: (A) The term ‘‘meat articles’’ means car casses, 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, spe cies verification, residue, and other standards that are applicable to meat articles. (2) On request of the Committee on Agri culture 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 par ticular foreign country applies standards for the importation of meat articles from the United States that are not related to public health con cerns about end-product quality that can be sub stantiated by reliable analytical methods. (3) If the Secretary determines that a foreign country applies standards described in para graph (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 Sec retary and the United States Trade Represent ative shall recommend to the President whether action should be taken under para graph (4). (4) Within 30 days after receiving a recom mendation for action under paragraph (3), the President shall, if and for such time as the Page 483 TITLE 21—FOOD AND DRUGS § 620 President considers appropriate, prohibit im ports into the United States of any meat arti cles produced in such foreign country unless it is determined that the meat articles produced in that country meet the standards applicable to meat articles in commerce within the United States. (5) The action authorized under paragraph (4) may be used instead of, or in addition to, any other action taken under any other law. (Mar. 4, 1907, ch. 2907, title I, § 20, formerly 18th par., 34 Stat. 1264; renumbered § 20 and amended Pub. L. 90–201, §§ 1, 10, Dec. 15, 1967, 81 Stat. 584, 590; Pub. L. 95–445, § 4, Oct. 10, 1978, 92 Stat. 1069; Pub. L. 97–98, title XI, § 1122, Dec. 22, 1981, 95 Stat. 1273; Pub. L. 99–198, title XVII, § 1702, Dec. 23, 1985, 99 Stat. 1634; Pub. L. 100–418, title IV, § 4604, Aug. 23, 1988, 102 Stat. 1408; Pub. L. 103–182, title III, § 361(f), Dec. 8, 1993, 107 Stat. 2124; Pub. L. 103–437, § 8(2), Nov. 2, 1994, 108 Stat. 4588; Pub. L. 103–465, title IV, § 431(l), Dec. 8, 1994, 108 Stat. 4970; Pub. L. 109–97, title VII, § 798[(a)](1), Nov. 10, 2005, 119 Stat. 2166.) 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 (§ 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, § 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 classi fication 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 chap ter 9 (§ 301 et seq.) of this title. For complete classifica tion of this act to the Code, see section 301 of this title and Tables. CODIFICATION Subsec. (e) of this section, which required the Sec retary 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, effec tive 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. AMENDMENTS 2005—Subsec. (g). Pub. L. 109–97 substituted ‘‘ame nable species’’ for ‘‘cattle, sheep, swine, goats, horses, mules, and other equines’’ in two places. 1994—Subsec. (e). Pub. L. 103–437 substituted ‘‘Agri culture, Nutrition, and Forestry’’ for ‘‘Agriculture and Forestry’’ in introductory provisions. Subsec. (e)(1)(A), (B). Pub. L. 103–465, § 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 certifi cation by the Secretary that foreign plants in Canada and Mexico that export carcasses or meat or meat prod ucts referred to in subsection (a) of this section have complied with paragraph (2) or with requirements that are equivalent to United States requirements with re gard to all inspection and building construction stand ards, and all other provisions of this chapter and regu lations 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 ex porting 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 re quirement or standard of the exporting country achieves the level of protection that the Secretary con siders appropriate.’’ Subsec. (e)(2) to (7). Pub. L. 103–465, § 431(l)(2), (3), re designated 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 construc tion standards and all other provisions of this chapter and regulations issued under this chapter.’’ 1993—Subsec. (e). Pub. L. 103–182, § 361(f)(1), sub stituted ‘‘not be limited to the following:’’ for ‘‘not be limited to—’’ in introductory provisions. Subsec. (e)(1) to (7). Pub. L. 103–182, § 361(f)(2)–(7), added pars. (1) and (2), struck out former par. (1), redes ignated pars. (2) to (6) as (3) to (7), respectively, sub stituted ‘‘The’’ for ‘‘the’’ at beginning of each par., sub stituted 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 ex porting carcasses or meat or meat products referred to in subsection (a) of this section have complied with re quirements at least equal to all the inspection, build ing construction standards, and all other provisions of this chapter and regulations issued thereunder;’’. 1988—Subsec. (e)(6). Pub. L. 100–418, § 4604(b), added par. (6). Subsec. (h). Pub. L. 100–418, § 4604(a), added subsec. (h). 1985—Subsec. (f). Pub. L. 99–198, § 1702(a), struck out provision which had made this subsection effective six months after Dec. 22, 1981, and inserted provisions re quiring that each foreign country from which meat ar ticles are offered for importation into the United States obtain a certification issued by the Secretary stating that the country maintains a program using re liable 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 Sec retary has not issued such certification, that the Sec retary periodically review such certifications and re voke any certification if the Secretary determines that the country involved is not maintaining a program that uses reliable analytical methods to ensure compli ance with United States standards for residues in such meat articles, and that the consideration of any appli cation for a certification under this subsection and the review of any such certification, by the Secretary, in clude the inspection of individual establishments to en sure that the inspection program of the foreign country involved is meeting such United States standards. Subsec. (g). Pub. L. 99–198, § 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 slaugh ter. 1967—Pub. L. 90–201, § 10, substituted imported arti cles 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 2005 AMENDMENT Amendment by Pub. L. 109–97 effective the day after 120 days after Nov. 10, 2005, see section 798(b) of Pub. L. 109–97, set out as a note under section 601 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 Page 484 TITLE 21—FOOD AND DRUGS § 621 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 expira tion 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. § 621. Inspectors to make examinations provided for; appointment; duties; regulations The Secretary shall appoint from time to time inspectors to make examination and inspection of all amenable species, inspection of which is hereby provided for and of all carcasses and parts thereof, and of all meats and meat food products thereof, and of the sanitary conditions of all establishments in which such meat and meat food products hereinbefore described are prepared; and said inspectors shall refuse to stamp, mark, tag, or label any carcass or any part thereof, or meat food product therefrom, prepared in any establishment hereinbefore mentioned, until the same shall have actually been inspected and found to be not adulterated; and shall perform such other duties as are pro vided by this chapter and by the rules and regu lations 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 in consistent with provisions of this chapter. (Mar. 4, 1907, ch. 2907, title I, § 21, formerly 19th par., 34 Stat. 1264; renumbered § 21 and amended Pub. L. 90–201, §§ 1, 3(b), 12(a), (i), Dec. 15, 1967, 81 Stat. 584, 588, 592, 593; Pub. L. 99–641, title IV, § 403(d)(2), Nov. 10, 1986, 100 Stat. 3570; Pub. L. 109–97, title VII, § 798[(a)](1), Nov. 10, 2005, 119 Stat. 2166.) CODIFICATION Section was formerly classified to section 89 of this title. AMENDMENTS 2005—Pub. L. 109–97 substituted ‘‘amenable species’’ for ‘‘cattle, sheep, swine, goats, horses, mules, and other equines’’. 