Federal Meat Inspection Act
Title 21 - Food and Drugs
Chapter 12 - Meat Inspection
SUBCHAPTER I - INSPECTION REQUIREMENTS; ADULTERATION
AND MISBRANDING
§601. Definitions.
(a) The term “Secretary” means the Secretary of Agriculture of the United
States or his delegate.
(b) The term “firm” means any partnership, association, or other
unincorporated business organization.
(c) The term “meat broker” means any person, firm, or corporation engaged in
the business of buying or selling carcasses, parts of carcasses, meat, or
meat food products of cattle, sheep, swine, goats, horses, mules, or other
equines on commission, or otherwise negotiating purchases or sales of such
articles other than for his own account or as an employee of another person,
firm, or corporation.
(d) The term “renderer” means any person, firm, or corporation engaged in
the business of rendering carcasses or parts or products of the carcasses,
of cattle, sheep, swine, goats, horses, mules, or other equines, except
rendering conducted under inspection or exemption under this subchapter.
(e) The term “animal food manufacturer” means any person, firm, or
corporation engaged in the business of manufacturing or processing animal
food derived wholly or in part from carcasses, or parts or products of the
carcasses, of cattle, sheep, swine, goats, horses, mules, or other equines.
(f) The term “State” means any State of the United States and the
Commonwealth of Puerto Rico.
(g) The term “Territory” means Guam, the Virgin Islands of the United
States, American Samoa, and any other territory or possession of the United
States, excluding the Canal Zone.
(h) The term “commerce” means commerce between any State, any Territory, or
the District of Columbia, and any place outside thereof; or within any
Territory not organized with a legislative body, or the District of
Columbia.
(i) The term “United States” means the States, the District of Columbia, and
the Territories of the United States.
(j) The term “meat food product” means any product capable of use as human
food which is made wholly or in part from any meat or other portion of the
carcass of any cattle, sheep, swine, or goats, excepting products which
contain meat or other portions of such carcasses only in a relatively small
proportion or historically have not been considered by consumers as products
of the meat food industry, and which are exempted from definition as a meat
food product by the Secretary under such conditions as he may prescribe to
assure that the meat or other portions of such carcasses contained in such
product are not adulterated and that such products are not represented as
meat food products. This term as applied to food products of equines shall
have a meaning comparable to that provided in this paragraph with respect to
cattle, sheep, swine, and goats.
(k) The term “capable of use as human food” shall apply to any carcass, or
part or product of a carcass, of any animal, unless it is denatured or
otherwise identified as required by regulations prescribed by the Secretary
to deter its use as human food, or it is naturally inedible by humans.
(l) The term “prepared” means slaughtered, canned, salted, rendered, boned,
cut up, or otherwise manufactured or processed.
(m) The term “adulterated” shall apply to any carcass, part thereof, meat or
meat food product under one or more of the following circumstances:
(1) if it bears or contains any poisonous or deleterious substance
which may render it injurious to health; but in case the substance is
not an added substance, such article shall not be considered adulterated
under this clause if the quantity of such substance in or on such
article does not ordinarily render it injurious to health;
(2)
(A) if it bears or contains (by reason of administration of any
substance to the live animal or otherwise) any added poisonous or
added deleterious substance (other than one which is
(i) a pesticide chemical in or on a raw agricultural
commodity;
(ii) a food additive; or
(iii) a color additive) which may, in the judgment of the
Secretary, make such article unfit for human food;
(B) if it is, in whole or in part, a raw agricultural commodity
and such commodity bears or contains a pesticide chemical which is
unsafe within the meaning of section 346a of this title,
(C) if it bears or contains any food additive which is unsafe within
the meaning of section 348 of this title,
(D) if it bears or contains any color additive which is unsafe
within the meaning of section 379e of this title: Provided, That an
article which is not adulterated under clause (B), (C), or (D) shall
nevertheless be deemed adulterated if use of the pesticide chemical,
food additive, or color additive in or on such article is prohibited
by regulations of the Secretary in establishments at which
inspection is maintained under this subchapter;
(3) if it consists in whole or in part of any filthy, putrid, or
decomposed substance or is for any other reason unsound, unhealthful,
unwholesome, or otherwise unfit for human food;
(4) if it has been prepared, packed, or held under insanitary conditions
whereby it may have become contaminated with filth, or whereby it may
have been rendered injurious to health;
(5) if it is, in whole or in part, the product of an animal which has
died otherwise than by slaughter;
(6) if its container is composed, in whole or in part, of any poisonous
or deleterious substance which may render the contents injurious to
health;
(7) if it has been intentionally subjected to radiation, unless the use
of the radiation was in conformity with a regulation or exemption in
effect pursuant to section 348 of this title;
(8) if any valuable constituent has been in whole or in part omitted or
abstracted therefrom; or if any substance has been substituted, wholly
or in part therefor; or if damage or inferiority has been concealed in
any manner; or if any substance has been added thereto or mixed or
packed therewith so as to increase its bulk or weight, or reduce its
quality or strength, or make it appear better or of greater value than
it is; or
(9) if it is margarine containing animal fat and any of the raw material
used therein consisted in whole or in part of any filthy, putrid, or
decomposed substance.
(n) The term “misbranded” shall apply to any carcass, part thereof, meat
or meat food product under one or more of the following circumstances:
(1) if its labeling is false or misleading in any particular;
(2) if it is offered for sale under the name of another food;
(3) if it is an imitation of another food, unless its label bears, in
type of uniform size and prominence, the word “imitation” and
immediately thereafter, the name of the food imitated;
(4) if its container is so made, formed, or filled as to be misleading;
(5) if in a package or other container unless it bears a label showing
(A) the name and place of business of the manufacturer, packer,
or distributor; and
(B) an accurate statement of the quantity of the contents in terms
of weight, measure, or numerical count: Provided, That under clause
(B) of this subparagraph (5), reasonable variations may be
permitted, and exemptions as to small packages may be established,
by regulations prescribed by the Secretary;
(6) if any word, statement, or other information required by or under
authority of this chapter to appear on the label or other labeling is
not prominently placed thereon with such conspicuousness (as compared
with other words, statements, designs, or devices, in the labeling) and
in such terms as to render it likely to be read and understood by the
ordinary individual under customary conditions of purchase and use;
(7) if it purports to be or is represented as a food for which a
definition and standard of identity or composition has been prescribed
by regulations of the Secretary under section 607 of this title unless
(A) it conforms to such definition and standard, and
(B) its label bears the name of the food specified in the definition
and standard and, insofar as may be required by such regulations,
the common names of optional ingredients (other than spices,
flavoring, and coloring) present in such food;
(8) if it purports to be or is represented as a food for which a
standard or standards of fill of container have been prescribed by
regulations of the Secretary under section 607 of this title, and it
falls below the standard of fill of container applicable thereto, unless
its label bears, in such manner and form as such regulations specify, a
statement that it falls below such standard;
(9) if it is not subject to the provisions of subparagraph (7), unless
its label bears
(A) the common or usual name of the food, if any there be, and
(B) in case it is fabricated from two or more ingredients, the
common or usual name of each such ingredient; except that spices,
flavorings, and colorings may, when authorized by the Secretary, be
designated as spices, flavorings, and colorings without naming each:
Provided, That to the extent that compliance with the requirements
of clause (B) of this subparagraph (9) is impracticable, or results
in deception or unfair competition, exemptions shall be established
by regulations promulgated by the Secretary;
(10) if it purports to be or is represented for special dietary uses,
unless its label bears such information concerning its vitamin, mineral,
and other dietary properties as the Secretary, after consultation with
the Secretary of Health and Human Services, determines to be, and by
regulations prescribes as, necessary in order fully to inform purchasers
as to its value for such uses;
(11) if it bears or contains any artificial flavoring, artificial
coloring, or chemical preservative, unless it bears labeling stating
that fact: Provided, That, to the extent that compliance with the
requirements of this subparagraph (11) is impracticable, exemptions
shall be established by regulations promulgated by the Secretary; or
(12) if it fails to bear, directly thereon or on its container, as the
Secretary may by regulations prescribe, the inspection legend and,
unrestricted by any of the foregoing, such other information as the
Secretary may require in such regulations to assure that it will not
have false or misleading labeling and that the public will be informed
of the manner of handling required to maintain the article in a
wholesome condition.
(o) The term “label” means a display of written, printed, or graphic
matter upon the immediate container (not including package liners) of any
article.
(p) The term “labeling” means all labels and other written, printed, or
graphic matter
(1) upon any article or any of its containers or wrappers, or
(2) accompanying such article.
