FEDERAL MEAT INSPECTION ACT
Public Law 90-201, as amended
FEDERAL MEAT INSPECTION ACT
201
117–286
Statute Compilation
United States House of Representatives
Office of the Legislative Counsel
text/xml
EN
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Federal Meat Inspection Act
Wholesome Meat Act
10270
90
1967-12-15
FEDERAL MEAT INSPECTION ACT
[Public Law 90-201]
[As Amended Through P.L. 117–286, Enacted December 27, 2022]
[Currency: This publication is a compilation of the text of Public Law 90-201. It was last amended by the public law listed in the As Amended Through note above and below at the bottom of each page of the pdf version and reflects current law through the date of the enactment of the public law listed at https://www.govinfo.gov/app/collection/comps/]
[Note: While this publication does not represent an official version of any Federal statute, substantial efforts have been made to ensure the accuracy of its contents. The official version of Federal law is found in the United States Statutes at Large and in the United States Code. The legal effect to be given to the Statutes at Large and the United States Code is established by statute (1 U.S.C. 112, 204).]
[The short title of this Act is the Federal Meat Inspection Act. The Act was substantially amended by the Wholesome Meat Act (Public Law 90–201; 81 Stat. 584), which, in general, designated existing provisions for meat inspection as the “Federal Meat Inspection Act” and as title I of that Act, and added titles II, III, and IV to that Act.]

TABLE OF CONTENTS1
^1
This table of contents is not part of the Act but is included for user convenience. The numbers in brackets refer to the corresponding section number in title 21, United States Code.
TITLE I—
INSPECTION REQUIREMENTS; ADULTERATION AND MISBRANDING
Sec.
1.
[601.] Definitions.
2.
[602.] Congressional statement of findings.
3.
[603.] Inspection of meat and meat food products.
4.
[604.] Post mortem examination of carcasses and marking or labeling; destruction of carcasses condemned; reinspection.
5.
[605.] Examination of carcasses brought into slaughtering or packing establishments, and of meat food products issued from and returned thereto; conditions for entry.
6.
[606.] Examination and inspection of meat food products.
7.
[607.] Labeling, marking, and container requirements.
8.
[608.] Sanitary inspection and regulation of slaughtering and packing establishments; rejection of adulterated meat or meat food products.
9.
[609.] Examination of animals and food products thereof, slaughtered and prepared during nighttime.
10.
[610.] Prohibited acts.
11.
[611.] Devices, marks, labels, and certificates; simulations.
12.
[612.] Notification.
13.
[613.] Plans and reassessments.
14.
[614.] Repealed.
15.
[615.] Inspection of carcasses, meat of which is intended for export.
16.
[616.] Inspectors of carcasses, etc., meat of which is intended for export; certificates of condition.
17.
[617.] Clearance prohibited to vessel carrying meat for export without inspector's certificate.
18.
[618.] Delivery of inspectors' certificates, and of copies.
19.
[619.] Marking, labeling, or other identification of kinds of animals or articles' derivation; separate establishments for preparation and slaughtering activities.
20.
[620.] Imports.
21.
[621.] Inspectors to make examinations provided for; appointment; duties; regulations.
22.
[622.] Bribery of or gifts to inspectors or other officers and acceptance of gifts.
23.
[623.] Exemptions from inspection requirements.
24.
[624.] Storage and handling regulations; violations; exemption of establishments subject to non-Federal jurisdiction.
25.
[625.] Catfish.
TITLE II—
MEAT PROCESSORS AND RELATED INDUSTRIES
201.
[641.] Prohibition of title I inspection of articles not intended for use as human food; denaturation or other identification prior to distribution in commerce; inedible articles.
202.
[642.] Recordkeeping requirements.
203.
[643.] Registration of business, name of person, and trade names.
204.
[644.] Regulation of transactions, transportation, or importation of 4–D animals to prevent use as human food.
205.
[645.] Federal provisions applicable to State or Territorial business transactions of a local nature and not subject to local authority.
TITLE III—
FEDERAL AND STATE COOPERATION
301.
[661.] Federal and State cooperation.
TITLE IV—
AUXILIARY PROVISIONS
401.
[671.] Inspection services.
402.
[672.] Administrative detentions; duration; pending judicial proceedings; notification of governmental authorities; release.
403.
[673.] Seizure and condemnation.
404.
[674.] Federal court jurisdiction of enforcement and injunction proceedings and other kinds of cases; limitations of section 607(e) of this title.
405.
[675.] Assaulting, resisting, or impeding certain persons; murder; protection of such persons.
406.
[676.] Violations.
407.
[677.] Other Federal laws applicable for administration and enforcement of chapter; location of inquiries; jurisdiction of Federal courts.
408.
[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.
409.
[679.] Application of Federal Food, Drug, and Cosmtic Act.
410.
[679a.] Safe meat and poultry inspection panel.
411.
[680.] Authorization of appropriations.
TITLE V—
INSPECTIONS BY FEDERAL AND STATE AGENCIES
501.
[683.] Interstate shipment of meat inspected by Federal and State agencies for certain small establishments.
TITLE I—

