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21 U.S.C. § 679 — Application of Federal Food, Drug, and Cosmetic Act
Federal law — U.S. Code and appendices · legal_authorities
**(a) Authorities under food, drug, and cosmetic provisions unaffected** Notwithstanding any other provisions of law, including section 1002(b) of the Federal Food, Drug, and Cosmetic Act ([21 U.S.C. 392(a)](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title21-section392/a&num=0&edition=prelim)), the provisions of this chapter shall not derogate from any authority conferred by the Federal Food, Drug, and Cosmetic Act [[21 U.S.C. 301](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title21-section301&num=0&edition=prelim) et seq.] prior to December 15, 1967.
**(b) Enforcement proceedings; detainer authority of representatives of Secretary of Health and Human Services** The detainer authority conferred by [section 672 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title21-section672&num=0&edition=prelim) shall apply to any authorized representative of the Secretary of Health and Human Services for purposes of the enforcement of the Federal Food, Drug, and Cosmetic Act [[21 U.S.C. 301](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title21-section301&num=0&edition=prelim) et seq.] with respect to any carcass, part thereof, meat, or meat food product of cattle, sheep, swine, goats, or equines that is outside any premises at which inspection is being maintained under this chapter, and for such purposes the first reference to the Secretary in [section 672 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title21-section672&num=0&edition=prelim) shall be deemed to refer to the Secretary of Health and Human Services.
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Source file: Laws/federal/codes/united-states-code/title-21/section-679-application-of-federal-food-drug-and-cosmetic-act--866c8c807d.md
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Source location: Title 21, Chapter 12, § 679; chapter-012-meat-inspection.md
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**(a) Authorities under food, drug, and cosmetic provisions unaffected** Notwithstanding any other provisions of law, including section 1002(b) of the Federal Food, Drug, and Cosmetic Act ([21 U.S.C. 392(a)](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title21-section392/a&num=0&edition=prelim)), the provisions of this chapter shall not derogate from any authority conferred by the Federal Food, Drug, and Cosmetic Act [[21 U.S.C. 301](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title21-section301&num=0&edition=prelim) et seq.] prior to December 15, 1967.
**(b) Enforcement proceedings; detainer authority of representatives of Secretary of Health and Human Services** The detainer authority conferred by [section 672 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title21-section672&num=0&edition=prelim) shall apply to any authorized representative of the Secretary of Health and Human Services for purposes of the enforcement of the Federal Food, Drug, and Cosmetic Act [[21 U.S.C. 301](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title21-section301&num=0&edition=prelim) et seq.] with respect to any carcass, part thereof, meat, or meat food product of cattle, sheep, swine, goats, or equines that is outside any premises at which inspection is being maintained under this chapter, and for such purposes the first reference to the Secretary in [section 672 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title21-section672&num=0&edition=prelim) shall be deemed to refer to the Secretary of Health and Human Services.
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Federal law — U.S. Code and appendices · legal_authorities
This chapter may be cited as the Federal Food, Drug, and Cosmetic Act.
Source: Supplied U.S. Code snapshot — release unconfirmed · 21 U.S.C. § 301
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Federal law — U.S. Code and appendices · legal_authorities
Whenever any carcass, part of a carcass, meat or meat food product of cattle, sheep, swine, goats, horses, mules, or other equines, or any product exempted from the definition of a meat food product, or any dead, dying, disabled, or diseased cattle, sheep, swine, goat, or equine is found by any authorized representative of the Secretary upon any premises where it is held for purposes of, or during or after distribution in, commerce or otherwise subject to subchapter I or II of this chapter, and there is reason to believe that any such article is adulterated or misbranded and is capable of use as human food, or that it has not been inspected, in violation of the provisions of subchapter I of this chapter or of any other Federal law or the laws of any State or Territory, or the District of Columbia, or that such article or animal has been or is intended to be, distributed in violation of any such provisions, it may be detained by such representative for a period not to exceed twenty days, pending action under [section 673 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title21-section673&num=0&edition=prelim) 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.
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Federal law — U.S. Code and appendices · legal_authorities
Page 30
TITLE 21—FOOD AND DRUGS
§ 301
Sec.
398.
Notices to States regarding imported food.
399.
Grants to enhance food safety.
399a.
Office of the Chief Scientist.
399b.
Office of Women’s Health.
399c.
Improving the training of State, local, terri-
torial, and tribal food safety officials.
399d.
Employee protections.
399e.
Nanotechnology.
399f.
Ensuring
adequate
information
regarding
pharmaceuticals for all populations, par-
ticularly underrepresented subpopulations,
including racial subgroups.
399g.
Food and Drug Administration Intercenter
Institutes.
399h.
National Centers of Excellence in Advanced
and Continuous Pharmaceutical Manufac-
turing.
399i.
Food and Drug Administration Working Cap-
ital Fund.
SUBCHAPTER I—SHORT TITLE
§ 301. Short title
This chapter may be cited as the Federal
Food, Drug, and Cosmetic Act.