(q) The term “Federal Food, Drug, and Cosmetic Act [21 U.S.C. 301 et
seq.]” means the Act so entitled, approved June 25, 1938 (52 Stat. 1040),
and Acts amendatory thereof or supplementary thereto.
(r) The terms “pesticide chemical,” “food additive,” “color additive,” and
“raw agricultural commodity” shall have the same meanings for purposes of
this chapter as under the Federal Food, Drug, and Cosmetic Act [21 U.S.C.
301 et seq.].
(s) The term “official mark” means the official inspection legend or any
other symbol prescribed by regulations of the Secretary to identify the
status of any article or animal under this chapter.
(t) The term “official inspection legend” means any symbol prescribed by
regulations of the Secretary showing that an article was inspected and
passed in accordance with this chapter.
(u) The term “official certificate” means any certificate prescribed by
regulations of the Secretary for issuance by an inspector or other person
performing official functions under this chapter.
(v) The term “official device” means any device prescribed or authorized by
the Secretary for use in applying any official mark.
§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 foreign commerce. It is essential in
the public interest that the health and welfare of consumers be protected by
assuring that meat and meat food products distributed to them are wholesome,
not adulterated, and properly marked, labeled, and packaged. Unwholesome,
adulterated, or misbranded meat or meat food products impair the effective
regulation of meat and meat food products in interstate or foreign commerce,
are injurious to the public welfare, destroy markets for wholesome, not
adulterated, and properly labeled and packaged meat and meat food products,
and result in sundry losses to livestock producers and processors of meat
and meat food products, as well as injury to consumers. The unwholesome,
adulterated, mislabeled, or deceptively packaged articles can be sold at
lower prices and compete unfairly with the wholesome, not adulterated, and
properly labeled and packaged articles, to the detriment of consumers and
the public generally. It is hereby found that all articles and animals which
are regulated under this chapter are either in interstate or foreign
commerce or substantially affect such commerce, and that regulation by the
Secretary and cooperation by the States and other jurisdictions as
contemplated by this chapter are appropriate to prevent and eliminate
burdens upon such commerce, to effectively regulate such commerce, and to
protect the health and welfare of consumers.
§603. Inspection of meat and meat food products.
(a) Examination of animals before slaughtering; diseased animals
slaughtered separately and carcasses examined
For the purpose of preventing the use in commerce of meat and meat food
products which are adulterated, the Secretary shall cause to be made, by
inspectors appointed for that purpose, an examination and inspection of all
cattle, sheep, swine, goats, horses, mules, and other equines before they
shall be allowed to enter into any slaughtering, packing, meat-canning,
rendering, or similar establishment, in which they are to be slaughtered and
the meat and meat food products thereof are to be used in commerce; and all
cattle, sheep, swine, goats, horses, mules, and other equines found on such
inspection to show symptoms of disease shall be set apart and slaughtered
separately from all other cattle, sheep, swine, goats, horses, mules, or
other equines, and when so slaughtered the carcasses of said cattle, sheep,
swine, goats, horses, mules, or other equines shall be subject to a careful
examination and inspection, all as provided by the rules and regulations to
be prescribed by the Secretary, as provided for in this subchapter.
(b) Humane methods of slaughter.
For the purpose of preventing the inhumane slaughtering of
livestock, the Secretary shall cause to be made, by inspectors
appointed for that purpose, an examination and inspection of the
method by which cattle, sheep, swine, goats, horses, mules, and
other equines are slaughtered and handled in connection with
slaughter in the slaughtering establishments inspected under this
chapter. The Secretary may refuse to provide inspection to a new
slaughtering establishment or may cause inspection to be
temporarily suspended at a slaughtering establishment if the
Secretary finds that any cattle, sheep, swine, goats, horses,
mules, or other equines have been slaughtered or handled in
connection with slaughter at such establishment by any method not
in accordance with the Act of August 27, 1958 (72 Stat. 862; 7
U.S.C. 1901–1906) until the establishment furnishes assurances
satisfactory to the Secretary that all slaughtering and handling
in connection with slaughter of livestock shall be in accordance
with such a method.
§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 examination and
inspection of the carcasses and parts thereof of all cattle, sheep, swine,
goats, horses, mules, and other equines to be prepared at any slaughtering,
meat-canning, salting, packing, rendering, or similar establishment in any
State, Territory, or the District of Columbia as articles of commerce which
are capable of use as human food; and the carcasses and parts thereof of all
such animals found to be not adulterated shall be marked, stamped, tagged,
or labeled as “Inspected and passed”; and said inspectors shall label, mark,
stamp, or tag as “Inspected and condemned” all carcasses and parts thereof
of animals found to be adulterated; and all carcasses and parts thereof thus
inspected and condemned shall be destroyed for food purposes by the said
establishment in the presence of an inspector, and the Secretary may remove
inspectors from any such establishment which fails to so destroy any such
condemned carcass or part thereof, and said inspectors, after said first
inspection, shall, when they deem it necessary, reinspect said carcasses or
parts thereof to determine whether since the first inspection the same have
become adulterated, and if any carcass or any part thereof shall, upon
examination and inspection subsequent to the first examination and
inspection, be found to be adulterated, it shall be destroyed for food
purposes by the said establishment in the presence of an inspector, and the
Secretary may remove inspectors from any establishment which fails to so
destroy any such condemned carcass or part thereof.
§605. Examination of carcasses brought into slaughtering
or packing establishments, and of meat food products issued from and returned
thereto; conditions for entry.
The foregoing provisions shall apply to all carcasses or parts of carcasses
of cattle, sheep, swine, goats, horses, mules, and other equines or the meat
or meat products thereof which may be brought into any slaughtering,
meat-canning, salting, packing, rendering, or similar establishment, and
such examination and inspection shall be had before the said carcasses or
parts thereof shall be allowed to enter into any department wherein the same
are to be treated and prepared for meat food products; and the foregoing
provisions shall also apply to all such products, which, after having been
issued from any slaughtering, meat-canning, salting, packing, rendering, or
similar establishment, shall be returned to the same or to any similar
establishment where such inspection is maintained. The Secretary may limit
the entry of carcasses, parts of carcasses, meat and meat food products, and
other materials into any establishment at which inspection under this
subchapter is maintained, under such conditions as he may prescribe to
assure that allowing the entry of such articles into such inspected
establishments will be consistent with the purposes of this chapter.
§606. Inspectors of meat food products; marks of inspection;
destruction of condemned products; products for export.
For the purposes hereinbefore set forth the Secretary shall cause to be
made, by inspectors appointed for that purpose, an examination and
inspection of all meat food products prepared for commerce in any
slaughtering, meat-canning, salting, packing, rendering, or similar
establishment, and for the purposes of any examination and inspection and
inspectors shall have access at all times, by day or night, whether the
establishment be operated or not, to every part of said establishment; and
said inspectors shall mark, stamp, tag, or label as “Inspected and passed”
all such products found to be not adulterated; and said inspectors shall
label, mark, stamp, or tag as “Inspected and condemned” all such products
found adulterated, and all such condemned meat food products shall be
destroyed for food purposes, as hereinbefore provided, and the Secretary may
remove inspectors from any establishment which fails to so destroy such
condemned meat food products: Provided, That subject to the rules and
regulations of the Secretary the provisions of this section in regard to
preservatives shall not apply to meat food products for export to any
foreign country and which are prepared or packed according to the
specifications or directions of the foreign purchaser, when no substance is
used in the preparation or packing thereof in conflict with the laws of the
foreign country to which said article is to be exported; but if said article
shall be in fact sold or offered for sale for domestic use or consumption
then this proviso shall not exempt said article from the operation of all
the other provisions of this chapter.
§607. Labeling, marking, and container requirements.
(a) Labeling receptacles or coverings of meat or meat food products
inspected and passed; supervision by inspectors.
When any meat or meat food product prepared for commerce which has been
inspected as hereinbefore provided and marked “Inspected and passed”
shall be placed or packed in any can, pot, tin, canvas, or other
receptacle or covering in any establishment where inspection under the
provisions of this chapter is maintained, the person, firm, or
corporation preparing said product shall cause a label to be attached to
said can, pot, tin, canvas, or other receptacle or covering, under the
supervision of an inspector, which label shall state that the contents
thereof have been “inspected and passed” under the provisions of this
chapter; and no inspection and examination of meat or meat food products
deposited or inclosed in cans, tins, pots, canvas, or other receptacle
or covering in any establishment where inspection under the provisions
of this chapter is maintained shall be deemed to be complete until such
meat or meat food products have been sealed or inclosed in said can,
tin, pot, canvas, or other receptacle or covering under the supervision
of an inspector.