INSPECTION REQUIREMENTS; ADULTERATION AND MISBRANDING
Section 1.
[21 U.S.C. 601]
As used in this Act, except as otherwise specified, the following terms shall have the meanings stated below:
(a)
The term “Secretary” means the Secretary of Agriculture of the United States or his delegate.
(b)
The term “firm” means any partnership, association, or other unincorporated business organization.
(c)
The term “meat broker” means any person, firm, or corporation engaged in the business of buying or selling carcasses, parts of carcasses, meat, or meat food products of amenable species2 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.
^2
Sec. 798(1) of P.L. 109–97, Nov. 10, 2005, amended the Act by striking “cattle, sheep, swine, goats, horses, mules, and other equines” each place it appears and inserting “amenable species”. Although the previous text read “cattle, sheep, swine, goats, horses, mules, or other equines”, the amendment was executed to effectuate the probable intent of Congress.
(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 amenable species,2 except rendering conducted under inspection or exemption under title I of this Act.
(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 amenable species.2
(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”3 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 amenable species,4 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 amenable species.5
^3
The term “meat food product” is often used with the term “meat”, which is not defined by the Act.
^4
Sec. 798(1) of P.L. 109–97, Nov. 10, 2005, amended the Act by striking “cattle, sheep, swine, goats, horses, mules, and other equines” each place it appears and inserting “amenable species”. Although the previous text read “cattle, sheep, swine, or goats”, the amendment was executed to effectuate the probable intent of Congress.
^5
Sec. 798(1) of P.L. 109–97, Nov. 10, 2005, amended the Act by striking “cattle, sheep, swine, goats, horses, mules, and other equines” each place it appears and inserting “amenable species”. Although the previous text read “cattle, sheep, swine, and goats”, the amendment was executed to effectuate the probable intent of Congress.
(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 408 of the Federal Food, Drug, and Cosmetic Act,
(C)
if it bears or contains any food additive which is unsafe within the meaning of section 409 of the Federal Food, Drug, and Cosmetic Act,
(D)
if it bears or contains any color additive which is unsafe within the meaning of section 721 of the Federal Food, Drug, and Cosmetic Act. 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 title I of this Act;
(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 409 of the Federal Food, Drug, and Cosmetic Act;
(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 it bulk or weight, or reduce its quality or stength, 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 Act to appear on the label or other labeling is not prominently placed thereon with such conspicucusness (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 7 of this Act 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 7 of this Act, 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, Education, and Welfare, 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” means the Act so entitled, approved June 25, 1938 (52 Stat. 1040), and Acts amendatory thereof or supplementary thereto.6
^6
The Federal Food, Drug, and Cosmetic Act appears in 21 U.S.C. 301 et seq.
(r)
The term “pesticide chemical”, “food additive”, “color additive”, and “raw agricultural commodity” shall have the same meanings for purposes of this Act as under the Federal Food, Drug, and Cosmetic Act.
(s)
The term “official mark” means the official inspection legend or any other symbol prescribed by regulations of the Secretry to identify the status of any article or animal under this Act.
(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 Act.
(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 Act.
(v)
The term “official device” means any device prescribed or authorized by the Secretary for use in applying any offical mark.
(w)7
The term “amenable species” means—
^7
Subsec. (w) added by sec. 798(2) of P.L. 109–97, Nov. 10, 2005. Sec. 798(1) of P.L. 109–97, Nov. 10, 2005, amended the Act by striking “cattle, sheep, swine, goats, horses, mules, and other equines” each place it appears and inserting “amenable species”.
(1)
those species subject to the provisions of this Act on the day before the date of the enactment of the Agriculture, Rural Development, Food and Drug Administration, and Related Agencies Appropriations Act, 2006;
(2)
all fish of the order Siluriformes; and
(3)
any additional species of livestock that the Secretary considers appropriate.
Sec. 2.
[21 U.S.C. 602]
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 Act 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 comtemplated by this Act are appropriate to prevent and eliminate burdens upon such commerce, to effectively regulate such commerce, and to protect the health and welfare of consumers.
Sec. 3.
[21 U.S.C. 603]
(a)
That hereafter, for the purpose of preventing the use in commerce, as hereinafter provided, of meat and meat food products which are adulterated, the Secretary shall cause to be made, by inspectors appointed for that purpose, an examination and inspection of all amenable species before they shall be allowed to enter into any slaughtering, packing, meat-canning, 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 amenable species found on such inspection to show symptons of disease shall be set apart and slaughtered separately from all other amenable species9, and when so slaughtered, the carcasses of said amenable species9 shall be subject to a careful examination and inspection, all as provided by the rules and regulations to be prescribed by the Secretary as herein provided for.
^9
Sec. 798(1) of P.L. 109–97, Nov. 10, 2005, amended the Act by striking “cattle, sheep, swine, goats, horses, mules, and other equines” each place it appears and inserting “amenable species”. Although the previous text read “cattle, sheep, swine, goats, horses, mules, or other equines”, the amendment was executed to effectuate the probable intent of Congress.
(b)
For the purpose of preventing the inhumane slaughtering of livestock, the Secretary shall cause to be made, by inspectors appointed for that purpose, an examination and inspection of the method by which amenable species are slaughtered and handled in connection with slaughter in the slaughtering establishments inspected under this Act. 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 amenable species9 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.
Sec. 4.
[21 U.S.C. 604]
That for the purposes hereinbefore set forth the Secretary shall cause to be made by inspectors appointed for that purpose, as hereinbefore provided, a post-mortem examination and inspection of the carcasses and parts thereof of all amenable species 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 condemned carcass or part thereof.
Sec. 5.
[21 U.S.C. 605]
The foregoing provisions shall apply to all carcasses or parts of carcasses of amenable species or the meat or meat products thereof which may be brought into any slaughtering, meat-canning, salting, packing, rendering, or similar 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 title 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 Act.
Sec. 6.10
[21 U.S.C. 606]
(a)

In General.—
For the purposes hereinbefore set forth the Secretary shall cause to be made, by inspectors appointed for that purpose, an examination and inspection of all meat food products prepared for commerce in any slaughtering, meat-canning, salting, packing, rendering, or similar 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.
^{10}
Sec. 11016(b)(2) of the Food, Conservation, and Energy Act of 2008 (7 U.S.C. 2 note; Public Law 110–246) provides: “The amendments made by paragraph (1) shall not apply until the date on which the Secretary of Agriculture issues final regulations (after providing a period of public comment, including through the conduct of public meetings or hearings, in accordance with chapter 5 of title 5, United States Code) to carry out such amendments.”.
(b)