1986—Pub. L. 99–641 temporarily substituted ‘‘thereof, and of meat food products’’ for ‘‘and meat food prod ucts’’, which substitution was made for the first such reference as the probable intent of Congress. See Effec tive and Termination Dates of 1986 Amendment note below. 1967—Pub. L. 90–201, §§ 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, health ful, 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, herein before provided for’’, respectively. EFFECTIVE DATE OF 2005 AMENDMENT Amendment by Pub. L. 109–97 effective the day after 120 days after Nov. 10, 2005, see section 798(b) of Pub. L. 109–97, set out as a note under section 601 of this title. 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 dur ing 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 609 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 expi ration 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 Pro gram’’ and ‘‘Savings Provision’’, respectively, under section 609 of this title. § 622. Bribery of or gifts to inspectors or other of ficers and acceptance of gifts Any person, firm, or corporation, or any agent or employee of any person, firm, or corporation, who shall give, pay, or offer, directly or indi rectly, 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 in fluence said inspector, deputy inspector, chief inspector, or other officer or employee of the United States in the discharge of any duty pro vided 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 pre scribed 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 influ ence his official action, or who shall receive or accept from any person, firm, or corporation en Page 485 TITLE 21—FOOD AND DRUGS § 623 gaged 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 sum marily discharged from office and shall be pun ished by a fine not less than $1,000 nor more than $10,000 and by imprisonment not less than one year nor more than three years. (Mar. 4, 1907, ch. 2907, title I, § 22, formerly 20th par., 34 Stat. 1264; renumbered § 22 and amended Pub. L. 90–201, §§ 1, 3, Dec. 15, 1967, 81 Stat. 584, 588.) CODIFICATION Section was formerly classified to section 90 of this title. AMENDMENTS 1967—Pub. L. 90–201, § 3, struck out ‘‘interstate or for eign’’ 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 expi ration 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. § 623. Exemptions from inspection requirements (a) Personal slaughtering and custom slaughter ing for personal, household, guest, and em ployee uses The provisions of this subchapter requiring in spection of the slaughter of animals and the preparation of the carcasses, parts thereof, meat and meat food products at establishments con ducting such operations for commerce shall not apply to the slaughtering by any person of ani mals of his own raising, and the preparation by him and transportation in commerce of the car casses, parts thereof, meat and meat food prod ucts of such animals exclusively for use by him and members of his household and his nonpaying guests and employees; nor to the custom slaugh ter 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 com merce 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 prepa ration by any person, firm, or corporation of carcasses, parts thereof, meat or meat food products, derived from the slaughter by any per son 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 pre pared articles, exclusively for use in the house hold of such owner, by him and members of his household and his nonpaying guests and employ ees: Provided, That in cases where such person, firm, or corporation engages in such custom op erations at an establishment at which inspec tion 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 pre pared 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 establish ment complies with regulations which the Sec retary is hereby authorized to promulgate to as sure that any carcasses, parts thereof, meat or meat food products wherever handled on a cus tom basis, or any containers or packages con taining such articles, are separated at all times from carcasses, parts thereof, meat or meat food products prepared for sale, and that all such ar ticles prepared on a custom basis, or any con tainers 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 establish ment conducting the custom operation is main tained and operated in a sanitary manner. (b) Territorial exemption; refusal, withdrawal, or modification The Secretary may, under such sanitary con ditions as he may by regulations prescribe, ex empt 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 inspec tion within the limits of funds appropriated for administration of this chapter and that such ex emption will otherwise facilitate enforcement of this chapter. The Secretary may refuse, with draw, or modify any exemption under this sub section in his discretion whenever he determines such action is necessary to effectuate the pur poses of this chapter. (c) Pizzas containing meat food products (1) Under such terms and conditions as the Secretary shall prescribe through rules and reg ulations 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 inspec tion 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 ap plicable to inspection-free articles The adulteration and misbranding provisions of this subchapter, other than the requirement of the inspection legend, shall apply to articles Page 486 TITLE 21—FOOD AND DRUGS § 624 which are exempted from inspection or not re quired to be inspected under this section. (Mar. 4, 1907, ch. 2907, title I, § 23, formerly 21st, 22nd pars., 34 Stat. 1265; June 29, 1938, ch. 810, 52 Stat. 1235; renumbered § 23 and amended Pub. L. 90–201, §§ 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, § 1016(a), Dec. 13, 1991, 105 Stat. 1902.) CODIFICATION Section was formerly classified to sections 91 and 92 of this title. 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 cus tom slaughtering and processing performed by an in spected establishment, and required that custom slaughtered articles be clearly marked ‘‘not for sale’’. 1967—Pub. L. 90–201, § 11, substituted provisions for personal, custom, and territorial slaughtering exemp tions and for application of adulteration and misbrand ing provisions to inspection-free articles for farmer def inition 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 expira tion 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. § 624. Storage and handling regulations; viola tions; exemption of establishments subject to non-Federal jurisdiction The Secretary may by regulations prescribe conditions under which carcasses, parts of car casses, 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 buy ing, selling, freezing, storing, or transporting, in or for commerce, or importing, such articles, whenever the Secretary deems such action nec essary 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 sub ject 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 man ner which the Secretary, after consultation with the appropriate advisory committee provided for in section 661 of this title, determines is ade quate to effectuate the purposes of this section. (Mar. 4, 1907, ch. 2907, title I, § 24, as added Pub. L. 90–201, § 13, Dec. 15, 1967, 81 Stat. 593.) § 625. Inapplicability of certain requirements to catfish Notwithstanding any other provision of this chapter, the requirements of sections 603, 604, 605, 610(b), and 623 of this title shall not apply to catfish. (Mar. 4, 1907, ch. 2907, title I, § 25, as added Pub. L. 110–234, title XI, § 11016(b)(1)(C), May 22, 2008, 122 Stat. 1369, and Pub. L. 110–246, § 4(a), title XI, § 11016(b)(1)(C), June 18, 2008, 122 Stat. 1664, 2131.) CODIFICATION Pub. L. 110–234 and Pub. L. 110–246 enacted identical sections. Pub. L. 110–234 was repealed by section 4(a) of Pub. L. 110–246. EFFECTIVE DATE Enactment of this section and repeal of Pub. L. 110–234 by Pub. L. 110–246 effective May 22, 2008, the date of enactment of Pub. L. 110–234, except as other wise provided, see section 4 of Pub. L. 110–246, set out as a note under section 8701 of Title 7, Agriculture. Section inapplicable until date on which the Sec retary of Agriculture issues final regulations to carry out amendments by Pub. L. 110–246, § 11016(b)(1), see sec tion 11016(b)(2)(A) of Pub. L. 110–246, set out as an Effec tive Date of 2008 Amendment note under section 601 of this title. 