(b) Information on articles or containers; legible form.
All carcasses, parts of carcasses, meat and meat food products inspected at
any establishment under the authority of this subchapter and found to be
not adulterated, shall at the time they leave the establishment bear, in
distinctly legible form, directly thereon or on their containers, as the
Secretary may require, the information required under paragraph (n) of
section 601 of this title.
(c) Labeling: type styles and sizes; definitions and standards of identity
or composition; standards of fill of container; consistency of Federal and Federal-State
standards.
The Secretary, whenever he determines such action is necessary for the protection
of the public, may prescribe:
(1) the styles and sizes of type to be used with respect to material
required to be incorporated in labeling to avoid false or misleading
labeling in marketing and labeling any articles or animals subject to
this subchapter or subchapter II of this chapter; (2)
definitions and standards of identity or composition for articles
subject to this subchapter and standards of fill of container for such
articles not inconsistent with any such standards established under the
Federal Food, Drug, and Cosmetic Act [21 U.S.C. 301 et seq.], and there
shall be consultation between the Secretary and the Secretary of Health
and Human Services prior to the issuance of such standards under either
Act relating to articles subject to this chapter to avoid inconsistency
in such standards and possible impairment of the coordinated effective
administration of these Acts. There shall also be consultation between
the Secretary and an appropriate advisory committee provided for in
section 661 of this title, prior to the issuance of such standards under
this chapter, to avoid, insofar as feasible, inconsistency between
Federal and State standards.
(d) Sales under false or misleading name, other marking or labeling
or in containers of misleading form or size; trade names, and other marking,
labeling, and containers approved by Secretary.
No article subject to this subchapter shall be sold or offered for sale by
any person, firm, or corporation, in commerce, under any name or other
marking or labeling which is false or misleading, or in any container of
a misleading form or size, but established trade names and other marking
and labeling and containers which are not false or misleading and which
are approved by the Secretary are permitted.
(e) Use withholding directive respecting false
or misleading marking, labeling, or container; modification of false or misleading
matter; hearing; withholding use pending proceedings; finality of Secretary's
action; judicial review; application of section 194 of title 7.
If the Secretary has reason to believe that any marking or labeling or the
size or form of any container in use or proposed for use with respect to
any article subject to this subchapter is false or misleading in any
particular, he may direct that such use be withheld unless the marking,
labeling, or container is modified in such manner as he may prescribe so
that it will not be false or misleading. If the person, firm, or
corporation using or proposing to use the marking, labeling or container
does not accept the determination of the Secretary, such person, firm,
or corporation may request a hearing, but the use of the marking,
labeling, or container shall, if the Secretary so directs, be withheld
pending hearing and final determination by the Secretary. Any such
determination by the Secretary shall be conclusive unless, within thirty
days after receipt of notice of such final determination, the person,
firm, or corporation adversely affected thereby appeals to the United
States court of appeals for the circuit in which such person, firm, or
corporation has its principal place of business or to the United States
Court of Appeals for the District of Columbia Circuit. The provisions of
section 194 of title 7 shall be applicable to appeals taken under this
section.
(f) Lamb and mutton.
The Secretary, consistent with United States international obligations, shall
establish standards for the labeling of sheep carcasses, parts of sheep carcasses,
sheepmeat, and sheepmeat food products.
§608. Sanitary inspection and regulation of slaughtering
and packing establishments; rejection of adulterated meat or meat food products.
The Secretary shall cause to be made, by experts in sanitation or by other
competent inspectors, such inspection of all slaughtering, meat canning,
salting, packing, rendering, or similar establishments in which cattle,
sheep, swine, goats, horses, mules and other equines are slaughtered and the
meat and meat food products thereof are prepared for commerce as may be
necessary to inform himself concerning the sanitary conditions of the same,
and to prescribe the rules and regulations of sanitation under which such
establishments shall be maintained; and where the sanitary conditions of any
such establishment are such that the meat or meat food products are rendered
adulterated, he shall refuse to allow said meat or meat food products to be
labeled, marked, stamped or tagged as “inspected and passed.”
§609. Examination of animals and food products thereof,
slaughtered and prepared during nighttime.
The Secretary shall cause an examination and inspection of all cattle,
sheep, swine, goats, horses, mules and other equines, and the food products
thereof, slaughtered and prepared in the establishments hereinbefore
described for the purposes of commerce to be made during the nighttime as
well as during the daytime when the slaughtering of said cattle, sheep,
swine, goats, horses, mules, and other equines, or the preparation of said
food products is conducted during the nighttime.
§610. Prohibited acts.
No person, firm, or corporation shall, with respect to any cattle,
sheep, swine, goats, horses, mules, or other equines, or any carcasses, parts
of carcasses, meat or meat food products of any such animals -
(a) Slaughtering animals or preparation of articles capable of use
as human food.
Slaughter any such animals or prepare any such articles which are capable
of use as human food at any establishment preparing any such articles for
commerce, except in compliance with the requirements of this chapter;
(b) Humane methods of slaughter.
Slaughter or handle in connection with slaughter any such animals in any manner
not in accordance with the Act of August 27, 1958 (72 Stat. 862; 7 U.S.C.
1901-1906);
(c) Sales, transportation, and other transactions.
Sell, transport, offer for sale or transportation, or receive for transportation,
in commerce,
(1) any such articles which
(A) are capable of use as human food and
(B) are adulterated or misbranded at the time of such sale, transportation,
offer for sale or transportation, or receipt for transportation; or
(2) any articles required to be inspected under this subchapter unless they
have been so inspected and passed;
(d) Adulteration or misbranding.
Do, with respect to any such articles which are capable of use as human food,
any act while they are being transported in commerce or held for sale after
such transportation, which is intended to cause or has the effect of causing
such articles to be adulterated or misbranded.
§611. Devices, marks, labels, and certificates; simulations.
(a) Devices to be made under authorization of Secretary.
No brand manufacturer, printer, or other person, firm, or corporation shall
cast, print, lithograph, or otherwise make any device containing any
official mark or simulation thereof, or any label bearing any such mark
or simulation, or any form of official certificate or simulation
thereof, except as authorized by the Secretary.
(b) Other misconduct.
No person, firm, or corporation shall -
(1) forge any official device, mark, or certificate;
(2) without authorization from the Secretary use any official device, mark,
or certificate, or simulation thereof, or alter, detach, deface, or destroy
any official device, mark, or certificate;
(3) contrary to the regulations prescribed by the Secretary, fail to use,
or to detach, deface, or destroy any official device, mark, or certificate;
(4) knowingly possess, without promptly notifying the Secretary or his representative,
any official device or any counterfeit, simulated, forged, or improperly altered
official certificate or any device or label or any carcass of any animal,
or part or product thereof, bearing any counterfeit, simulated, forged, or
improperly altered official mark;
(5) knowingly make any false statement in any shipper's certificate or other
nonofficial or official certificate provided for in the regulations prescribed
by the Secretary; or
(6) knowingly represent that any article has been inspected and passed, or
exempted, under this chapter when, in fact, it has, respectively, not been
so inspected and passed, or exempted.
§612. to 614. Repealed. Pub. L. 107–171, title X, §
10418(a)(19), May 13, 2002, 116 Stat. 508
Section 612, act 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. Section was formerly classified to
section 80 of this title.
Section 613, act 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. Section
was formerly classified to section 81 of this title.
Section 614, act Mar. 4, 1907, ch. 2907, title I, § 14,
formerly 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 carrying 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 cattle, sheep, swine, goats, horses,
mules, and other equines, the meat of which, fresh, salted, canned, corned,
packed, cured, or otherwise prepared, is intended and offered for export to
any foreign country, at such times and places and in such manner as he may
deem proper.
§616. Inspectors of carcasses, etc., meat of which
is intended for export; certificates of condition.
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.
§617. Clearance prohibited to vessel carrying meat for export
without inspector's certificate.
No clearance shall be given to any vessel having on board any fresh, salted,
canned, corned, or packed beef, mutton, pork, goat or equine meat for export
to and sale in a foreign country from any port in the United States, until
the owner or shipper thereof shall obtain from an inspector appointed under
the provisions of this chapter a certificate that the said cattle, sheep,
swine, goats, horses, mules, and other equines were sound and healthy at the
time of inspection, and that their meat is sound and wholesome, unless the
Secretary shall have waived the requirements of such certificate for the
country to which said cattle, sheep, swine, goats, horses, mules, and other
equines or meats are to be exported.