Certain Fish.—
In the case of an examination and inspection under subsection (a) of a meat food product derived from any fish described in section 1(w)(2), the Secretary shall take into account the conditions under which the fish is raised and transported to a processing establishment.
Sec. 7.
[21 U.S.C. 607]
(a)
That 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 Act 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 Act; 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 Act 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)
All carcasses, parts of carcasses, meat and meat food products inspected at any establishment under the authority of this title 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 1 of this Act.
(c)
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 title or title II of this Act; (2) definitions and standards of identity or composition for articles subject to this title and standards of fill of container for such articles not inconsistent with any such standards established under the Federal Food, Drug, and Cosmetic Act, and there shall be consultation between the Secretary and the Secretary of Health, Education, and Welfare prior to the issuance of such standards under either Act relating to articles subject to this Act 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 301 of this Act, prior to the issuance of such standards under this Act, to avoid, insofar as feasible, inconsistency between Federal and State standards.
(d)
No article subject to this title 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)
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 title 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 204 of the Packers and Stockyards Act, 1921 (42 Stat. 162, as amended; 7 U.S.C. 194), 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.
Sec. 8.
[21 U.S.C. 608]
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 amenable species 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.”
Sec. 9.
[21 U.S.C. 609]
That the Secretary shall cause an examination and inspection of all amenable species, and, except as provided in section 6,11 the food products thereof, slaughtered and prepared in the establishments hereinbefore described for the purposes of commerce to be made during the nighttime as well as during the daytime when the slaughtering of said amenable species, or the preparation of said food products is conducted during the nighttime.
^{11}
In section 9, the phrase “except as provided in section 6,” was included in the section only until Nov. 10, 1992. See section 403(d) of the Processed Products Inspection Improvement Act of 1986 (title IV of Public Law 99–641; 100 Stat. 3570).
Sec. 10.
[21 U.S.C. 610]
No person, firm, or corporation shall, with respect to any amenable species,12 or any carcasses, parts of carcasses, meat or meat food products of any such animals—
^{12}
Sec. 798(1) of P.L. 109–97, Nov. 10, 2005, amended the Act by striking “cattle, sheep, swine, goats, horses, mules, and other equines” each place it appears and inserting “amenable species”. Although the previous text read “cattle, sheep, swine, goats, horses, mules, or other equines”, the amendment was executed to effectuate the probable intent of Congress.
(a)
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 Act;
(b)
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)
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 title unless they have been so inspected and passed;
(d)
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.
Sec. 11.
[21 U.S.C. 611]
(a)
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)
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 Act when, in fact, it has, respectively, not been so inspected and passed, or exempted.
SEC. 12.
[21 U.S.C. 612]

NOTIFICATION.
Any establishment subject to inspection under this Act that believes, or has reason to believe, that an adulterated or misbranded meat or meat food product received by or originating from the establishment has entered into commerce shall promptly notify the Secretary with regard to the type, amount, origin, and destination of the meat or meat food product.
SEC. 13.
[21 U.S.C. 613]