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 Inspection shall not be provided under sub chapter I of this chapter at any establishment for the slaughter of cattle, sheep, swine, goats, horses, mules, or other equines, or the prepara tion 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 com merce, 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 corpora tion 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 other wise identified as required by the regulations of the Secretary or are naturally inedible by hu mans. (Mar. 4, 1907, ch. 2907, title II, § 201, as added Pub. L. 90–201, § 14, Dec. 15, 1967, 81 Stat. 593.) 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. Page 487 TITLE 21—FOOD AND DRUGS § 661 § 642. Recordkeeping requirements (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 in volved in their businesses; and all persons, firms, and corporations subject to such require ments shall, at all reasonable times upon notice by a duly authorized representative of the Sec retary, afford such representative access to their places of business and opportunity to ex amine the facilities, inventory, and records thereof, to copy all such records, and to take reasonable samples of their inventory upon pay ment 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 ani mals; (3) Any persons, firms, or corporations that engage in business, in or for commerce, as ren derers, or engage in the business of buying, selling, or transporting, in commerce, or im porting, 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 pre scribe. (Mar. 4, 1907, ch. 2907, title II, § 202, as added Pub. L. 90–201, § 14, Dec. 15, 1967, 81 Stat. 593.) § 643. Registration of business, name of person, and trade names No person, firm, or corporation shall engage in business, in or for commerce, as a meat broker, renderer, or animal food manufacturer, or en gage in business in commerce as a wholesaler of any carcasses, or parts or products of the car casses, of any cattle, sheep, swine, goats, horses, mules, or other equines, whether intended for human food or other purposes, or engage in busi ness 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, dis abled, 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 con ducts such business. (Mar. 4, 1907, ch. 2907, title II, § 203, as added Pub. L. 90–201, § 14, Dec. 15, 1967, 81 Stat. 594.) § 644. Regulation of transactions, transportation, or importation of 4–D animals to prevent use as human food 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 car casses of any animals that died otherwise than by slaughter, shall buy, sell, transport, offer for sale or transportation, or receive for transpor tation, 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 other wise than by slaughter, unless such transaction, transportation or importation is made in ac cordance with such regulations as the Secretary may prescribe to assure that such animals, or the unwholesome parts or products thereof, will be prevented from being used for human food purposes. (Mar. 4, 1907, ch. 2907, title II, § 204, as added Pub. L. 90–201, § 14, Dec. 15, 1967, 81 Stat. 594.) § 645. Federal provisions applicable to State or Territorial business transactions of a local nature and not subject to local authority The authority conferred on the Secretary by 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 com merce 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 Sec retary determines, after consultation with an appropriate advisory committee provided for in section 661 of this title, that the State or terri tory 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 facili ties, inventories, and records thereof, and the taking of reasonable samples, where he deter mines necessary in carrying out his responsibil ities 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 trans actions involved were in commerce. (Mar. 4, 1907, ch. 2907, title II, § 205, as added Pub. L. 90–201, § 14, Dec. 15, 1967, 81 Stat. 594.) SUBCHAPTER III—FEDERAL AND STATE COOPERATION § 661. Federal and State cooperation (a) Congressional statement of policy It is the policy of the Congress to protect the consuming public from meat and meat food Page 488 TITLE 21—FOOD AND DRUGS § 661 products that are adulterated or misbranded and to assist in efforts by State and other Govern ment agencies to accomplish this objective. In furtherance of this policy— (1) Development and administration of State meat inspection program equal to sub chapter I ante and post mortem inspection, reinspection, and sanitation requirements The Secretary is authorized, whenever he de termines that it would effectuate the purposes of this chapter, to cooperate with the appro priate State agency in developing and admin istering a State meat inspection program in any State which has enacted a State meat in spection law that imposes mandatory ante mortem and post mortem inspection, reinspec tion 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 slaughter ing 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 with in such State. (2) Development and administration of State program with authorities equal to sub chapter II authorities; cooperation with Federal agencies The Secretary is further authorized, when ever 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 chap ter; and to cooperate with other agencies of the United States in carrying out any provi sions of this chapter. (3) Scope of cooperation: advisory assistance, technical and laboratory assistance and training, and financial and other aid; limi tation on amount; equitable allocation of Federal funds; adequacy of State program to obtain Federal cooperation and pay ments Cooperation with State agencies under this section may include furnishing to the appro priate State agency (i) advisory assistance in planning and otherwise developing an ade quate 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 sec tion from Federal funds for any year shall not exceed 50 per centum of the estimated total cost of the cooperative program; and the Fed eral funds shall be allocated among the States desiring to cooperate on an equitable basis. Such cooperation and payment shall be con tingent at all times upon the administration of the State program in a manner which the Secretary, in consultation with the appro priate advisory committee appointed under paragraph (4), deems adequate to effectuate the purposes of this section. (4) Advisory committees The Secretary may appoint advisory com mittees consisting of such representatives of appropriate State agencies as the Secretary and the State agencies may designate to con sult 