§618. Delivery of inspectors' certificates, and of copies.
The inspectors provided for under this subchapter shall be authorized to
give official certificates of the condition of the carcasses and products of
cattle, sheep, swine, goats, horses, mules, and other equines; and one copy
of every certificate granted under the provisions of this chapter shall be
filed in the Department of Agriculture, another copy shall be delivered to
the owner or shipper, and when the cattle, sheep, swine, goats, horses,
mules, and other equines, or their carcasses and products are sent abroad, a
third copy shall be delivered to the chief officer of the vessel on which
the shipment shall be made.
§619. Marking, labeling, or other identification of kinds of
animals of articles' derivation; separate establishments for preparation and
slaughtering activities.
No person, firm, or corporation shall sell, transport, offer for sale or
transportation, or receive for transportation, in commerce, any carcasses of
horses, mules, or other equines or parts of such carcasses, or the meat or
meat food products thereof, unless they are plainly and conspicuously marked
or labeled or otherwise identified as required by regulations prescribed by
the Secretary to show the kinds of animals from which they were derived.
When required by the Secretary, with respect to establishments at which
inspection is maintained under this subchapter, such animals and their
carcasses, parts thereof, meat and meat food products shall be prepared in
establishments separate from those in which cattle, sheep, swine, or goats
are slaughtered or their carcasses, parts thereof, meat or meat food
products are prepared.
§620. Imports.
(a) Adulteration or misbranding prohibition; compliance with
inspection, building construction standards, and other provisions; humane
methods of slaughter; treatment as domestic articles subject to this chapter
and food, drug, and cosmetic provisions; marking and labeling; personal
consumption exemption.
No carcasses, parts of carcasses, meat or meat food products of cattle,
sheep, swine, goats, horses, mules, or other equines which are capable
of use as human food, shall be imported into the United States if such
articles are adulterated or misbranded and unless they comply with all
the inspection, building, construction standards, and all other
provisions of this chapter and regulations issued thereunder applicable
to such articles in commerce within the United States. No such
carcasses, parts of carcasses, meat or meat food products shall be
imported into the United States unless the livestock from which they
were produced was slaughtered and handled in connection with slaughter
in accordance with the Act of August 27, 1958 (72 Stat. 862; 7 U.S.C.
1901–1906). All such imported articles shall, upon entry into the United
States, be deemed and treated as domestic articles subject to the other
provisions of this chapter and the Federal Food, Drug, and Cosmetic Act
[21 U.S.C. 301 et seq.]: Provided, That they shall be marked and labeled
as required by such regulations for imported articles: Provided further,
That nothing in this section shall apply to any individual who purchases
meat or meat products outside the United States for his own consumption
except that the total amount of such meat or meat products shall not
exceed fifty pounds.
(b) Terms and conditions for destruction.on.
The Secretary may prescribe the terms and conditions for the destruction of
all such articles which are imported contrary to this section, unless
(1) they are exported by the consignee within the time fixed therefor by the
Secretary, or (2) in the case of articles which are not in compliance with the chapter solely
because of misbranding, such articles are brought into compliance with the
chapter under supervision of authorized representatives of the Secretary.
(c) Payment of storage, cartage, and labor charges by owner or consignee;
liens.
All charges for storage, cartage, and labor with respect to any article which
is imported contrary to this section shall be paid by the owner or consignee,
and in default of such payment shall constitute a lien against such article
and any other article thereafter imported under this chapter by or for such
owner or consignee.
(d) Prohibition.
The knowing importation of any article contrary to this section is prohibited.
(e) Omitted. (f) Inspection and other standards; applicability, enforcement, etc.;
certifications.
Notwithstanding any other provision of law, all carcasses, parts of carcasses,
meat, and meat food products of cattle, sheep, swine, goats, horses, mules,
or other equines, capable of use as human food, offered for importation into
the United States shall be subject to the inspection, sanitary, quality, species
verification, and residue standards applied to products produced in the United
States. Any such imported meat articles that do not meet such standards shall
not be permitted entry in to the United States. The Secretary shall enforce
this provision through.
(1) the imposition of random inspections for such species verification and
for residues, and (2) random sampling and testing of internal organs and fat of the carcasses
for residues at the point of slaughter by the exporting country in accordance
with methods approved by the Secretary. Each foreign country from which such
meat articles are offered for importation into the United States shall obtain
a certification issued by the Secretary stating that the country maintains
a program using reliable analytical methods to ensure compliance with the
United States standards for residues in such meat articles. No such meat article
shall be permitted entry into the United States from a country for which the
Secretary has not issued such certification. The Secretary shall periodically
review such certifications and shall revoke any certification if the Secretary
determines that the country involved is not maintaining a program that uses
reliable analytical methods to ensure compliance with United States standards
for residues in such meat articles. The consideration of any application for
a certification under this subsection and the review of any such certification,
by the Secretary, shall include the inspection of individual establishments
to ensure that the inspection program of the foreign country involved is meeting
such United States standards. s.
(g) Administration of animal drugs or antibiotics; terms and conditions;
entry order violations.
The Secretary may prescribe terms and conditions under which cattle, sheep,
swine, goats, horses, mules, and other equines that have been administered
an animal drug or antibiotic banned for use in the United States may be imported
for slaughter and human consumption. No person shall enter cattle, sheep,
swine, goats, horses, mules, and other equines into the United States in violation
of any order issued under this subsection by the Secretary.
(h) Reciprocal meat inspection requirement.
(1) As used in this subsection:
(A) The term ''meat articles'' means carcasses, meat and meat food products
of cattle, sheep, swine, goats, horses, mules, or other equines, that are
capable of use as human food.
(B) The term ''standards'' means inspection, building construction, sanitary,
quality, species verification, residue, and other standards that are applicable
to meat articles. s.
(2) On request of the Committee on Agriculture or the Committee on Ways and
Means of the House of Representatives or the Committee on Agriculture, Nutrition,
and Forestry or the Committee on Finance of the Senate, or at the initiative
of the Secretary, the Secretary shall, as soon as practicable, determine whether
a particular foreign country applies standards for the importation of meat
articles from the United States that are not related to public health concerns
about end-product quality that can be substantiated by reliable analytical
methods. (3) If the Secretary determines that a foreign country applies standards described
in paragraph (2) -
(A) the Secretary shall consult with the United States Trade Representative;
and
(B) within 30 days after the determination of the Secretary under paragraph
(2), the Secretary and the United States Trade Representative shall recommend
to the President whether action should be taken under paragraph (4). ).
(4) Within 30 days after receiving a recommendation for action under paragraph
(3), the President shall, if and for such time as the President considers
appropriate, prohibit imports into the United States of any meat articles
produced in such foreign country unless it is determined that the meat articles
produced in that country meet the standards applicable to meat articles in
commerce within the United States. (5) The action authorized under paragraph (4) may be used instead of, or in
addition to, any other action taken under any other law.
§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 cattle, sheep, swine, goats, horses, mules, and other
equines, inspection of which is hereby provided for and of all carcasses and
parts thereof, and of all meats and meat food products thereof, and of the
sanitary conditions of all establishments in which such meat and meat food
products hereinbefore described are prepared; and said inspectors shall
refuse to stamp, mark, tag, or label any carcass or any part thereof, or
meat food product therefrom, prepared in any establishment hereinbefore
mentioned, until the same shall have actually been inspected and found to be
not adulterated; and shall perform such other duties as are provided by this
chapter and by the rules and regulations to be prescribed by said Secretary;
and said Secretary shall, from time to time, make such rules and regulations
as are necessary for the efficient execution of the provisions of this
chapter, and all inspections and examinations made under this chapter, shall
be such and made in such manner as described in the rules and regulations
prescribed by said Secretary not inconsistent with provisions of this
chapter.
§622. Bribery of or gifts to inspectors or other officers
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 indirectly,
to any inspector, deputy inspector, chief inspector, or any other officer or
employee of the United States authorized to perform any of the duties
prescribed by this chapter or by the rules and regulations of the Secretary
any money or other thing of value, with intent to influence said inspector,
deputy inspector, chief inspector, or other officer or employee of the
United States in the discharge of any duty provided for in this chapter,
shall be deemed guilty of a felony, and, upon conviction thereof, shall be
punished by a fine not less than $5,000 nor more than $10,000 and by
imprisonment not less than one year nor more than three years; and any
inspector, deputy inspector, chief inspector, or other officer or employee
of the United States authorized to perform any of the duties prescribed by
this chapter who shall accept any money, gift, or other thing of value from
any person, firm, or corporation, or officers, agents, or employees thereof,
given with intent to influence his official action, or who shall receive or
accept from any person, firm, or corporation engaged in commerce any gift,
money, or other thing of value, given with any purpose or intent whatsoever,
shall be deemed guilty of a felony and shall, upon conviction thereof, be
summarily discharged from office and shall be punished by a fine not less
than $1,000 nor more than $10,000 and by imprisonment not less than one year
nor more than three years.