PLANS AND REASSESSMENTS.
The Secretary shall require that each establishment subject to inspection under this Act shall, at a minimum—
(1)
prepare and maintain current procedures for the recall of all meat or meat food products produced and shipped by the establishment;
(2)
document each reassessment of the process control plans of the establishment; and
(3)
upon request, make the procedures and reassessed process control plans available to inspectors appointed by the Secretary for review and copying.
[Section 14 repealed by section 10418(a)(19) of P.L. 107–171, 116 Stat. 508.]
Sec. 15.
[21 U.S.C. 615]
That the Secretary shall also cause to be made a careful inspection of the carcasses and parts thereof of all amenable species,13 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.
^{13}
Sec. 798(1) of P.L. 109–97, Nov. 10, 2005, amended the Act by striking “cattle, sheep, swine, goats, horses, mules, and other equines” each place it appears and inserting “amenable species”. Although the previous text read “cattle, sheep, swine, goats, horses, mules, or other equines”, the amendment was executed to effectuate the probable intent of Congress.
Sec. 16.
[21 U.S.C. 616]
And for this purpose he may appoint inspectors who shall be authorized to give an official certificate stating the condition in which said amenable species,14 and the meat thereof, are found.
^{14}
Sec. 798(1) of P.L. 109–97, Nov. 10, 2005, amended the Act by striking “cattle, sheep, swine, goats, horses, mules, and other equines” each place it appears and inserting “amenable species”. Although the previous text read “cattle, sheep, swine, goats, horses, mules, or other equines”, the amendment was executed to effectuate the probable intent of Congress.
Sec. 17.
[21 U.S.C. 617]
And 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 Act a certificate that the said amenable species 15 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 amenable species or meats are to be exported.
^{15}
Sec. 798(1) of P.L. 109–97, Nov. 10, 2005, amended the Act by striking “cattle, sheep, swine, goats, horses, mules, and other equines” each place it appears and inserting “amenable species”. Although the previous text read “cattle, sheep, swine, goats, horses, mules, or other equines”, the amendment was executed to effectuate the probable intent of Congress.
Sec. 18.
[21 U.S.C. 618]
That the inspectors provided for herein shall be authorized to give official certificates of the condition of the carcasses and products of amenable species, and one copy of every certificate granted under the provisions of this Act shall be filed in the Department, another copy shall be delivered to the owner or shipper, and when the amenable species or their carcasses and products are sent abroad, a third copy shall be delivered to the chief officer of the vessel on which the shipment shall be made.
Sec. 19.
[21 U.S.C. 619]
No person, firm, or corporation shall sell, transport, offer for sale or transportation, or receive for transportation, in commerce, any carcasses of species designated by regulations in effect on the day before the date of the enactment of the Agriculture, Rural Development, Food and Drug Administration, and Related Agencies Appropriations Act, 200616 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 title, such animals and their carcasses, parts thereof, meat and meat food products shall be prepared in establishments separate from those in which other amenable species are slaughtered or their carcasses, parts thereof, meat or meat food products are prepared.
^{16}
Sec. 798(3)(A) of the Agriculture, Rural Development, Food and Drug Administration, and Related Agencies Appropriations Act, 2006, Nov. 10, 2006, struck “horses, mules, or other equines” and inserted “species designated by regulations in effect on the day before the date of the enactment of the Agriculture, Rural Development, Food and Drug Administration, and Related Agencies Appropriations Act, 2006”.
Sec. 20.
[21 U.S.C. 620]
(a)
No carcasses, parts of carcasses, meat or meat food products of amenable species 17 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 Act 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 connnection 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 Act and the Federal Food, Drug, and Cosmetic Act: 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.
^{17}
Sec. 798(1) of P.L. 109–97, Nov. 10, 2005, amended the Act by striking “cattle, sheep, swine, goats, horses, mules, and other equines” each place it appears and inserting “amenable species”. Although the previous text read “cattle, sheep, swine, goats, horses, mules, or other equines”, the amendment was executed to effectuate the probable intent of Congress.
(b)
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 Act solely because of misbranding, such articles are brought into compliance with the Act under supervision of authorized representatives of the Secretary.
(c)
All charge§s 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 Act by or for such owner or consignee.
(d)
The knowing importation of any article contrary to this section is prohibited.
(e)
Not later than March 1 of each year the Secretary shall submit to the Committee on Agriculture of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate a comprehensive and detailed written report with respect to the administration of this section during the immediately preceding calendar year. Such report shall include, but shall not be limited to the following:
(1)
(A)
A certification by the Secretary that foreign plants exporting carcasses or meat or meat products referred to in subsection (a) have complied with requirements that achieve a level of sanitary protection equivalent to that achieved under United States requirements with regard to all inspection, building construction standards, and all other provisions of this Act and regulations issued under this Act.
(B)
The Secretary may treat as equivalent to a United States requirement a requirement described in subparagraph (A) if the exporting country provides the Secretary with scientific evidence or other information, in accordance with risk assessment methodologies determined appropriate by the Secretary, to demonstrate that the requirement achieves the level of sanitary protection achieved under the United States requirement. For the purposes of this subsection, the term “sanitary protection” means protection to safeguard public health.
(C)
The Secretary may—
(i)
determine, on a scientific basis, that a requirement of an exporting country does not achieve the level of protection that the Secretary considers appropriate; and
(ii)
provide the basis for the determination to the exporting country in writing on request.
(2)18
The names and locations of plants authorized or permitted to have imported into the United States therefrom carcasses or meat or meat products referred to in subsection (a) of this section.
^{18}
Section 431(l) of Public Law 103–465 (108 Stat. 4970; GATT implementation legislation) struck a previous version of paragraph (2) and redesignated paragraphs (3) through (7) accordingly. The previous paragraph (2) read as follows: “A certification by the Secretary that, except as provided in paragraph (1), foreign plants that export carcasses or meat or meat products referred to in subsection (a) have complied with requirements that are at least equal to all inspection and building construction standards and all other provisions of this Act and regulations issued under this Act.”. Paragraph (3) as redesignated contains a reference to the previous paragraph (2), but the reference would seem to still work to the new paragraph (2), which is the old paragraph (3).
(3)
The number of inspectors employed by the Department of Agriculture in the calendar year concerned who were assigned to inspect plants referred to in paragraph (e)(2) hereof and the frequency with which each such plant was inspected by such inspectors.
(4)
The number of inspectors licensed by each country from which any imports subject to the provisions of this section were imported who were assigned, during the calendar year concerned, to inspect such imports and the facilities in which such imports were handled and the frequency and effectiveness of such inspections.
(5)
The total volume of carcasses or meat or meat products referred to in subsection (a) of this section which was imported into the United States during the calendar year concerned from each country, including a separate itemization of the volume of each major category of such imports from each country during such year, and a detailed report of rejections of plants and products because of failure to meet appropriate standards prescribed by this Act.
(6)
The name of each foreign country that applies standards for the importation of meat articles from the United States that are described in subsection (h)(2).
(f)
Notwithstanding any other provision of law, all carcasses, parts of carcasses, meat, and meat food products of amenable species,19 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 into 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.
^{19}
Sec. 798(1) of P.L. 109–97, Nov. 10, 2005, amended the Act by striking “cattle, sheep, swine, goats, horses, mules, and other equines” each place it appears and inserting “amenable species”. Although the previous text read “cattle, sheep, swine, goats, horses, mules, or other equines”, the amendment was executed to effectuate the probable intent of Congress.
(g)
The Secretary may prescribe terms and conditions under which amenable species 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 amenable species into the United States in violation of any order issued under this subsection by the Secretary.
(h)
(1)
As used in this subsection:
(A)
The term “meat articles” means carcasses, meat and meat food products of amenable species,20 that are capable of use as human food.
^{20}
Sec. 798(1) of P.L. 109–97, Nov. 10, 2005, amended the Act by striking “cattle, sheep, swine, goats, horses, mules, and other equines” each place it appears and inserting “amenable species”. Although the previous text read “cattle, sheep, swine, goats, horses, mules, or other equines”, the amendment was executed to effectuate the probable intent of Congress.
(B)
The term “standards” means inspection, building construction, sanitary, quality, species verification, residue, and other standards that are applicable to meat articles.
(2)
On request of the Committee on Agriculture or the Committee on Ways and Means of the House of Representatives or the Committee on Agriculture, Nutrition, and Forestry or the Committee on Finance of the Senate, or at the initiative of the Secretary, the Secretary shall, as soon as practicable, determine whether a particular foreign country applies standards for the importation of meat articles from the United States that are not related to public health concerns about end-product quality that can be substantiated by reliable analytical methods.
(3)
If the Secretary determines that a foreign country applies standards described in paragraph (2)—
(A)
the Secretary shall consult with the United States Trade Representative; and
(B)
within 30 days after the determination of the Secretary under paragraph (2), the Secretary and the United States Trade Representative shall recommend to the President whether action should be taken under paragraph (4).
(4)
Within 30 days after receiving a recommendation for action under paragraph (3), the President shall, if and for such time as the President considers appropriate, prohibit imports into the United States of any meat articles produced in such foreign country unless it is determined that the meat articles produced in that country meet the standards applicable to meat articles in commerce within the United States.
(5)
The action authorized under paragraph (4) may be used instead of, or in addition to, any other action taken under any other law.
Sec. 21.
[21 U.S.C. 621]
That the Secretary shall appoint from time to time inspectors to make examination and inspection of all amenable species, the inspection of which is hereby provided for, and of all carcasses and parts thereof, and of all meats thereof, and of 21 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 Act 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 Act, and all inspections and examinations made under this Act shall be such and made in such manner as described in the rules and regulations prescribed by said Secretary not inconsistent with the provisions of this Act.
^{21}
Section 403(d) of the Processed Products Inspection Improvement Act of 1986 (title IV of Public Law 99–641; 100 Stat. 3570) struck out “and meat food products” the first place it appeared and inserted “thereof, and of meat food products”. The amendment was effective only until Nov. 10, 1992.
Sec. 22.
[21 U.S.C. 622]
That 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 Act 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 herein provided for, shall be deemed guilty of a felony and, upon conviction thereof, shall be punished by a fine not less than five thousand dollars nor more than ten thousand dollars 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 Act 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 one thousand dollars nor more than ten thousand dollars and by imprisonment not less than one year nor more than three years.
Sec. 23.
[21 U.S.C. 623]
(a)
The provisions of this title 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 amenable species 22 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 households 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 amenable species 22 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 title 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.
^{22}
Sec. 798(1) of P.L. 109–97, Nov. 10, 2005, amended the Act by striking “cattle, sheep, swine, goats, horses, mules, and other equines” each place it appears and inserting “amenable species”. Although the previous text read “cattle, sheep, swine or goats”, the amendment was executed to effectuate the probable intent of Congress.
(b)
The Secretary may, under such sanitary conditions as he may by regulations prescribe, exempt from the inspection requirements of this title 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 Act and that such exemption will otherwise facilitate enforcement of this Act. The Secretary may refuse, withdraw, or modify any exemption under this paragraph (b) in his discretion whenever he determines such action is necessary to effectuate the purposes of this Act.
(c)
(1)
Under such terms and conditions as the Secretary shall prescribe through rules and regulations issued under section 24 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 Act 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 Act; 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)
The adulteration and misbranding provisions of this title, 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.
Sec. 24.
[21 U.S.C. 624]
The Secretary may by regulations prescribe conditions under which careasses, parts of carcasses, meat, and meat food products of amenable species,23 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 article, 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 301 of this Act, determines is adequate to effectuate the purposes of this section.
^{23}
Sec. 798(1) of P.L. 109–97, Nov. 10, 2005, amended the Act by striking “cattle, sheep, swine, goats, horses, mules, and other equines” each place it appears and inserting “amenable species”. Although the previous text read “cattle, sheep, swine, goats, horses, mules, or other equines”, the amendment was executed to effectuate the probable intent of Congress.
Sec. 25.
[21 U.S.C. 625]
24 Notwithstanding any other provision of this Act, the requirements of sections 3, 4, 5, 10(b), and 23 shall not apply to any fish described in section 1(w)(2).
^{24}
Sec. 11016(b)(2) of the Food, Conservation, and Energy Act of 2008 (7 U.S.C. 2 note; Public Law 110–246) provides: “The amendments made by paragraph (1) shall not apply until the date on which the Secretary of Agriculture issues final regulations (after providing a period of public comment, including through the conduct of public meetings or hearings, in accordance with chapter 5 of title 5, United States Code) to carry out such amendments.”.
TITLE II—