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 pur poses of this chapter and obtaining better co ordination and more uniformity among the State programs and between the Federal and State programs and adequate protection of consumers. (b) Single State agency; subordinate govern mental 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 pro gram includes performance of certain functions by a municipality or other subordinate govern mental unit, such unit shall be deemed to be a part of the State agency for purposes of this sec tion. (c) State meat inspection requirements (1) Notice to Governor of nondevelopment or nonenforcement; designation of State as sub ject to subchapters I and IV; delay and rev ocation of designation; publication in Fed eral Register; notice of production of adul terated meat or meat food products; designa tion of State If the Secretary has reason to believe, by thir ty days prior to the expiration of two years after December 15, 1967, that a State has failed to de velop or is not enforcing, with respect to all es tablishments within its jurisdiction (except those that would be exempted from Federal in spection under subparagraph (2)) at which cat tle, sheep, swine, goats, or equines are slaugh tered, 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, require ments 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 con sultation with the Governor of the State, or rep resentative selected by him, that such require ments 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 trans actions 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 designa tion 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 publica tion, the provisions of subchapters I and IV shall Page 489 TITLE 21—FOOD AND DRUGS § 661 1 See References in Text note below. apply to operations and transactions and to per sons, 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, not withstanding any other provision of this section, if the Secretary determines that any establish ment 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 Commit tee 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 provi sions 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 fa cility The provisions of this chapter requiring in spection of the slaughter of animals and the preparation of carcasses, parts thereof, meat and meat food products shall not apply to oper ations of types traditionally and usually con ducted at retail stores and restaurants, when conducted at any retail store or restaurant or similar retail-type establishment for sale in nor mal retail quantities or service of such articles to consumers at such establishments if such es tablishments are subject to such inspection pro visions only under this paragraph (c). For the purposes of this subparagraph, operations con ducted at a restaurant central kitchen facility shall be considered as being conducted at a res taurant if the restaurant central kitchen pre pares 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 de termines that the sanitary conditions or prac tices 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 de velopment and enforcement of minimum re quirements; 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 inspec tion requirements at least equal to those im posed 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 designa tion of such State under this paragraph (c), but this shall not preclude the subsequent redesig nation of the State at any time upon thirty days notice to the Governor and publication in the Federal Register in accordance with this para graph, 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 ef fectively enforcing requirements at least equal to those imposed under subchapters I and IV of this chapter. (4) Periodic review; report to Congressional com mittees 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 re spect 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 re quired under section 691 1 of this title. (d) ‘‘State’’ defined As used in this section, the term ‘‘State’’ means any State (including the Commonwealth of Puerto Rico) or organized Territory. (Mar. 4, 1907, ch. 2907, title III § 301, as added Pub. L. 90–201, § 15, Dec. 15, 1967, 81 Stat. 595; amended Pub. L. 98–487, § 1, Oct. 17, 1984, 98 Stat. 2264; Pub. L. 103–437, § 8(2), Nov. 2, 1994, 108 Stat. 4588.) REFERENCES IN TEXT Section 691 of this title, referred to in subsec. (c)(4), was omitted from the Code. CODIFICATION In subsec. (c)(1), (4), ‘‘December 15, 1967’’ substituted for ‘‘enactment of the Wholesome Meat Act’’. AMENDMENTS 1994—Subsec. (c)(4). Pub. L. 103–437 substituted ‘‘Agri culture, Nutrition, and Forestry’’ for ‘‘Agriculture and Forestry’’. 1984—Subsec. (c)(2). Pub. L. 98–487 inserted provisions relating to operations conducted at a restaurant cen tral kitchen facility. Page 490 TITLE 21—FOOD AND DRUGS § 671 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 Organi zation and Employees. SUBCHAPTER IV—AUXILIARY PROVISIONS § 671. Inspection services; refusal or withdrawal; hearing; business unfitness based upon cer tain convictions; other provisions for with drawal of services unaffected; responsible connection with business; finality of Sec retary’s actions; judicial review; record The Secretary may (for such period, or indefi nitely, 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 establish ment if he determines, after opportunity for a hearing is accorded to the applicant for, or re cipient of, such service, that such applicant or recipient is unfit to engage in any business re quiring 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 ac quiring, handling, or distributing of unwhole some, 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 con ditions 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 ex ecutive capacity. The determination and order of the Secretary with respect thereto under this section shall be final and conclusive unless the affected appli cant 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 deter mination and order are based. (Mar. 4, 1907, ch. 2907, title IV, § 401, as added Pub. L. 90–201, § 16, Dec. 15, 1967, 81 Stat. 597; amended Pub. L. 99–641, title IV, § 403(b), Nov. 10, 1986, 100 Stat. 3568.) AMENDMENTS 1986—Subsec. (a). Pub. L. 99–641, § 403(b)(1), (2)(B), (C), temporarily designated provisions which related to au thority to refuse or withdraw inspection service as sub sec. (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, § 403(b)(2)(A), which directed that sub sec. (a) be amended by substituting ‘‘applicant for’’ for ‘‘applicant, for’’, could not be executed because ‘‘appli cant, for’’ does not appear. Subsecs. (b) to (e). Pub. L. 99–641, § 403(b)(6), tempo rarily added subsecs. (b) to (e). See Effective and Ter mination Dates of 1986 Amendment note below. Subsec. (f). Pub. L. 99–641, § 403(b)(3), temporarily des ignated provisions which related to other provisions for withdrawal of inspection services as subsec. (f). See Ef fective and Termination Dates of 1986 Amendment note below. Subsec. (g). Pub. L. 99–641, § 403(b)(4), temporarily des ignated provisions which related to responsible connec tion with business as subsec. (g). See Effective and Ter mination Dates of 1986 Amendment note below. Subsec. (h). Pub. L. 99–641, § 403(b)(5), temporarily des ignated provisions which related to finality of deter mination by Secretary and to judicial review as subsec. (h), substituted ‘‘Except as provided in subsection (e)(2) of this section, the determination’’ for ‘‘The determina tion’’ and ‘‘subsection (e) of this section’’ for ‘‘this sec tion’’. 