§623. Exemptions from inspection requirements.
(a) Personal slaughtering and custom slaughtering for personal, household,
guest, and employee uses.
The provisions of this subchapter requiring inspection of the slaughter of
animals and the preparation of the carcasses, parts thereof, meat and meat
food products at establishments conducting such operations for commerce shall
not apply to the slaughtering by any person of animals of his own raising,
and the preparation by him and transportation in commerce of the carcasses,
parts thereof, meat and meat food products of such animals exclusively for
use by him and members of his household and his nonpaying guests and employees;
nor to the custom slaughter by any person, firm, or corporation of cattle,
sheep, swine or goats delivered by the owner thereof for such slaughter, and
the preparation by such slaughterer and transportation in commerce of the carcasses,
parts thereof, meat and meat food products of such animals, exclusively for
use, in the household of such owner, by him and members of his household and
his nonpaying guests and employees; nor to the custom preparation by any person,
firm, or corporation of carcasses, parts thereof, meat or meat food products,
derived from the slaughter by any person of cattle, sheep, swine, or goats
of his own raising, or from game animals, delivered by the owner thereof for
such custom preparation, and transportation in commerce of such custom prepared
articles, exclusively for use in the household of such owner, by him and members
of his household and his nonpaying guests and employees: Provided, That in
cases where such person, firm, or corporation engages in such custom operations
at an establishment at which inspection under this subchapter is maintained,
the Secretary may exempt from such inspection at such establishment any animals
slaughtered or any meat or meat food products otherwise prepared on such custom
basis: Provided further, That custom operations at any establishment shall
be exempt from inspection requirements as provided by this section only if
the establishment complies with regulations which the Secretary is hereby authorized
to promulgate to assure that any carcasses, parts thereof, meat or meat food
products wherever handled on a custom basis, or any containers or packages
containing such articles, are separated at all times from carcasses, parts
thereof, meat or meat food products prepared for sale, and that all such articles
prepared on a custom basis, or any containers or packages containing such articles,
are plainly marked ''Not for Sale'' immediately after being prepared and kept
so identified until delivered to the owner and that the establishment conducting
the custom operation is maintained and operated in a sanitary manner.
(b) Territorial exemption; refusal, withdrawal, or modification.
The Secretary may, under such sanitary conditions as he may by regulations
prescribe, exempt from the inspection requirements of this subchapter the slaughter
of animals, and the preparation of carcasses, parts thereof, meat and meat
food products, by any person, firm, or corporation in any Territory not organized
with a legislative body solely for distribution within such Territory when
the Secretary determines that it is impracticable to provide such inspection
within the limits of funds appropriated for administration of this chapter
and that such exemption will otherwise facilitate enforcement of this chapter.
The Secretary may refuse, withdraw, or modify any exemption under this subsection
in his discretion whenever he determines such action is necessary to effectuate
the purposes of this chapter.
(c) Pizzas containing meat food products.
(1) Under such terms and conditions as the Secretary shall prescribe through
rules and regulations issued under section 624 of this title that may be necessary
to ensure food safety and protect public health such as special handling procedures,
the Secretary shall exempt pizzas containing a meat food product from the inspection
requirements of this chapter if -
(A) the meat food product components of the pizzas have been prepared, inspected,
and passed in a cured or cooked form as ready-to-eat in compliance with the
requirements of this chapter; and
(B) the pizzas are to be served in public or private nonprofit institutions.
(2) The Secretary may withdraw or modify any exemption under this subsection
whenever the Secretary determines such action is necessary to ensure food safety
and to protect public health. The Secretary may reinstate or further modify
any exemption withdrawn or modified under this subsection.
(d) Adulteration and misbranding provisions applicable to inspection-free
articles.
The adulteration and misbranding provisions of this subchapter, other than
the requirement of the inspection legend, shall apply to articles which are
exempted from inspection or not required to be inspected under this section.
§624. Storage and handling regulations; violations; exemption
of establishments subject to non-Federal jurisdiction.
The Secretary may by regulations prescribe conditions under which carcasses,
parts of carcasses, meat, and meat food products of cattle, sheep, swine,
goats, horses, mules, or other equines, capable of use as human food, shall
be stored or otherwise handled by any person, firm, or corporation engaged
in the business of buying, selling, freezing, storing, or transporting, in
or for commerce, or importing, such articles, whenever the Secretary deems
such action necessary to assure that such articles will not be adulterated
or misbranded when delivered to the consumer. Violation of any such
regulation is prohibited. However, such regulations shall not apply to the
storage or handling of such articles at any retail store or other
establishment in any State or organized Territory that would be subject to
this section only because of purchases in commerce, if the storage and
handling of such articles at such establishment is regulated under the laws
of the State or Territory in which such establishment is located, in a
manner which the Secretary, after consultation with the appropriate advisory
committee provided for in section 661 of this title,
determines is adequate to effectuate the purposes of this section.
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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 subchapter I of this chapter at any
establishment for the slaughter of cattle, sheep, swine, goats, horses,
mules, or other equines, or the preparation of any carcasses or parts or
products of such animals, which are not intended for use as human food, but
such articles shall, prior to their offer for sale or transportation in
commerce, unless naturally inedible by humans, be denatured or otherwise
identified as prescribed by regulations of the Secretary to deter their use
for human food. No person, firm, or corporation shall buy, sell, transport,
or offer for sale or transportation, or receive for transportation, in
commerce, or import, any carcasses, parts thereof, meat or meat food
products of any such animals, which are not intended for use as human food
unless they are denatured or otherwise identified as required by the
regulations of the Secretary or are naturally inedible by humans.
§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 involved in their businesses;
and all persons, firms, and corporations subject to such requirements shall,
at all reasonable times upon notice by a duly authorized representative of
the Secretary, afford such representative access to their places of business
and opportunity to examine the facilities, inventory, and records thereof,
to copy all such records, and to take reasonable samples of their inventory
upon payment of the fair market value therefor -
(1) Any persons, firms, or corporations that engage, for commerce, in the
business of slaughtering any cattle, sheep, swine, goats, horses, mules, or
other equines, or preparing, freezing, packaging, or labeling any carcasses,
or parts or products of carcasses, of any such animals, for use as human food
or animal food;
(2) Any persons, firms, or corporations that engage in the business of buying
or selling (as meat brokers, wholesalers or otherwise), or transporting in
commerce, or storing in or for commerce, or importing, any carcasses, or parts
or products of carcasses, of any such animals;
(3) Any persons, firms, or corporations that engage in business, in or for
commerce, as renderers, or engage in the business of buying, selling, or transporting,
in commerce, or importing, any dead, dying, disabled, or diseased cattle,
sheep, swine, goats, horses, mules, or other equines, or parts of the carcasses
of any such animals that died otherwise than by slaughter.
(b) Period of maintenance.
Any record required to be maintained by this section shall be maintained for
such period of time as the Secretary may by regulations prescribe.
§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 engage
in business in commerce as a wholesaler of any carcasses, or parts or
products of the carcasses, of any cattle, sheep, swine, goats, horses,
mules, or other equines, whether intended for human food or other purposes,
or engage in business as a public warehouseman storing any such articles in
or for commerce, or engage in the business of buying, selling, or
transporting in commerce, or importing, any dead, dying, disabled, or
diseased animals of the specified kinds, or parts of the carcasses of any
such animals that died otherwise than by slaughter, unless, when required by
regulations of the Secretary, he has registered with the Secretary his name,
and the address of each place of business at which, and all trade names
under which, he conducts such business.
§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 carcasses of any animals that died
otherwise than by slaughter, shall buy, sell, transport, offer for sale or
transportation, or receive for transportation, in commerce, or import, any
dead, dying, disabled, or diseased cattle, sheep, swine, goats, horses,
mules or other equines, or parts of the carcasses of any such animals that
died otherwise than by slaughter, unless such transaction, transportation or
importation is made in accordance with such regulations as the Secretary may
prescribe to assure that such animals, or the unwholesome parts or products
thereof, will be prevented from being used for human food purposes.
