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21 U.S.C. § 611 — Devices, marks, labels, and certificates; simulations
Federal law — U.S. Code and appendices · legal_authorities
**(a) Devices to be made under authorization of Secretary** No brand manufacturer, printer, or other person, firm, or corporation shall cast, print, lithograph, or otherwise make any device containing any official mark or simulation thereof, or any label bearing any such mark or simulation, or any form of official certificate or simulation thereof, except as authorized by the Secretary.
**(b) Other misconduct** No person, firm, or corporation shall—
(1) forge any official device, mark, or certificate;
(2) without authorization from the Secretary use any official device, mark, or certificate, or simulation thereof, or alter, detach, deface, or destroy any official device, mark, or certificate;
(3) contrary to the regulations prescribed by the Secretary, fail to use, or to detach, deface, or destroy any official device, mark, or certificate;
(4) knowingly possess, without promptly notifying the Secretary or his representative, any official device or any counterfeit, simulated, forged, or improperly altered official certificate or any device or label or any carcass of any animal, or part or product thereof, bearing any counterfeit, simulated, forged, or improperly altered official mark;
(5) knowingly make any false statement in any shipper’s certificate or other nonofficial or official certificate provided for in the regulations prescribed by the Secretary; or
(6) knowingly represent that any article has been inspected and passed, or exempted, under this chapter when, in fact, it has, respectively, not been so inspected and passed, or exempted.
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Source file: Laws/federal/codes/united-states-code/title-21/section-611-devices-marks-labels-and-certificates-simulations--f7f872e150.md
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Source location: Title 21, Chapter 12, § 611; chapter-012-meat-inspection.md
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**(a) Devices to be made under authorization of Secretary** No brand manufacturer, printer, or other person, firm, or corporation shall cast, print, lithograph, or otherwise make any device containing any official mark or simulation thereof, or any label bearing any such mark or simulation, or any form of official certificate or simulation thereof, except as authorized by the Secretary.
**(b) Other misconduct** No person, firm, or corporation shall—
(1) forge any official device, mark, or certificate;
(2) without authorization from the Secretary use any official device, mark, or certificate, or simulation thereof, or alter, detach, deface, or destroy any official device, mark, or certificate;
(3) contrary to the regulations prescribed by the Secretary, fail to use, or to detach, deface, or destroy any official device, mark, or certificate;
(4) knowingly possess, without promptly notifying the Secretary or his representative, any official device or any counterfeit, simulated, forged, or improperly altered official certificate or any device or label or any carcass of any animal, or part or product thereof, bearing any counterfeit, simulated, forged, or improperly altered official mark;
(5) knowingly make any false statement in any shipper’s certificate or other nonofficial or official certificate provided for in the regulations prescribed by the Secretary; or
(6) knowingly represent that any article has been inspected and passed, or exempted, under this chapter when, in fact, it has, respectively, not been so inspected and passed, or exempted.
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Federal law — U.S. Code and appendices · legal_authorities
As used in this chapter, except as otherwise specified, the following terms shall have the meanings stated below:
**(a)** The term “Secretary” means the Secretary of Agriculture of the United States or his delegate.
**(b)** The term “firm” means any partnership, association, or other unincorporated business organization.
**(c)** The term “meat broker” means any person, firm, or corporation engaged in the business of buying or selling carcasses, parts of carcasses, meat, or meat food products of cattle, sheep, swine, goats, horses, mules, or other equines on commission, or otherwise negotiating purchases or sales of such articles other than for his own account or as an employee of another person, firm, or corporation.
**(d)** The term “renderer” means any person, firm, or corporation engaged in the business of rendering carcasses or parts or products of the carcasses, of cattle, sheep, swine, goats, horses, mules, or other equines, except rendering conducted under inspection or exemption under this subchapter.
**(e)** The term “animal food manufacturer” means any person, firm, or corporation engaged in the business of manufacturing or processing animal food derived wholly or in part from carcasses, or parts or products of the carcasses, of cattle, sheep, swine, goats, horses, mules, or other equines.