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 dur ing 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 Pro gram’’ and ‘‘Savings Provision’’, respectively, under section 609 of this title. § 672. Administrative detention; duration; pend ing judicial proceedings; notification of gov ernmental authorities; release 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 be lieve that any such article is adulterated or mis branded 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 in Page 491 TITLE 21—FOOD AND DRUGS § 673 tended to be, distributed in violation of any such provisions, it may be detained by such rep resentative 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 jurisdic tion 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 de tained, until released by such representative. All official marks may be required by such rep resentative to be removed from such article or animal before it is released unless it appears to the satisfaction of the Secretary that the article or animal is eligible to retain such marks. (Mar. 4, 1907, ch. 2907, title IV, § 402, as added Pub. L. 90–201, § 16, Dec. 15, 1967, 81 Stat. 598.) § 673. Seizure and condemnation (a) Proceedings in rem; libel of information; ju risdiction; disposal by destruction or sale; proceeds into the Treasury; sales restric tions; bond; court costs and fees, storage, and other expenses against claimants; proceed ings 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, trans ported, or otherwise distributed or offered or re ceived for distribution in violation of this chap ter, 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 lia ble to be proceeded against and seized and con demned, 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 distrib uted 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 prop er 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 execu tion 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 ju risdiction in which disposal is made, the court may direct that such article or animal be deliv ered to the owner thereof subject to such super vision by authorized representatives of the Sec retary 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 de mand 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 Fed eral, State, or local government entities en gaged 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 adulter ated 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 govern ment 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 provi sions unaffected The provisions of this section shall in no way derogate from authority for condemnation or seizure conferred by other provisions of this chapter, or other laws. (Mar. 4, 1907, ch. 2907, title IV, § 403, as added Pub. L. 90–201, § 16, Dec. 15, 1967, 81 Stat. 598; amended Pub. L. 101–205, § 1, Dec. 7, 1989, 103 Stat. 1829.) AMENDMENTS 1989—Subsec. (a). Pub. L. 101–205 designated first sen tence 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 accord ance with paragraph (5), or (B)’’ after ‘‘entry of the de cree,’’, designated third and fourth sentences as pars. (3) and (4), respectively, and added par. (5). Page 492 TITLE 21—FOOD AND DRUGS § 674 1 See References in Text note below. § 674. Federal court jurisdiction of enforcement and injunction proceedings and other kinds of cases; limitations of section 607(e) of this title 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 Terri tories, are vested with jurisdiction specifically to enforce, and to prevent and restrain viola tions of, this chapter, and shall have jurisdic tion in all other kinds of cases arising under this chapter, except as provided in section 607(e) of this title. (Mar. 4, 1907, ch. 2907, title IV, § 404, as added Pub. L. 90–201, § 16, Dec. 15, 1967, 81 Stat. 599.) § 675. Assaulting, resisting, or impeding certain persons; murder; protection of such persons Any person who forcibly assaults, resists, op poses, 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 sec tions 1111 and 1114 of title 18. (Mar. 4, 1907, ch. 2907, title IV, § 405, as added Pub. L. 90–201, § 16, Dec. 15, 1967, 81 Stat. 599.) § 676. Violations (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 imprison ment 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 de fraud, or any distribution or attempted distribu tion 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 re ceiving 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 docu ments, if any there be, pertaining to the deliv ery 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 prosecu tion or for the institution of libel or injunction proceedings, minor violations of this chapter whenever he believes that the public interest will be adequately served by a suitable written notice of warning. (Mar. 4, 1907, ch. 2907, title IV, § 406, as added Pub. L. 90–201, § 16, Dec. 15, 1967, 81 Stat. 599; amended Pub. L. 99–641, title IV, § 403(c), Nov. 10, 1986, 100 Stat. 3570.) AMENDMENTS 1986—Subsec. (b). Pub. L. 99–641, § 403(c)(1), tempo rarily inserted provisions which related to factors re quired 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, § 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 dur ing 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 Pro gram’’ and ‘‘Savings Provision’’, respectively, under section 609 of this title. § 677. Other Federal laws applicable for adminis tration and enforcement of chapter; location of inquiries; jurisdiction of Federal courts For the efficient administration and enforce ment 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 1 of title 15), and the provisions of section 409(l) 1 of title 47; are made applicable to the jurisdiction, powers, and duties of the Secretary in administering and enforcing the provisions of this chapter and to any person, firm, or corporation with respect to whom such authority is exercised. The Sec retary, 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 des ignated in section 674 of this title. (Mar. 4, 1907, ch. 2907, title IV, § 407, as added Pub. L. 90–201, § 16, Dec. 15, 1967, 81 Stat. 599.) 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 re pealed by sections 211 and 242, respectively, of Pub. L. 91–452, Oct. 15, 1970, title II, 84 Stat. 929, 930. For provi sions relating to immunity of witnesses, see section 6001 et seq. of Title 18, Crimes and Criminal Procedure. Page 493 TITLE 21—FOOD AND DRUGS § 679a 1 So in original. Probably should be ‘‘requirements’’. § 678. Non-Federal jurisdiction of federally regu lated matters; prohibition of additional or different requirements for establishments with inspection services and as to marking, labeling, packaging, and ingredients; record keeping and related requirements; concur rent jurisdiction over distribution for human food purposes of adulterated or misbranded and imported articles; other matters Requirements within the scope of this chapter with respect to premises, facilities and oper ations 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 Colum bia, except that any such jurisdiction may im pose 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 dif ferent 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 sub chapter I of this chapter, but any State or Terri tory or the District of Columbia may, consistent with the requirements under this chapter, exer cise 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 mis branded and are outside of such an establish ment, 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 Dis trict of Columbia from making requirement 1 or taking other action, consistent with this chap ter, with respect to any other matters regulated under this chapter. (Mar. 4, 1907, ch. 2907, title IV, § 408, as added Pub. L. 90–201, § 16, Dec. 15, 1967, 81 Stat. 600.) § 679. Application