§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 commerce may be exercised with respect to persons, firms, or corporations
engaged, in any State or organized Territory, in such kinds of business but
not in or for commerce, whenever the Secretary determines, after consultation
with an appropriate advisory committee provided for in section
661 of this title, that the State or territory does not have at least equal
authority under its laws or such authority is not exercised in a manner to effectuate
the purposes of this chapter including the State providing for the Secretary
or his representative being afforded access to such places of business and the
facilities, inventories, and records thereof, and the taking of reasonable samples,
where he determines necessary in carrying out his responsibilities under this
chapter; and in such case the provisions of section 642,
643, or 644 of this title, respectively,
shall apply to such persons, firms, and corporations to the same extent and
in the same manner as if they were engaged in such business in or for commerce
and the transactions involved were in commerce.
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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 products that are adulterated or misbranded and to assist in
efforts by State and other Government agencies to accomplish this objective.
In furtherance of this policy-
(1) Development and administration of State meat inspection program equal to
subchapter I ante and post mortem inspection, reinspection, and sanitation
requirements. The Secretary is authorized, whenever he determines that it would effectuate
the purposes of this chapter, to cooperate with the appropriate State agency
in developing and administering a State meat inspection program in any State
which has enacted a State meat inspection law that imposes mandatory ante
mortem and post mortem inspection, reinspection and sanitation requirements
that are at least equal to those under subchapter I of this chapter, with
respect to all or certain classes of persons engaged in the State in slaughtering
cattle, sheep, swine, goats, or equines, or preparing the carcasses, parts
thereof, meat or meat food products, of any such animals for use as human
food solely for distribution within such State.
(2) Development and administration of State program with authorities equal
to subchapter II authorities; cooperation with Federal agencies. The Secretary is further authorized, whenever he determines that it would
effectuate the purposes of this chapter, to cooperate with appropriate State
agencies in developing and administering State programs under State laws containing
authorities at least equal to those provided in subchapter II of this chapter;
and to cooperate with other agencies of the United States in carrying out
any provisions of this chapter.
(3) Scope of cooperation: advisory assistance, technical and laboratory assistance
and training, and financial and other aid; limitation on amount; equitable
allocation of Federal funds; adequacy of State program to obtain Federal cooperation
and payments. Cooperation with State agencies under this section may include furnishing to
the appropriate State agency.
(i) advisory assistance in planning and otherwise developing an adequate State
program under the State law; and (ii) technical and laboratory assistance and training (including necessary
curricular and instructional materials and equipment), and financial and other
aid for administration of such a program. The amount to be contributed to
any State by the Secretary under this section from Federal funds for any year
shall not exceed 50 per centum of the estimated total cost of the cooperative
program; and the Federal funds shall be allocated among the States desiring
to cooperate on an equitable basis. Such cooperation and payment shall be
contingent at all times upon the administration of the State program in a
manner which the Secretary, in consultation with the appropriate advisory
committee appointed under paragraph (4), deems adequate to effectuate the
purposes of this section.
(4) Advisory committees.
The Secretary may appoint advisory committees consisting of such representatives
of appropriate State agencies as the Secretary and the State agencies may
designate to consult with him concerning State and Federal programs with respect
to meat inspection and other matters within the scope of this chapter, including
evaluating State programs for purposes of this chapter and obtaining better
coordination and more uniformity among the State programs and between the
Federal and State programs and adequate protection of consumers.
(b) Single State agency; subordinate governmental unit as part of State
agency. y.
State agency. The appropriate State agency with which the Secretary may cooperate under
this chapter shall be a single agency in the State which is primarily responsible
for the coordination of the State programs having objectives similar to those
under this chapter. When the State program includes performance of certain
functions by a municipality or other subordinate governmental unit, such unit
shall be deemed to be a part of the State agency for purposes of this section.
(c) State meat inspection requirements.
(1) Notice to Governor of nondevelopment or nonenforcement; designation of
State as subject to subchapters I and IV; delay and revocation of designation;
publication in Federal Register; notice of production of adulterated meat
or meat food products; designation of State.
If the Secretary has reason to believe, by thirty days prior to the expiration
of two years after December 15, 1967, that a State has failed to develop
or is not enforcing, with respect to all establishments within its jurisdiction
(except those that would be exempted from Federal inspection under subparagraph
(2)) at which cattle, sheep, swine, goats, or equines are slaughtered, or
their carcasses, or parts or products thereof, are prepared for use as human
food, solely for distribution within such State, and the products of such
establishments, requirements at least equal to those imposed under subchapter
I and IV of this chapter, he shall promptly notify the Governor of the State
of this fact. If the Secretary determines, after consultation with the Governor
of the State, or representative selected by him, that such requirements have
not been developed and activated, he shall promptly after the expiration
of such two-year period designate such State as one in which the provisions
of subchapters I and IV of this chapter shall apply to operations and transactions
wholly within such State: Provided, That if the Secretary has reason to believe
that the State will activate such requirements within one additional year,
he may delay such designation for said period, and not designate the State,
if he determines at the end of the year that the State then has such requirements
in effective operation. The Secretary shall publish any such designation
in the Federal Register and, upon the expiration of thirty days after such
publication, the provisions of of subchapters I and
IV shall apply to operations and transactions
and to persons, firms, and corporations engaged therein in the State to the
same extent and in the same manner as if such operations and transactions
were conducted in or for commerce. Thereafter, upon request of the Governor,
the Secretary shall revoke such designation if the Secretary determines that
such State has developed and will enforce requirements at least equal to
those imposed under subchapter I and
subchapter IV of this chapter: And provided further,
That, notwithstanding any other provision of this section, if the Secretary
determines that any establishment within a State is producing adulterated
meat or meat food products for distribution within such State which would
clearly endanger the public health he shall notify the Governor of the State
and the appropriate Advisory Committee provided by section
661 of this title of such fact for effective action under State or local
law. If the State does not take action to prevent such endangering of the
public health within a reasonable time after such notice, as determined by
the Secretary, in light of the risk to public health, the Secretary may forthwith
designate any such establishment as subject to the provisions of
subchapters I and
IV
of this chapter, and thereupon the establishment and operator thereof shall
be subject to such provisions as though engaged in commerce until such time
as the Secretary determines that such State has developed and will enforce
requirements at least equal to those imposed under subchapter I and
subchapter IV of this chapter.
(2) Exemptions of retail stores, restaurants, and similar retail-type establishments;
operations conducted at a restaurant central kitchen facility.
The provisions of this chapter requiring inspection of the slaughter of animals
and the preparation of carcasses, parts thereof, meat and meat food products
shall not apply to operations of types traditionally and usually conducted
at retail stores and restaurants, when conducted at any retail store or restaurant
or similar retail-type establishment for sale in normal retail quantities
or service of such articles to consumers at such establishments if such establishments
are subject to such inspection provisions only under this paragraph (c).
For the purposes of this subparagraph, operations conducted at a restaurant
central kitchen facility shall be considered as being conducted at a restaurant
if the restaurant central kitchen prepares meat or meat food products that
are ready to eat when they leave such facility and are served in meals or
as entrees only to customers at restaurants owned or operated by the same
person, firm, or corporation owning or operating such facility: Provided,
That such facility shall be subject to the provisions of section
642 of this title: Provided further, That the facility may be subject
to the inspection requirements under subchapter I
of this chapter for as long as the Secretary deems necessary, if the Secretary
determines that the sanitary conditions or practices of the facility or the
processing procedures or methods at the facility are such that any of its
meat or meat food products are rendered adulterated.
(3) Termination of designation of State upon development and enforcement of
minimum requirements; redesignation; designation for nonenforcement of minimum
requirements: notice and publication in Federal Register.
Whenever the Secretary determines that any State designated under this paragraph
(c) has developed and will enforce State meat inspection requirements at
least equal to those imposed under subchapters I
and IV of this chapter with respect to the operations
and transactions within such State which are regulated under paragraph (1),
he shall terminate the designation of such State under this paragraph (c),
but this shall not preclude the subsequent redesignation of the State at
any time upon thirty days notice to the Governor and publication in the Federal
Register in accordance with this paragraph, and any State may be designated
upon such notice and publication at any time after the period specified in
this paragraph whether or not the State has theretofore been designated upon
the Secretary determining that it is not effectively enforcing requirements
at least equal to those imposed under subchapters
I I and IV of this chapter.
(4) Periodic review; report to Congressional committees.