**(f)** The term “State” means any State of the United States and the Commonwealth of Puerto Rico.
**(g)** The term “Territory” means Guam, the Virgin Islands of the United States, American Samoa, and any other territory or possession of the United States, excluding the Canal Zone.
**(h)** The term “commerce” means commerce between any State, any Territory, or the District of Columbia, and any place outside thereof; or within any Territory not organized with a legisl
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Federal law — U.S. Code and appendices · legal_authorities
### Statutory Notes
#### Codification
Section 71, act Mar. 4, 1907, ch. 2907, 34 Stat. 1260, which related to inspection of meat and meat food products, examination of cattle before slaughtering, separate slaughtering of diseased animals and examination of carcasses, was transferred to [section 603 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title21-section603&num=0&edition=prelim).
Section 72, act Mar. 4, 1907, ch. 2907, 34 Stat. 1260, which related to post mortem examination of carcasses, marking and labeling, destruction of condemned carcasses, and reinspection, was transferred to [section 604 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title21-section604&num=0&edition=prelim).
Section 73, act Mar. 4, 1907, ch. 2907, 34 Stat. 1261, which related to examination of carcasses brought into slaughtering or packing establishments and of meat food products issued from and returned thereto, was transferred to [section 605 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title21-section605&num=0&edition=prelim).
Section 74, act Mar. 4, 1907, ch. 2907, 34 Stat. 1261, which related to examination and inspection of meat food products, marks of inspection, destruction of condemned products, and products for export, was transferred to [section 606 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title21-section606&num=0&edition=prelim) and was subsequently repealed by Pub. L. 110–234, title XI, § 11016(b)(1)(B), May 22, 2008, 122 Stat. 1369, and Pub. L. 110–246, § 4(a), title XI, § 11016(b)(1)(B), June 18, 2008, 122 Stat. 1664, 2131.
Section 75, act Mar. 4, 1907, ch. 2907, 34 Stat. 1262, which related to labeling of receptacles and coverings of meat and meat f
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Federal law — U.S. Code and appendices · legal_authorities
Page 751
TITLE 21—FOOD AND DRUGS
§ 612
merce, (1) any such articles which (A) are ca-
pable of use as human food and (B) are adul-
terated or misbranded at the time of such sale,
transportation, offer for sale or transpor-
tation, or receipt for transportation; or (2) any
articles required to be inspected under this
subchapter unless they have been so inspected
and passed;
(d) Adulteration or misbranding
do, with respect to any such articles which
are capable of use as human food, any act
while they are being transported in commerce
or held for sale after such transportation,
which is intended to cause or has the effect of
causing such articles to be adulterated or mis-
branded.
(Mar. 4, 1907, ch. 2907, title I, § 10, formerly 8th
par., 34 Stat. 1262; renumbered § 10 and amended
Pub. L. 90–201, §§ 1, 7, Dec. 15, 1967, 81 Stat. 584,
589; Pub. L. 95–445, § 3, Oct. 10, 1978, 92 Stat. 1069.)
Editorial Notes
REFERENCES IN TEXT
Act of August 27, 1958, referred to in subsec. (b), is
Pub. L. 85–765, Aug. 27, 1958, 72 Stat. 862, which is classi-
fied generally to chapter 48 (§ 1901 et seq.) of Title 7, Ag-
riculture. For complete classification of this Act to the
Code, see Tables.
Sections 1903 and 1905 of Title 7, included within ref-
erence to Act of August 27, 1958, were repealed by Pub.
L. 95–445, § 5(b), Oct. 10, 1978, 92 Stat. 1069, effective as
set forth in section 7 of Pub. L. 95–445, set out as an Ef-
fective Date of 1978 Amendment note under section 603
of this title.
CODIFICATION
Section was formerly classified to section 78 of this
title.
AMENDMENTS
1978—Subsecs. (b) to (d). Pub. L. 95–445 added subsec.
(b) and redesignated former subsecs. (b) and (c) as (c)
and (d), respectively.
1967—Pub. L. 90–201, § 7, included the list of animals
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