of Federal Food, Drug, and Cosmetic Act (a) Authorities under food, drug, and cosmetic provisions unaffected Notwithstanding any other provisions of law, including section 1002(b) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 392(a)), the provisions of this chapter shall not derogate from any authority conferred by the Federal Food, Drug, and Cosmetic Act [21 U.S.C. 301 et seq.] prior to December 15, 1967. (b) Enforcement proceedings; detainer authority of representatives of Secretary of Health and Human Services The detainer authority conferred by section 672 of this title shall apply to any authorized representative of the Secretary of Health and Human Services for purposes of the enforcement of the Federal Food, Drug, and Cosmetic Act [21 U.S.C. 301 et seq.] with respect to any carcass, part thereof, meat, or meat food product of cat tle, sheep, swine, goats, or equines that is out side any premises at which inspection is being maintained under this chapter, and for such pur poses the first reference to the Secretary in sec tion 672 of this title shall be deemed to refer to the Secretary of Health and Human Services. (Mar. 4, 1907, ch. 2907, title IV, § 409, as added Pub. L. 90–201, § 16, Dec. 15, 1967, 81 Stat. 600; amended Pub. L. 96–88, title V, § 509(b), Oct. 17, 1979, 93 Stat. 695; Pub. L. 111–31, div. A, title I, § 103(o), June 22, 2009, 123 Stat. 1838.) 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 chap ter 9 (§ 301 et seq.) of this title. For complete classifica tion of this Act to the Code, see section 301 of this title and Tables. AMENDMENTS 2009—Subsec. (a). Pub. L. 111–31 substituted ‘‘section 1002(b)’’ for ‘‘section 902(b)’’. CHANGE OF NAME ‘‘Secretary of Health and Human Services’’ sub stituted for ‘‘Secretary of Health, Education, and Wel fare’’ in subsec. (b) pursuant to section 509(b) of Pub. L. 96–88, which is classified to section 3508(b) of Title 20, Education. § 679a. Safe Meat and Poultry Inspection Panel (a) Establishment There is established in the Department of Ag riculture 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, ne cessity, safety, cost-effectiveness, and sci entific 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 reg ulations 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-ef fective 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. Page 494 TITLE 21—FOOD AND DRUGS § 679b (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 Fed eral Register any response required of the Sec retary 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 profes sion, appointed to staggered terms not to exceed 3 years by the Secretary from nominations re ceived from the National Institutes of Health and the Federation of American Societies of Food Animal Science and based on the profes sional qualifications of the nominees. (e) Nominations (1) Initial panel In constituting the initial panel, the Sec retary shall solicit 6 nominees from the Na tional 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 veteri nary 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 para graph (1) or (2) is unsatisfactory to the Sec retary, the Secretary may request the nomi nating 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 per formance 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 Gov ernment 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 Agri culture 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 Sec retary shall allocate such sums as may be nec essary to carry out this section. (Mar. 4, 1907, ch. 2907, title IV, § 410, as added Pub. L. 104–127, title IX, § 918(a)(1)(B), Apr. 4, 1996, 110 Stat. 1188.) 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 gener ally to chapter 55A (§ 2281 et seq.) of Title 7, Agri culture. 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 (§ 451 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 451 of this title and Tables. PRIOR PROVISIONS A prior section 410 of act Mar. 4, 1907, was renumbered section 411, and is classified to section 680 of this title. § 679b. Pasteurization of meat and poultry (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 re duce the level of pathogens on meat, meat food products, poultry, and poultry products. (2) Authorization of appropriations There is authorized to be appropriated such sums as are necessary to carry out this section. (Pub. L. 107–171, title X, § 10808(a), May 13, 2002, 116 Stat. 530.) 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 sub chapters I to IV of this chapter. § 679c. Expansion of Food Safety Inspection Serv ice activities (a) In general The Secretary of Agriculture may utilize ex isting authorities to give high priority to en Page 495 TITLE 21—FOOD AND DRUGS § 683 hancing and expanding the capacity of the Food Safety Inspection Service to conduct activities to— (1) enhance the ability of the Service to in spect and ensure the safety and wholesome ness of meat and poultry products; (2) improve the capacity of the Service to in spect international meat and meat products, poultry and poultry products, and egg prod ucts 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 en tities 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 bio terrorism. (b) Authorization of appropriations There is authorized to be appropriated to carry out this section, $15,000,000 for fiscal year 2002, and such sums as may be necessary for each subsequent fiscal year. (Pub. L. 107–188, title III, § 332, June 12, 2002, 116 Stat. 679.) CODIFICATION Section was enacted as part of the Public Health Se curity and Bioterrorism Preparedness and Response Act of 2002, and not as part of the Federal Meat Inspec tion Act which is classified to subchapters I to IV of this chapter. § 680. Authorization of appropriations There are hereby authorized to be appro priated such sums as may be necessary to carry out the provisions of this chapter. (Mar. 4, 1907, ch. 2907, title IV, § 411, formerly § 410, as added Pub. L. 90–201, § 16, Dec. 15, 1967, 81 Stat. 600; renumbered § 411, Pub. L. 104–127, title IX, § 918(a)(1)(A), Apr. 4, 1996, 110 Stat. 1188.) SUBCHAPTER IV–A—INSPECTIONS BY FEDERAL AND STATE AGENCIES § 683. Interstate shipment of meat inspected by Federal and State agencies for certain small establishments (a) Definitions (1) Appropriate State agency The term ‘‘appropriate State agency’’ means a State agency described in section 661(b) of this title. (2) Designated personnel The term ‘‘designated personnel’’ means in spection personnel of a State agency that have undergone all necessary inspection training and certification to assist the Secretary in the administration and enforcement of this chap ter, including rules and regulations issued under this chapter. (3) Eligible establishment The term ‘‘eligible establishment’’ means an establishment that is in compliance with— (A) the State inspection program of the State in which the establishment is located; and (B) this chapter, including rules and regu lations issued under this chapter. (4) Meat item The term ‘‘meat item’’ means— (A) a portion of meat; and (B) a meat food product. (5) Selected establishment The term ‘‘selected establishment’’ means an eligible establishment that is selected by the Secretary, in coordination with the appro priate State agency of the State in which the eligible establishment is located, under sub section (b) to ship carcasses, portions of car casses, and meat items in interstate com merce. (b) Authority of Secretary to allow shipments (1) In general Subject to paragraph (2), the Secretary, in coordination with the appropriate State agen cy of the State in which an establishment is located, may select the establishment to ship