The Secretary shall promptly upon December 15, 1967, and periodically thereafter,
but at least annually, review the requirements, including the enforcement
thereof, of the several States not designated under this paragraph (c), with
respect to the slaughter, and the preparation, storage, handling and distribution
of carcasses, parts thereof, meat and meat food products, of such animals,
and inspection of such operations and annually report thereon to the Committee
on Agriculture of the House of Representatives and the Committee on Agriculture,
Nutrition, and Forestry of the Senate in the report required under section
691 [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.
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SUBCHAPTER IV - AUXILIARY
PROVISIONS
§671. Inspection services; refusal or withdrawal; hearing;
business unfitness based upon certain convictions; other provisions for withdrawal
of services unaffected; responsible connection with business; finality of Secretary's
actions; judicial review; record
The Secretary may (for such period, or indefinitely, as he deems necessary to
effectuate the purposes of this chapter) refuse to provide, or withdraw, inspection
service under subchapter I of this chapter with respect to any establishment
if he determines, after opportunity for a hearing is accorded to the applicant
for, or recipient of, such service, that such applicant or recipient is unfit
to engage in any business requiring inspection under subchapter I because the
applicant or recipient, or anyone responsibly connected with the applicant or
recipient, has been convicted, in any Federal or State court, of
(1) any felony, or
(2) more than one violation of any law, other than a felony, based upon the
acquiring, handling, or distributing of unwholesome, mislabeled, or deceptively
packaged food or upon fraud in connection with transactions in food. This section
shall not affect in any way other provisions of this chapter for withdrawal
of inspection services under subchapter I from establishments failing to maintain
sanitary conditions or to destroy condemned carcasses, parts, meat or meat
food products. s.
For the purpose of this section a person shall be deemed to be responsibly connected
with the business if he was a partner, officer, director, holder, or owner of
10 per centum or more of its voting stock or employee in a managerial or executive
capacity.
The determination and order of the Secretary with respect thereto under this
section shall be final and conclusive unless the affected applicant for, or
recipient of, inspection service files application for judicial review within
thirty days after the effective date of such order in the appropriate court
as provided in section 674 of this title. Judicial review
of any such order shall be upon the record upon which the determination and
order are based.
§672. Administrative detention; duration; pending judicial
proceedings; notification of governmental 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 believe that any such article is adulterated
or misbranded and is capable of use as human food, or that it has not been inspected,
in violation of the provisions of subchapter I of this chapter or of any other
Federal law or the laws of any State or Territory, or the District of Columbia,
or that such article or animal has been or is intended to be, distributed in
violation of any such provisions, it may be detained by such representative
for a period not to exceed twenty days, pending action under
section 673 of this title or notification of any Federal, State, or other
governmental authorities having jurisdiction over such article or animal, and
shall not be moved by any person, firm, or corporation from the place at which
it is located when so detained, until released by such representative. All official
marks may be required by such representative to be removed from such article
or animal before it is released unless it appears to the satisfaction of the
Secretary that the article or animal is eligible to retain such marks.
§673. Seizure and condemnation
(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 to subchapter I
or II of this chapter, or is held for sale in the
United States after such transportation, and that
(A) is or has been prepared, sold, transported, or otherwise distributed or
offered or received for distribution in violation of this chapter, or
(B) is capable of use as human food and is adulterated or misbranded, or
(C) in any other way is in violation of this chapter, shall be liable to be
proceeded against and seized and condemned, at any time, on a libel of information
in any United States district court or other proper court as provided in
section 674 of this title within the jurisdiction of which
the article or animal is found.
(2) If the article or animal is condemned it shall, after entry of the decree,
(A) be distributed in accordance with paragraph (5), or
(B) be disposed of by destruction or sale as the court may direct and the
proceeds, if sold, less the court costs and fees, and storage and other proper
expenses, shall be paid into the Treasury of the United States, but the article
or animal shall not be sold contrary to the provisions of this chapter, or
the laws of the jurisdiction in which it is sold: Provided, That upon the
execution and delivery of a good and sufficient bond conditioned that the
article or animal shall not be sold or otherwise disposed of contrary to the
provisions of this chapter, or the laws of the jurisdiction in which disposal
is made, the court may direct that such article or animal be delivered to
the owner thereof subject to such supervision by authorized representatives
of the Secretary as is necessary to insure compliance with the applicable
laws.
(3) When a decree of condemnation is entered against the article or animal
and it is released under bond, or destroyed, court costs and fees, and storage
and other proper expenses shall be awarded against the person, if any, intervening
as claimant of the article or animal.
(4) The proceedings in such libel cases shall conform, as nearly as may be,
to the proceedings in admiralty, except that either party may demand trial
by jury of any issue of fact joined in any case, and all such proceedings shall
be at the suit of and in the name of the United States.
(5)
(A) An article that is condemned under paragraph (1) may as the court may
direct, after entry of the decree, be distributed without charge to nonprofit,
private entities or to Federal, State, or local government entities engaged
in the distribution of food without charge to individuals, if such article
-
(i) has been inspected under this chapter and found to be wholesome and not
to be adulterated within the meaning of paragraphs (1) through (7) and (9)
of section 601(m) of this title and a determination
is made at the time of the entry of the decree that such article is wholesome
and not so adulterated; and
(ii) is plainly marked ''Not for Sale'' on such article or its container.
(B) The United States may not be held legally responsible for any article
that is distributed under subparagraph (A) to a nonprofit, private entity
or to a Federal, State, or local government entity, if such article -
(i) was found after inspection under this chapter to be wholesome and not
adulterated within the meaning of paragraphs (1) through (7) and (9) of
section 601(m) of this title and a determination was
made at the time of the entry of the decree that such article was wholesome
and not so adulterated; and
(ii) was plainly marked ''Not for Sale'' on such article or its container.
(C) The person from whom such article was seized and condemned may not be
held legally responsible for such article, if such article -
(i) was found after inspection under this chapter to be wholesome and not
adulterated within the meaning of paragraphs (1) through (7) and (9) of
section 601(m) of this title and a determination was
made at the time of the entry of the decree that such article was wholesome
and not so adulterated; and
(ii) was plainly marked ''Not for Sale'' on such article or its container.
(b) Condemnation or seizure under other provisions unaffected.ed.
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
§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 Territories, are vested with jurisdiction specifically
to enforce, and to prevent and restrain violations of, this chapter, and shall
have jurisdiction in all other kinds of cases arising under this chapter, except
as provided in section 607(e) of this title.
§675. Assaulting, resisting, or impeding certain persons; murder;
protection of such persons
Any person who forcibly assaults, resists, opposes, impedes, intimidates, or
interferes with any person while engaged in or on account of the performance
of his official duties under this chapter shall be fined not more than $5,000
or imprisoned not more than three years, or both. Whoever, in the commission
of any such acts, uses a deadly or dangerous weapon, shall be fined not more
than $10,000 or imprisoned not more than ten years, or both. Whoever kills any
person while engaged in or on account of the performance of his official duties
under this chapter shall be punished as provided under sections 1111 and 1114
of title 18.
§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 imprisonment for not more than one year, or a fine
of not more than $1,000, or both such imprisonment and fine; but if such violation
involves intent to defraud, or any distribution or attempted distribution of
an article that is adulterated (except as defined in section 601(m)(8) of this
title), such person, firm, or corporation shall be subject to imprisonment
for not more than three years or a fine of not more than $10,000, or both:
Provided, That no person, firm, or corporation, shall be subject to penalties
under this section for receiving for transportation any article or animal in
violation of this chapter if such receipt was made in good faith, unless such
person, firm, or corporation refuses to furnish on request of a representative
of the Secretary the name and address of the person from whom he received such
article or animal, and copies of all documents, if any there be, pertaining
to the delivery of the article or animal to him.
(b) Minor violations; written notice of warning of criminal and civil
proceedings.
Nothing in this chapter shall be construed as requiring the Secretary to report
for prosecution or for the institution of libel or injunction proceedings,
minor violations of this chapter whenever he believes that the public interest
will be adequately served by a suitable written notice of warning
§677. Other Federal laws applicable for administration and
enforcement of chapter; location of inquiries; jurisdiction of Federal courts
For the efficient administration and enforcement of this chapter, the provisions
(including penalties) of sections 46, 48, 49 and 50 of title 15 (except paragraphs
(c) through (h) of section 46 and the last paragraph of section 49 [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 Secretary, in person or
by such agents as he may designate, may prosecute any inquiry necessary to his
duties under this chapter in any part of the United States, and the powers conferred
by said sections 49 and 50 of title 15 on the district courts of the United
States may be exercised for the purposes of this chapter by any court designated
in in section 674 of this title.