MEAT PROCESSORS AND RELATED INDUSTRIES
Sec. 201.
[21 U.S.C. 641]
Inspection shall not be provided under title I of this Act at any establishment for the slaughter of amenable species,25 or the preparation of any carcasses or parts of 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.
^{25}
Sec. 798(1) of P.L. 109–97, Nov. 10, 2005, amended the Act by striking “cattle, sheep, swine, goats, horses, mules, and other equines” each place it appears and inserting “amenable species”. Although the previous text read “cattle, sheep, swine, goats, horses, mules, or other equines”, the amendment was executed to effectuate the probable intent of Congress.
Sec. 202.
[21 U.S.C. 642]
(a)
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 amenable species,26 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;
^{26}
Sec. 798(1) of P.L. 109–97, Nov. 10, 2005, amended the Act by striking “cattle, sheep, swine, goats, horses, mules, and other equines” each place it appears and inserting “amenable species”. Although the previous text read “cattle, sheep, swine, goats, horses, mules, or other equines”, the amendment was executed to effectuate the probable intent of Congress.
(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 amenable species,26 or parts of the carcasses of any such animals that died otherwise than by slaugther.
(b)
Any record required to be maintained by this section shall be maintained for such period of time as the Secretary may by regulations prescribe.
Sec. 203.
[21 U.S.C. 643]
No person, firm, or corporation shall engage in business, in or for commerce, as a meat broker, rendered 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 amenable species,27 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 slaugther, 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.
^{27}
Sec. 798(1) of P.L. 109–97, Nov. 10, 2005, amended the Act by striking “cattle, sheep, swine, goats, horses, mules, and other equines” each place it appears and inserting “amenable species”. Although the previous text read “cattle, sheep, swine, goats, horses, mules, or other equines”, the amendment was executed to effectuate the probable intent of Congress.
Sec. 204.
[21 U.S.C. 644]
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 slaugther, shall buy, sell, transport, offer for sale or transportation, or receive for transportation, in commerce, or import, any dead, dying, disabled, or diseased amenable species,28 or parts of the carcasses of any such animals that died otherwise than by slaugther, 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.
^{28}
Sec. 798(1) of P.L. 109–97, Nov. 10, 2005, amended the Act by striking “cattle, sheep, swine, goats, horses, mules, and other equines” each place it appears and inserting “amenable species”. Although the previous text read “cattle, sheep, swine, goats, horses, mules, or other equines”, the amendment was executed to effectuate the probable intent of Congress.
Sec. 205.
[21 U.S.C. 645]
The authority conferred on the Secretary by section 202, 203, or 204 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 301 of this Act, 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 Act 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 Act; and in such case the provisions of section 202, 203, or 204, 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.
TITLE III—