carcasses, portions of carcasses, and meat items in interstate commerce, and place on each carcass, portion of a carcass, and meat item shipped in interstate commerce a Federal mark, stamp, tag, or label of inspection, if— (A) the carcass, portion of carcass, or meat item qualifies for the mark, stamp, tag, or label of inspection under the requirements of this chapter; (B) the establishment is an eligible estab lishment; and (C) inspection services for the establish ment are provided by designated personnel. (2) Prohibited establishments In carrying out paragraph (1), the Secretary, in coordination with an appropriate State agency, shall not select an establishment that— (A) on average, employs more than 25 em ployees (including supervisory and non supervisory employees), as defined by the Secretary; (B) as of the date of the enactment of this section, ships in interstate commerce car casses, portions of carcasses, or meat items that are inspected by the Secretary in ac cordance with this chapter; (C)(i) is a Federal establishment; (ii) was a Federal establishment that was reorganized on a later date under the same name or a different name or person by the person, firm, or corporation that controlled the establishment as of the date of the en actment of this section; or (iii) was a State establishment as of the date of the enactment of this section that— (I) as of the date of the enactment of this section, employed more than 25 employees; and (II) was reorganized on a later date by the person, firm, or corporation that con trolled the establishment as of the date of the enactment of this section; (D) is in violation of this chapter; (E) is located in a State that does not have a State inspection program; or (F) is the subject of a transition carried out in accordance with a procedure devel Page 496 TITLE 21—FOOD AND DRUGS § 683 oped by the Secretary under paragraph (3)(A). (3) Establishments that employ more than 25 employees (A) Development of procedure The Secretary may develop a procedure to transition to a Federal establishment any establishment under this section that, on av erage, consistently employs more than 25 employees. (B) Eligibility of certain establishments (i) In general A State establishment that employs more than 25 employees but less than 35 employees as of the date of the enactment of this section may be selected as a se lected establishment under this sub section. (ii) Procedures A State establishment shall be subject to the procedures established under subpara graph (A) beginning on the date that is 3 years after the effective date described in subsection (j). (c) Reimbursement of State costs The Secretary shall reimburse a State for costs related to the inspection of selected estab lishments in the State in accordance with Fed eral requirements in an amount of not less than 60 percent of eligible State costs. (d) Coordination between Federal and State agencies (1) In general The Secretary shall designate an employee of the Federal Government as State coordina tor for each appropriate State agency— (A) to provide oversight and enforcement of this subchapter; and (B) to oversee the training and inspection activities of designated personnel of the State agency. (2) Supervision A State coordinator shall be under the direct supervision of the Secretary. (3) Duties of State coordinator (A) In general A State coordinator shall visit selected es tablishments with a frequency that is appro priate to ensure that selected establish ments are operating in a manner that is con sistent with this chapter (including regula tions and policies under this chapter). (B) Quarterly reports A State coordinator shall, on a quarterly basis, submit to the Secretary a report that describes the status of each selected estab lishment that is under the jurisdiction of the State coordinator with respect to the level of compliance of each selected establishment with the requirements of this chapter. (C) Immediate notification requirement If a State coordinator determines that any selected establishment that is under the ju risdiction of the State coordinator is in vio lation of any requirement of this chapter, the State coordinator shall— (i) immediately notify the Secretary of the violation; and (ii) deselect the selected establishment or suspend inspection at the selected es tablishment. (4) Performance evaluations Performance evaluations of State coordina tors designated under this subsection shall be conducted by the Secretary as part of the Fed eral agency management control system. (e) Audits (1) Periodic audits conducted by Inspector General of the Department of Agriculture Not later than 2 years after the effective date described in subsection (j), and not less often than every 3 years thereafter, the In spector General of the Department of Agri culture shall conduct an audit of each activity taken by the Secretary under this section for the period covered by the audit to determine compliance with this section. (2) Audit conducted by Comptroller General of the United States Not earlier than 3 years, nor later than 5 years, after the date of the enactment of this section, the Comptroller General of the United States shall conduct an audit of the imple mentation of this section to determine— (A) the effectiveness of the implementa tion of this section; and (B) the number of selected establishments selected by the Secretary to ship carcasses, portions of carcasses, or meat items under this section. (f) Technical assistance division (1) Establishment Not later than 180 days after the effective date described in subsection (j), the Secretary shall establish in the Food Safety and Inspec tion Service of the Department of Agriculture a technical assistance division to coordinate the initiatives of any other appropriate agen cy of the Department of Agriculture to pro vide— (A) outreach, education, and training to very small or certain small establishments (as defined by the Secretary); and (B) grants to appropriate State agencies to provide outreach, technical assistance, edu cation, and training to very small or certain small establishments (as defined by the Sec retary). (2) Personnel The technical assistance division shall be comprised of individuals that, as determined by the Secretary— (A) are of a quantity sufficient to carry out the duties of the technical assistance di vision; and (B) possess appropriate qualifications and expertise relating to the duties of the tech nical assistance division. (g) Transition grants The Secretary may provide grants to appro priate State agencies to assist the appropriate Page 497 TITLE 21—FOOD AND DRUGS § 694 State agencies in helping establishments cov ered by subchapter III to transition to selected establishments. (h) Violations Any selected establishment that the Secretary determines to be in violation of any requirement of this chapter shall be transitioned to a Federal establishment in accordance with a procedure developed by the Secretary under subsection (b)(3)(A). (i) Effect Nothing in this section limits the jurisdiction of the Secretary with respect to the regulation of meat and meat products under this chapter. (j) Effective date (1) In general This section takes effect on the date on which the Secretary, after providing a period of public comment (including through the con duct of public meetings or hearings), promul gates final regulations to carry out this sec tion. (2) Requirement Not later than 18 months after the date of the enactment of this section, the Secretary shall promulgate final regulations in accord ance with paragraph (1). (Mar. 4, 1907, ch. 2907, title V, § 501, as added Pub. L. 110–234, title XI, § 