§678. Non-Federal jurisdiction of federally regulated matters;
prohibition of additional or different requirements for establishments with inspection
services and as to marking, labeling, packaging, and ingredients; recordkeeping
and related requirements; concurrent jurisdiction over distribution for human
food purposes of adulterated or misbranded and imported articles; other matters
Requirements within the scope of this chapter with respect to premises,
facilities and operations of any establishment at which inspection is
provided under subchapter I of this chapter, which are in addition to, or
different than those made under this chapter may not be imposed by any State
or Territory or the District of Columbia, except that any such jurisdiction
may impose recordkeeping and other requirements within the scope of section
642 of this title, if consistent therewith, with respect to any such
establishment. Marking, labeling, packaging, or ingredient requirements in
addition to, or different than, those made under this chapter may not be
imposed by any State or Territory or the District of Columbia with respect
to articles prepared at any establishment under inspection in accordance
with the requirements under subchapter I of this chapter, but any State or
Territory or the District of Columbia may, consistent with the requirements
under this chapter, exercise concurrent jurisdiction with the Secretary over
articles required to be inspected under said subchapter I, for the purpose
of preventing the distribution for human food purposes of any such articles
which are adulterated or misbranded and are outside of such an
establishment, or, in the case of imported articles which are not at such an
establishment, after their entry into the United States. This chapter shall
not preclude any State or Territory or the District of Columbia from making
requirement [1] or taking other action, consistent with this chapter, with
respect to any other matters regulated under this chapter.
§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 902(b) of the
Federal Food, Drug, and Cosmetic Act (21 U.S.C. 392(a)), the provisions of
this chapter shall not derogate from any authority conferred by the Federal
Food, Drug, and Cosmetic Act (21 U.S.C. 301 et seq.) prior to December 15,
1967.
(b) Enforcement proceedings; detainer authority of representatives of Secretary
of Health and Human Services.
The detainer authority conferred by section 672 of this
title shall apply to any authorized representative of the Secretary of Health
and Human Services for purposes of the enforcement of the Federal Food, Drug,
and Cosmetic Act (21 U.S.C. 301 et seq.) with respect to any carcass, part
thereof, meat, or meat food product of cattle, sheep, swine, goats, or equines
that is outside any premises at which inspection is being maintained under
this chapter, and for such purposes the first reference to the Secretary in
section 672 of this title shall be deemed to refer to the
Secretary of Health and Human Services.
§679a. Safe Meat and Poultry Inspection Panel
(a) Establishment.
There is established in the Department of Agriculture a permanent advisory
panel to be known as the ''Safe Meat and Poultry Inspection Panel'' (referred
to in this section as the ''panel'').
(b) Duties.
(1) Review and evaluation
The panel shall review and evaluate, as the panel considers necessary, the
adequacy, necessity, safety, cost-effectiveness, and scientific merit of -
(A) inspection procedures of, and work rules and worker relations involving
Federal employees employed in, plants inspected under this chapter;
(B) informal petitions or proposals for changes in inspection procedures,
processes, and techniques of plants inspected under this chapter;
(C) formal changes in meat inspection regulations promulgated under this
chapter, whether in notice, proposed, or final form; and
(D) such other matters as may be referred to the panel by the Secretary regarding
the quality or effectiveness of a safe and cost-effective meat inspection
system under this chapter.
(2) Reports
(A) In general
The panel shall submit to the Secretary a report on the results of each review
and evaluation carried out under paragraph (1), including such recommendations
as the panel considers appropriate.
(B) Reports on formal changes
In the case of a report concerning a formal change in meat inspection regulations,
the report shall be made within the time limits prescribed for formal comments
on such changes.
(C) Publication in Federal Register
Each report of the panel to the Secretary shall be published in the Federal
Register.
(c) Secretarial response.
Not later than 90 days after the publication of a panel report under subsection
(b)(2)(C) of this section, the Secretary shall publish in the Federal Register
any response required of the Secretary to the report.
(d) Composition of panel.
The panel shall be composed of 7 members, not fewer than 5 of whom shall be
from the food science, meat science, or poultry science profession, appointed
to staggered terms not to exceed 3 years by the Secretary from nominations
received from the National Institutes of Health and the Federation of American
Societies of Food Animal Science and based on the professional qualifications
of the nominees.
(e) Nominations.
(1) Initial panel
In constituting the initial panel, the Secretary shall solicit 6 nominees
from the National Institutes of Health and 6 nominees from the Federation
of American Societies of Food Animal Science for membership on the panel.
(2) Vacancies
Any subsequent vacancy on the panel shall be filled by the Secretary after
soliciting 2 nominees from the National Institutes of Health and 2 nominees
from the Federation of American Societies of Food Animal Science.
(3) Requirements for nominees
(A) In general
Each nominee provided under paragraph (1) or (2) shall have a background
in public health issues and a scientific expertise in food, meat, or poultry
science or in veterinary science.
(B) Submission of information
The Secretary may require nominees to submit such information as the Secretary
considers necessary prior to completing the selection process.
(4) Additional nominees
If any list of nominees provided under paragraph (1) or (2) is unsatisfactory
to the Secretary, the Secretary may request the nominating entities to submit
an additional list of nominees.
(f) Travel expenses.
While away from the home or regular place of business of a member of the panel
in the performance of services for the panel, the member shall be allowed travel
expenses, including per diem in lieu of subsistence, at the same rate as a
person employed intermittently in the Government service would be allowed under
section 5703 of title 5.
(g) Conflicts of interest.
The Secretary shall promulgate regulations regarding conflicts of interest
with respect to the members of the panel.
(h) Exemption.
The Federal Advisory Committee Act (5 U.S.C. App.) and title XVIII of the Food
and Agriculture Act of 1977 (7 U.S.C. 2281 et seq.) shall not apply to the
panel.
(i) Funding
From funds available to the Secretary to carry out this chapter and the Poultry
Products Inspection Act (21 U.S.C. 451 et seq.), the Secretary shall allocate
such sums as may be necessary to carry out this section.
§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
reduce the level of pathogens on meat, meat food products, poultry, and
poultry products.
(2) Authorization of appropriations
There is authorized to be appropriated such sums as are necessary to carry
out this section.
§679c. Expansion of Food Safety Inspection Service activities
(a) In general
The Secretary of Agriculture may utilize existing authorities to give
high priority to enhancing and expanding the capacity of the Food Safety
Inspection Service to conduct activities to—
(1) enhance the ability of the Service to inspect and ensure the
safety and wholesomeness of meat and poultry products;
(2) improve the capacity of the Service to inspect international
meat and meat products, poultry and poultry products, and egg
products at points of origin and at ports of entry;
(3) strengthen the ability of the Service to collaborate with
relevant agencies within the Department of Agriculture and with
other entities in the Federal Government, the States, and Indian
tribes (as defined in section 450b (e) of title 25) through the
sharing of information and technology; and
(4) otherwise expand the capacity of the Service to protect against
the threat of bioterrorism.
(b) Authorization of appropriations
There is authorized to be appropriated to carry out this section,
$15,000,000 for fiscal year 2002, and such sums as may be necessary for
each subsequent fiscal year.
§680. Authorization of appropriations
There are hereby authorized to be appropriated such sums as may be necessary
to carry out the provisions of this chapter.
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SUBCHAPTER V - MISCELLANEOUS
PROVISIONS
§691. Omitted.
§692. Inspection extended to reindeer
The provisions of the meat inspection law may be extended to the inspection
of reindeer.
§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 intended for exportation
to any foreign country, and the Secretary of Agriculture may apply, under rules
and regulations to be prescribed by him, the provisions of said act for inspection
and certification appropriate for ascertaining the purity and quality of such
products, and may cause the same to be so marked, stamped, or labeled as to
secure their identity and make known in the markets of foreign countries to
which they may be sent from the United States their purity, quality, and grade;
and all the provisions of said act relating to live cattle and products thereof
for export shall apply to dairy products so inspected and certified.
§694. Authorization of
appropriations
Annual appropriations of the sum of $3,000,000 from the general fund of the
Treasury are authorized for the expenses of the inspection of cattle, sheep,
swine, and goats and the meat and meat food products thereof which enter into
interstate or foreign commerce and for all expenses necessary to carry into
effect the provisions of this Act relating to meat inspection, including rent
and the employment of labor in Washington and elsewhere, for each year, and
in addition there is authorized to be appropriated such other sums as may be
necessary in the enforcement of the meat inspection laws.
§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 relating to Federal inspection of meat and meat food products shall
be borne by the United States except the cost of overtime pursuant to section
394 of title 7.
As of: Aug 6, 2004
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