FEDERAL AND STATE COOPERATION
Sec. 301.
[21 U.S.C. 661]
(a)
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)
The Secretary is authorized, whenever he determines that it would effectuate the purposes of this Act, 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 title I of this Act, with respect to all or certain classes of persons engaged in the State in slaughtering amenable species,29 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.
^{29}
Sec. 798(1) of P.L. 109–97, Nov. 10, 2005, amended the Act by striking “cattle, sheep, swine, goats, horses, mules, and other equines” each place it appears and inserting “amenable species”. Although the previous text read “cattle, sheep, swine, goats, or equines”, the amendment was executed to effectuate the probable intent of Congress.
(2)
The Secretary is further authorized, whenever he determines that it would effectuate the purposes of this Act, to cooperate with appropriate State agencies in developing and administering State programs under State laws containing authorities at least equal to those provided in title II of this Act; and to cooperate with other agencies of the United States in carrying out any provisions of this Act.
(3)
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)
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 Act, including evaluating State programs for purposes of this Act and obtaining better coordination and more uniformity among the State programs and between the Federal and State programs and adequate protection of consumers.
(b)
The appropriate State agency with which the Secretary may cooperate under this Act 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 Act. 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)
(1)
If the Secretary has reason to believe, by thirty days prior to the expiration of two years after enactment of the Wholesome Meat Act, 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 amenable species 30 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 title I and IV of this Act, 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 titles I and IV of this Act 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 titles 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 title I and title IV of this Act: 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 301 of the Act 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 titles I and IV of the Act, 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 title I and title IV of this Act.
^{30}
See note 301–1.
(2)
The provisions of this Act 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 202 of this Act: Provided further, That the facility may be subject to the inspection requirements under title I of this Act 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)
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 titles I and IV, with respect to the operations and transactions within such State which are regulated under subparagraph (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 titles I and IV.
(4)
The Secretary shall promptly upon enactment of the Wholesome Meat Act 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 17 of the Wholesome Meat Act.31
^{31}
Section 17 of the Wholesome Meat Act, which is referred to in section 301(c)(4) above, appears as section 21 U.S.C. 691 and is included in this compilation.
(d)
As used in this section, the term “State” means any State (including the Commonwealth of Puerto Rico) or organized Territory.
TITLE IV—

AUXILIARY PROVISIONS
Sec. 401.
[21 U.S.C. 671]
The Secretary may (for such period, or indefinitely, as he deems necessary to effectuate the purposes of this Act) refuse to provide, or withdraw, inspection service under title I of this Act 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 title 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 Act for withdrawal of inspection services under title I from establishments failing to maintain sanitary conditions or to destroy condemned carcasses, parts, meat or meat food products.
For the purpose of this section a person shall be deemed to be responsibly connected with the business if he was a partner, officer, director, holder, or owner of 10 per centum or more of its voting stock or employee in a managerial or executive capacity.
The determination and order of the Secretary with respect thereto under this section shall be final and conclusive unless the affected applicant for, or recipient of, inspection service files application for judicial review within thirty days after the effective date of such order in the appropriate court as provided in section 404. Judicial review of any such order shall be upon the record upon which the determination and order are based.
Sec. 402.
[21 U.S.C. 672]
Whenever any carcass, part of a carcass, meat or meat food product of amenable species,32 or any product exempted from the definition of a meat food product, or any dead, dying, disabled, or diseased amenable species 33 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 title I or II of this Act, 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 title I of this Act 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 403 of this Act 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.
^{32}
Sec. 798(1) of P.L. 109–97, Nov. 10, 2005, amended the Act by striking “cattle, sheep, swine, goats, horses, mules, and other equines” each place it appears and inserting “amenable species”. Although the previous text read “cattle, sheep, swine, goats, horses, mules, or other equines”, the amendment was executed to effectuate the probable intent of Congress.
^{33}
Sec. 798(1) of P.L. 109–97, Nov. 10, 2005, amended the Act by striking “cattle, sheep, swine, goats, horses, mules, and other equines” each place it appears and inserting “amenable species”. Although the previous text read “cattle, sheep, swine, goat, or equine”, the amendment was executed to effectuate the probable intent of Congress.
Sec. 403.
[21 U.S.C. 673]
(a)
(1)
Any carcass, part of a carcass, meat or meat food product of amenable species,34 or any dead, dying, disabled, or diseased amenable species,35 that is being transported in commerce or otherwise subject to title I or II of this Act, 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 Act, 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 Act, 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 404 of this Act within the jurisdiction of which the article or animal is found.
^{34}
Sec. 798(1) of P.L. 109–97, Nov. 10, 2005, amended the Act by striking “cattle, sheep, swine, goats, horses, mules, and other equines” each place it appears and inserting “amenable species”. Although the previous text read “cattle, sheep, swine, goats, horses, mules, or other equines”, the amendment was executed to effectuate the probable intent of Congress.
^{35}
Sec. 798(1) of P.L. 109–97, Nov. 10, 2005, amended the Act by striking “cattle, sheep, swine, goats, horses, mules, and other equines” each place it appears and inserting “amenable species”. Although the previous text read “cattle, sheep, swine, goat, or other equine”, the amendment was executed to effectuate the probable intent of Congress.
(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 Act, 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 Act, 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 admirality, except that either party may demand trial by jury or 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 enty 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 Act and found to be wholesome and not to be adulterated within the meaning of paragraphs (1) through (7) and (9) of section 1(m) 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 Act to be wholesome and not adulterated within the meaning of paragraphs (1) through (7) and (9) of section 1(m) 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 Act to be wholesome and not adulterated within the meaning of paragraphs (1) through (7) and (9) of section 1(m) 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)
The provisions of this section shall in no way derogate from authority for condemnation of seizure conferred by other provisions of this Act, or other laws.
Sec. 404.
[21 U.S.C. 674]
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, to prevent and restrain violations of, this Act, and shall have jurisdiction in all other kinds of cases arising under this Act, except as provided in section 7(e) of this Act.
Sec. 405.
[21 U.S.C. 675]
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 Act 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 Act shall be punished as provided under sections 1111 and 1114 of title 18, United States Code.
Sec. 406.36
[21 U.S.C. 676]
(a)
Any person, firm, or corporation who violates any provision of this Act for which no other criminal penalty is provided by this Act 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 1(m)(8) of this Act), 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 Act 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.
^{36}
Amendments to section 406 made by section 403(c) of the Processed Products Inspection Improvement Act of 1986 (title IV of Public Law 99–641; 100 Stat. 3570) were effective only until Nov. 10, 1992. For a copy of the section as it appears after that date, see 7 U.S.C. 676.
(b)
Nothing in this Act shall be construed as requiring the Secretary to report for prosecution or for the institution of libel or injunction preceedings, minor violations of this Act whenever he believes that the public interest will be adequately served by a suitable written notice of warning. In determining whether the public interest could be adequately served by a written notice of warning, the Secretary shall take into account, among other factors—
(1)
the compliance history of such establishment;
(2)
the magnitude of the violation;
(3)
whether compliance with this Act would likely be obtained as a result of such notice; and
(4)
whether such violation is of a minor or technical nature.
(c)
Unless the Secretary by regulation provides otherwise, before any violation of this Act is reported by the Secretary for prosecution in a criminal proceeding, the Secretary shall give the person alleged to have committed such violation—
(1)
reasonable notice that the Secretary intends to report such violation for prosecution; and
(2)
an opportunity to present to the Secretary, orally or in writing, views with respect to such proceeding.
Sec. 407.
[21 U.S.C. 677]
For the efficient administration and enforcement of this Act, the provisions (including penalties of sections 6, 8, 9, and 10 of the Act entitled “An Act to create a Federal Trade Commission, to define its powers and duties, and for other purposes”, approved September 26, 1914 (38 Stat. 721–723, as amended; 15 U.S.C. 46, 48, 49, and 50) (except paragraphs (c) through (h) of section 6 and the last paragraph of section 9), and the provisions of subsection 409(l) of the Communications Act of 1934 (48 Stat. 1096, as amended; 47 U.S.C. 409(l)), are made applicable to the jurisdiction, powers, and duties of the Secretary in administering and enforcing the provisions of this Act 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 Act in any part of the United States, and the powers conferred by said sections 9 and 10 of the Act of September 26, 1914, as amended, on the district courts of the United States may be exercised for the purposes of this Act by any court designated in section 404 of this Act.
Sec. 408.
[21 U.S.C. 678]
Requirements within the scope of this Act with respect to premises, facilities and operations of any establishment at which inspection is provided under title I of this Act, which are in addition to, or different than those made under this Act 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 202 of this Act, 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 Act 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 title I of this Act, but any State or Territory or the District of Columbia may, consistent with the requirements under this Act, exercise concurrent jurisdiction with the Secretary over articles required to be inspected under said title, 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 Act shall not preclude any State or Territory or the District of Columbia from making requirement or taking other action, consistent with this Act, with respect to any other matters regulated under this Act.
Sec. 409.
[21 U.S.C. 679]
(a)
Notwithstanding any other provisions of law, including section 1002(b) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 392(a)), the provisions of this Act shall not derogate from any authority conferred by the Federal Food, Drug, and Cosmetic Act prior to enactment of the Wholesome Meat Act.
(b)
The detainer authority conferred by section 402 of this Act shall apply to any authorized representative of the Secretary of Health, Education, and Welfare for purposes of the enforcement of the Federal Food, Drug, and Cosmetic Act with respect to any carcass, part thereof, meat, or meat food product of amenable species 37 that is outside any premises at which inspection is being maintained under this Act, and for such purposes the first reference to the Secretary in section 402 shall be deemed to refer to the Secretary of Health, Education, and Welfare.
^{37}
Sec. 798(1) of P.L. 109–97, Nov. 10, 2005, amended the Act by striking “cattle, sheep, swine, goats, horses, mules, and other equines” each place it appears and inserting “amenable species”. Although the previous text read “cattle, sheep, swine, goats, or equines”, the amendment was executed to effectuate the probable intent of Congress.
SEC. 410.
[21 U.S.C. 679a]