11015(a), May 22, 2008, 122 Stat. 1362, and Pub. L. 110–246, § 4(a), title XI, § 11015(a), June 18, 2008, 122 Stat. 1664, 2124.) REFERENCES IN TEXT The date of the enactment of this section, referred to in subsecs. (b)(2)(B), (C)(ii), (iii), (3)(B)(i), (e)(2), and (j)(2), is the date of enactment of Pub. L. 110–246, which was approved June 18, 2008. CODIFICATION Pub. L. 110–234 and Pub. L. 110–246 enacted identical sections. Pub. L. 110–234 was repealed by section 4(a) of Pub. L. 110–246. EFFECTIVE DATE Enactment of this section and repeal of Pub. L. 110–234 by Pub. L. 110–246 effective May 22, 2008, the date of enactment of Pub. L. 110–234, see section 4 of Pub. L. 110–246, set out as a note under section 8701 of Title 7, Agriculture. SUBCHAPTER V—MISCELLANEOUS PROVISIONS § 691. Omitted CODIFICATION Section, Pub. L. 90–201, § 17, Dec. 15, 1967, 81 Stat. 600; Pub. L. 103–437, § 8(3), Nov. 2, 1994, 108 Stat. 4588, which required the Secretary of Agriculture to report annu ally 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 car casses 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. § 692. Inspection extended to reindeer The provisions of the meat-inspection law may be extended to the inspection of reindeer. (June 30, 1914, ch. 131, 38 Stat. 420.) CODIFICATION Section was enacted as part of the appropriation act cited as the credit to this section and not as part of the Federal Meat Inspection Act which is classified to sub chapters I to IV–A of this chapter. Section was formerly classified to section 94 of this title. § 693. Inspection of dairy products for export The act of March 3, 1891, as amended, for the inspection of live cattle and products thereof, shall be deemed to include dairy products in tended 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 pro visions of said act relating to live cattle and products thereof for export shall apply to dairy products so inspected and certified. (May 23, 1908, ch. 192, 35 Stat. 254.) 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 classi fied 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. CODIFICATION Section was not enacted as part of the Federal Meat Inspection Act which is classified to subchapters I to IV–A of this chapter. Section was formerly classified to sections 94a and 132 of this title. § 694. Authorization of appropriations Annual appropriations of the sum of $3,000,000 from the general fund of the Treasury are au thorized 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 ex penses necessary to carry into effect the provi sions of this Act relating to meat inspection, in cluding 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 en forcement of the meat inspection laws. (June 30, 1906, ch. 3913, 34 Stat. 679; June 26, 1934, ch. 756, § 2, 48 Stat. 1225.) REFERENCES IN TEXT This Act, referred to in text, is act June 30, 1906, ch. 3913, 34 Stat. 669, which made appropriations for the De partment of Agriculture for the fiscal year ending June 30, 1907. CODIFICATION Section 2 of act June 26, 1934, which was classified to section 725a of former Title 31, Money and Finance, re Page 498 TITLE 21—FOOD AND DRUGS § 695 pealed 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 author ized, 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 par enthetical ‘‘(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 chap ter. Section was not enacted as part of the Federal Meat Inspection Act which is classified to subchapters I to IV–A of this chapter. Section was formerly classified to section 95 of this title. § 695. Payment of cost of meat-inspection service; exception The cost of inspection rendered on and after July 1, 1948, under the requirements of laws re lating to Federal inspection of meat and meat food products shall be borne by the United States except the cost of overtime and holiday pay paid pursuant to section 2219a of title 7. (June 5, 1948, ch. 423, 62 Stat. 344; Pub. L. 107–171, title X, § 10703(c)(2), May 13, 2002, 116 Stat. 517.) 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, Agri culture, amended this section, section 468 of this title, and section 5549 of Title 5, Government Organization and Employees, and repealed section 394 of Title 7. CODIFICATION Section was formerly classified to section 98 of this title. Section was not enacted as part of the Federal Meat Inspection Act which is classified to subchapters I to IV–A of this chapter. AMENDMENTS 2002—Pub. L. 107–171 substituted ‘‘overtime and holi day pay paid pursuant to section 2219a of title 7.’’ for ‘‘overtime pursuant to section 394 of title 7.’’ CHAPTER 13—DRUG ABUSE PREVENTION AND CONTROL SUBCHAPTER I—CONTROL AND ENFORCEMENT PART A—INTRODUCTORY PROVISIONS Sec. 801. Congressional findings and declarations: con trolled substances. 801a. Congressional findings and declarations: psy chotropic substances. 802. Definitions. 803. Repealed. PART B—AUTHORITY TO CONTROL; STANDARDS AND SCHEDULES 811. Authority and criteria for classification of substances. 812. Schedules of controlled substances. 813. Treatment of controlled substance analogues. 814. Removal of exemption of certain drugs. PART C—REGISTRATION OF MANUFACTURERS, DISTRIBU TORS, AND DISPENSERS OF CONTROLLED SUBSTANCES 821. Rules and regulations. Sec. 822. Persons required to register. 823. Registration requirements. 824. Denial, revocation, or suspension of registra tion. 825. Labeling and packaging. 826. Production quotas for controlled substances. 827. Records and reports of registrants. 828. Order forms. 829. Prescriptions. 830. Regulation of listed chemicals and certain machines. 831. Additional requirements relating to online pharmacies and telemedicine. PART D—OFFENSES AND PENALTIES 841. Prohibited acts A. 842. Prohibited acts B. 843. Prohibited acts C. 844. Penalties for simple possession. 844a. Civil penalty for possession of small amounts of certain controlled substances. 845 to 845b. Transferred. 846. Attempt and conspiracy. 847. Additional penalties. 848. Continuing criminal enterprise. 849. Transportation safety offenses. 850. Information for sentencing. 851. Proceedings to establish prior convictions. 852. Application of treaties and other inter national agreements. 853. Criminal forfeitures. 853a. Transferred. 854. Investment of illicit drug profits. 855. Alternative fine. 856. Maintaining drug-involved premises. 857. Repealed. 858. Endangering human life while illegally manu facturing controlled substance. 859. Distribution to persons under age twenty-one. 860. Distribution or manufacturing in or near schools and colleges. 860a. Consecutive sentence for manufacturing or distributing, or possessing with intent to manufacture or distribute, methamphet amine on premises where children are present or reside. 861. Employment or use of persons under 18 years of age in drug operations. 862. Denial of Federal benefits to drug traffickers and possessors. 862a. Denial of assistance and benefits for certain drug-related convictions. 862b. Sanctioning for testing positive for con trolled substances. 863. Drug paraphernalia. 864. Anhydrous ammonia. 864a. Grants to reduce production of methamphetamines from anhydrous ammo nia. 865. Smuggling methamphetamine or meth amphetamine precursor chemicals into the United States while using facilitated entry programs. PART E—ADMINISTRATIVE AND ENFORCEMENT PROVISIONS 871. Attorney General. 871a. Semiannual reports to Congress. 872. Education and research programs of Attorney General. 872a. Public-private education program. 873. Cooperative arrangements. 874. Advisory committees. 875. Administrative hearings. 876. Subpenas. 877. Judicial review. 878. Powers of enforcement personnel. 879. Search warrants.