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.
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
(Mar. 4, 1907, ch. 2907, title IV, §401, as added
Editorial Notes
Amendments
1986—Subsec. (a).
Subsecs. (b) to (e).
Subsec. (f).
Subsec. (g).
Subsec. (h).
Statutory Notes and Related Subsidiaries
Effective and Termination Dates of 1986 Amendment
Effective Date
Subchapter effective Dec. 15, 1967, see section 20 of
Construction and Effect of Amendments by Pub. L. 99–641
For provisions relating to construction and effect of temporary amendments by section 403 of
§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
(Mar. 4, 1907, ch. 2907, title IV, §402, as added
§673. Seizure and condemnation
(a) Proceedings in rem; libel of information; jurisdiction; disposal by destruction or sale; proceeds into the Treasury; sales restrictions; bond; court costs and fees, storage, and other expenses against claimants; proceedings in admiralty; jury trial; United States as plaintiff
(1) Any carcass, part of a carcass, meat or meat food product of cattle, sheep, swine, goats, horses, mules or other equines, or any dead, dying, disabled, or diseased cattle, sheep, swine, goat, or equine, that is being transported in commerce or otherwise subject to subchapter I or II of this chapter, or is held for sale in the United States after such transportation, and that (A) is or has been prepared, sold, transported, or otherwise distributed or offered or received for distribution in violation of this chapter, or (B) is capable of use as human food and is adulterated or misbranded, or (C) in any other way is in violation of this chapter, shall be liable to be proceeded against and seized and condemned, at any time, on a libel of information in any United States district court or other proper court as provided in
(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
(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
(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
(ii) was plainly marked "Not for Sale" on such article or its container.
(b) Condemnation or seizure under other provisions unaffected
The provisions of this section shall in no way derogate from authority for condemnation or seizure conferred by other provisions of this chapter, or other laws.
(Mar. 4, 1907, ch. 2907, title IV, §403, as added
Editorial Notes
Amendments
1989—Subsec. (a).
§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
(Mar. 4, 1907, ch. 2907, title IV, §404, as added
§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
(Mar. 4, 1907, ch. 2907, title IV, §405, as added
§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
(b) Minor violations; written notice of warning of criminal and civil proceedings
Nothing in this chapter shall be construed as requiring the Secretary to report for prosecution or for the institution of libel or injunction proceedings, minor violations of this chapter whenever he believes that the public interest will be adequately served by a suitable written notice of warning.
(Mar. 4, 1907, ch. 2907, title IV, §406, as added
Editorial Notes
Amendments
1986—Subsec. (b).
Subsec. (c).
Statutory Notes and Related Subsidiaries
Effective and Termination Dates of 1986 Amendment
Construction and Effect of Amendments by Pub. L. 99–641
For provisions relating to construction and effect of temporary amendments by section 403 of
§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
(Mar. 4, 1907, ch. 2907, title IV, §407, as added
Editorial Notes
References in Text
The last paragraph of
1 See References in Text note below.
§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
(Mar. 4, 1907, ch. 2907, title IV, §408, as added
1 So in original. Probably should be "requirements".
§679. Application of Federal Food, Drug, and Cosmetic Act
(a) Authorities under food, drug, and cosmetic provisions unaffected
Notwithstanding any other provisions of law, including section 1002(b) of the Federal Food, Drug, and Cosmetic Act (
(b) Enforcement proceedings; detainer authority of representatives of Secretary of Health and Human Services
The detainer authority conferred by
(Mar. 4, 1907, ch. 2907, title IV, §409, as added
Editorial Notes
References in Text
The Federal Food, Drug, and Cosmetic Act, referred to in subsec. (b), is act June 25, 1938, ch. 675,
Amendments
2009—Subsec. (a).
Statutory Notes and Related Subsidiaries
Change of Name
"Secretary of Health and Human Services" substituted for "Secretary of Health, Education, and Welfare" in subsec. (b) pursuant to section 509(b) of
§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), 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
(g) Conflicts of interest
The Secretary shall promulgate regulations regarding conflicts of interest with respect to the members of the panel.
(h) Exemption
(i) Funding
From funds available to the Secretary to carry out this chapter and the Poultry Products Inspection Act (
(Mar. 4, 1907, ch. 2907, title IV, §410, as added
Editorial Notes
References in Text
The Food and Agriculture Act of 1977, referred to in subsec. (h), is
The Poultry Products Inspection Act, referred to in subsec. (i), is
Prior Provisions
A prior section 410 of act Mar. 4, 1907, was renumbered section 411, and is classified to
Amendments
2022—Subsec. (h).
Statutory Notes and Related Subsidiaries
Use of Appropriated Funds
For prohibition of use of funds appropriated by div. A of
§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.
(
Editorial Notes
Codification
Section was enacted as part of the Farm Security and Rural Investment Act of 2002, and not as part of the Federal Meat Inspection Act which is classified to subchapters I to IV–A of this chapter.
§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
(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.
(
Editorial Notes
Codification
Section was enacted as part of the Public Health Security and Bioterrorism Preparedness and Response Act of 2002, and not as part of the Federal Meat Inspection Act which is classified to subchapters I to IV–A of this chapter.
§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.
(Mar. 4, 1907, ch. 2907, title IV, §411, formerly §410, as added