SAFE MEAT AND POULTRY INSPECTION PANEL.38
^{38}
Section 713 of the Agriculture, Rural Development, Food and Drug Administration, and Related Agencies Appropriations Act, 2006 (Public Law 109–97), provides as follows:
``Sec. 713. None of the funds appropriated by this Act may be used to carry out section 410 of the Federal Meat Inspection Act (21 U.S.C. 679a) or section 30 of the Poultry Products Inspection Act (21 U.S.C. 471).''.
(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 Act;
(B)
informal petitions or proposals for changes in inspection procedures, processes, and techniques of plants inspected under this Act;
(C)
formal changes in meat inspection regulations promulgated under this Act, 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 Act.
(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 section 5703 of title 5, United States Code.
(g)

Conflicts of Interest.—
The Secretary shall promulgate regulations regarding conflicts of interest with respect to the members of the panel.
(h)

Exemption.—
Chapter 10 of title 5, United States Code, 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 Act 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.
Sec. 411.
[21 U.S.C. 680]
There are hereby authorized to be appropriated such sums as may be necessary to carry out the provisions of this Act.
TITLE V—

INSPECTIONS BY FEDERAL AND STATE AGENCIES
SEC. 501.
[21 U.S.C. 683]

INTERSTATE SHIPMENT OF MEAT INSPECTED BY FEDERAL AND STATE AGENCIES FOR CERTAIN SMALL ESTABLISHMENTS.
(a)

Definitions.—
(1)

Appropriate state agency.—
The term “appropriate State agency” means a State agency described in section 301(b).
(2)

Designated personnel.—
The term “designated personnel” means inspection personnel of a State agency that have undergone all necessary inspection training and certification to assist the Secretary in the administration and enforcement of this Act, including rules and regulations issued under this Act.
(3)

Eligible establishment.—
The term “eligible establishment” means an establishment that is in compliance with—
(A)
the State inspection program of the State in which the establishment is located; and
(B)
this Act, including rules and regulations issued under this Act.
(4)

Meat item.—
The term “meat item” means—
(A)
a portion of meat; and
(B)
a meat food product.
(5)

Selected establishment.—
The term “selected establishment” means an eligible establishment that is selected by the Secretary, in coordination with the appropriate State agency of the State in which the eligible establishment is located, under subsection (b) to ship carcasses, portions of carcasses, and meat items in interstate commerce.
(b)

Authority of Secretary to Allow Shipments.—
(1)

In general.—
Subject to paragraph (2), the Secretary, in coordination with the appropriate State agency of the State in which an establishment is located, may select the establishment to ship carcasses, portions of carcasses, and meat items in interstate commerce, and place on each carcass, portion of a carcass, and meat item shipped in interstate commerce a Federal mark, stamp, tag, or label of inspection, if—
(A)
the carcass, portion of carcass, or meat item qualifies for the mark, stamp, tag, or label of inspection under the requirements of this Act;
(B)
the establishment is an eligible establishment; and
(C)
inspection services for the establishment are provided by designated personnel.
(2)

Prohibited establishments.—
In carrying out paragraph (1), the Secretary, in coordination with an appropriate State agency, shall not select an establishment that—
(A)
on average, employs more than 25 employees (including supervisory and nonsupervisory employees), as defined by the Secretary;
(B)
as of the date of the enactment of this section, ships in interstate commerce carcasses, portions of carcasses, or meat items that are inspected by the Secretary in accordance with this Act;
(C)
(i)
is a Federal establishment;
(ii)
was a Federal establishment that was reorganized on a later date under the same name or a different name or person by the person, firm, or corporation that controlled the establishment as of the date of the enactment of this section; or
(iii)
was a State establishment as of the date of the enactment of this section that—
(I)
as of the date of the enactment of this section, employed more than 25 employees; and
(II)
was reorganized on a later date by the person, firm, or corporation that controlled the establishment as of the date of the enactment of this section;
(D)
is in violation of this Act;
(E)
is located in a State that does not have a State inspection program; or
(F)
is the subject of a transition carried out in accordance with a procedure developed by the Secretary under paragraph (3)(A).
(3)

Establishments that employ more than 25 employees.—
(A)

Development of procedure.—
The Secretary may develop a procedure to transition to a Federal establishment any establishment under this section that, on average, consistently employs more than 25 employees.
(B)

Eligibility of certain establishments.—
(i)

In general.—
A State establishment that employs more than 25 employees but less than 35 employees as of the date of the enactment of this section may be selected as a selected establishment under this subsection.
(ii)

Procedures.—
A State establishment shall be subject to the procedures established under subparagraph (A) beginning on the date that is 3 years after the effective date described in subsection (j).
(c)

Reimbursement of State Costs.—
The Secretary shall reimburse a State for costs related to the inspection of selected establishments in the State in accordance with Federal requirements in an amount of not less than 60 percent of eligible State costs.
(d)

Coordination Between Federal and State Agencies.—
(1)

In general.—
The Secretary shall designate an employee of the Federal Government as State coordinator for each appropriate State agency—
(A)
to provide oversight and enforcement of this title; and
(B)
to oversee the training and inspection activities of designated personnel of the State agency.
(2)

Supervision.—
A State coordinator shall be under the direct supervision of the Secretary.
(3)

Duties of state coordinator.—
(A)

In general.—
A State coordinator shall visit selected establishments with a frequency that is appropriate to ensure that selected establishments are operating in a manner that is consistent with this Act (including regulations and policies under this Act).
(B)

Quarterly reports.—
A State coordinator shall, on a quarterly basis, submit to the Secretary a report that describes the status of each selected establishment that is under the jurisdiction of the State coordinator with respect to the level of compliance of each selected establishment with the requirements of this Act.
(C)

Immediate notification requirement.—
If a State coordinator determines that any selected establishment that is under the jurisdiction of the State coordinator is in violation of any requirement of this Act, the State coordinator shall—
(i)
immediately notify the Secretary of the violation; and
(ii)
deselect the selected establishment or suspend inspection at the selected establishment.
(4)

Performance evaluations.—
Performance evaluations of State coordinators designated under this subsection shall be conducted by the Secretary as part of the Federal agency management control system.
(e)

Audits.—
(1)

Periodic audits conducted by inspector general of the department of agriculture.—
Not later than 2 years after the effective date described in subsection (j), and not less often than every 3 years thereafter, the Inspector General of the Department of Agriculture shall conduct an audit of each activity taken by the Secretary under this section for the period covered by the audit to determine compliance with this section.
(2)

Audit conducted by comptroller general of the united states.—
Not earlier than 3 years, nor later than 5 years, after the date of the enactment of this section, the Comptroller General of the United States shall conduct an audit of the implementation of this section to determine—
(A)
the effectiveness of the implementation of this section; and
(B)
the number of selected establishments selected by the Secretary to ship carcasses, portions of carcasses, or meat items under this section.
(f)

Technical Assistance Division.—
(1)

Establishment.—
Not later than 180 days after the effective date described in subsection (j), the Secretary shall establish in the Food Safety and Inspection Service of the Department of Agriculture a technical assistance division to coordinate the initiatives of any other appropriate agency of the Department of Agriculture to provide—
(A)
outreach, education, and training to very small or certain small establishments (as defined by the Secretary); and
(B)
grants to appropriate State agencies to provide outreach, technical assistance, education, and training to very small or certain small establishments (as defined by the Secretary).
(2)

Personnel.—
The technical assistance division shall be comprised of individuals that, as determined by the Secretary—
(A)
are of a quantity sufficient to carry out the duties of the technical assistance division; and
(B)
possess appropriate qualifications and expertise relating to the duties of the technical assistance division.
(g)

Transition Grants.—
The Secretary may provide grants to appropriate State agencies to assist the appropriate State agencies in helping establishments covered by title III to transition to selected establishments.
(h)

Violations.—
Any selected establishment that the Secretary determines to be in violation of any requirement of this Act shall be transitioned to a Federal establishment in accordance with a procedure developed by the Secretary under subsection (b)(3)(A).
(i)

Effect.—
Nothing in this section limits the jurisdiction of the Secretary with respect to the regulation of meat and meat products under this Act.
(j)

Effective Date.—
(1)

In general.—
This section takes effect on the date on which the Secretary, after providing a period of public comment (including through the conduct of public meetings or hearings), promulgates final regulations to carry out this section.
(2)

Requirement.—
Not later than 18 months after the date of the enactment of this section, the Secretary shall promulgate final regulations in accordance with paragraph (1).