(June 25, 1938, ch. 675, § 1, 52 Stat. 1040.)
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE; POSTPONEMENT IN CERTAIN CASES
Act June 23, 1939, ch. 242, §§ 1, 2, 53 Stat. 853, 854, pro-
vided that:
‘‘[SEC. 1] (a) The effective date of the following provi-
sions of the Federal Food, Drug, and Cosmetic Act is
hereby postponed until January 1, 1940: Sections 402(c)
[342(c) of this title]; 403(e)(1) [343(e)(1) of this title];
403(g), (h), (i), (j), and (k) [343(g) to (k) of this title];
501(a), (4) [351(a)(4) of this title]; 502(b), (d), (e), (f), (g),
and (h) [352(b), (d) to (h) of this title]; 601(e) [361(e) of
this title]; and 602(b) [362(b) of this title].
‘‘(b) The Secretary of Agriculture shall promulgate
regulations further postponing to July 1, 1940[,] the ef-
fective date of the provisions of sections 403(e)(1)
[343(e)(1) of this title]; 403(g), (h), (i), (j), and (k) [343(g)
to (k)]; 502(b), (d), (
Source: Supplied 2024 U.S. Code historical extraction · 21 U.S.C. § 301
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Law determinative of exemption** Meats and meat food products shall be exempt from the provisions of this chapter to the extent of the application or the extension thereto of the Meat Inspection Act, approved March 4, 1907, as amended [[21 U.S.C. 601](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title21-section601&num=0&edition=prelim) et seq.].
**(b) Laws unaffected** Nothing contained in this chapter shall be construed as in any way affecting, modifying, repealing, or superseding the provisions of section 351 of Public Health Service Act [[42 U.S.C. 262](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section262&num=0&edition=prelim)] (relating to viruses, serums, toxins, and analogous products applicable to man); the virus, serum, toxin, and analogous products provisions, applicable to domestic animals, of the Act of Congress approved March 4, 1913 (37 Stat. 832–833) [[21 U.S.C. 151](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title21-section151&num=0&edition=prelim) et seq.]; the Filled Cheese Act of June 6, 1896 (U.S.C., 1934 ed., title 26, ch. 10), the Filled Milk Act of March 4, 1923 [[21 U.S.C. 61](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title21-section61&num=0&edition=prelim) et seq.]; or the Import Milk Act of February 15, 1927 [[21 U.S.C. 141](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title21-section141&num=0&edition=prelim) et seq.].
Source: Supplied U.S. Code snapshot — release unconfirmed · 21 U.S.C. § 392
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Federal law — U.S. Code and appendices · legal_authorities
Page 700
TITLE 21—FOOD AND DRUGS
§ 391
(D) Communications.
(E) Leadership, management oversight,
and administrative services.
(F) Related overhead activities.
(5) The numbers of applications, categorized
by class of tobacco product and review path-
way under sections 387e, 387j, and 387k of this
title, that were—
(A) submitted;
(B) pending;
(C) accepted;
(D) refused to file;
(E) withdrawn;
(F) denied;
(G) authorized for marketing under an
order;
(H) issued a deficiency letter or environ-
mental information request letter; or
(I) referred to the Tobacco Products Sci-
entific Advisory Committee.
(6) The number and titles of draft and final
guidance documents and proposed and final
regulations issued on topics related to the
process for the review of tobacco product ap-
plications, whether such regulations and guid-
ance documents were issued as required by
statute or by other legal or regulatory re-
quirements, and whether the issuance met the
deadlines set forth by the applicable statute or
other requirements.
(7) The number and titles of public meetings
related to the review of tobacco product appli-
cations by the Center for Tobacco Products or
other offices or centers within the Food and
Drug Administration.
(8) The number of pre-submission meetings
relating to applications under section 387j of
this title, including the number of meeting re-
quests received, the number of meetings held,
and the median amount of time between when
such meeting requests were made and when
the requests were granted or denied.
(9) The number of full-time equivalent em-
ployees funded pursuant to fees collected
under section 387s of this title, including iden-
tification of the centers and offices within the
Food and Drug Administration in which such
posit
Source: Supplied 2024 U.S. Code historical extraction · 21 U.S.C. § 392
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Federal law — U.S. Code and appendices · legal_authorities
Page 766
TITLE 21—FOOD AND DRUGS
§ 678
1 So in original. Probably should be ‘‘requirements’’.
text, which related to immunity of witnesses, were re-
pealed by sections 211 and 242, respectively, of Pub. L.
91–452, Oct. 15, 1970, title II, 84 Stat. 929, 930. For provi-
sions relating to immunity of witnesses, see section
6001 et seq. of Title 18, Crimes and Criminal Procedure.
§ 678. Non-Federal jurisdiction of federally regu-
lated matters; prohibition of additional or
different requirements for establishments
with inspection services and as to marking,
labeling, packaging, and ingredients; record-
keeping and related requirements; concur-
rent jurisdiction over distribution for human
food purposes of adulterated or misbranded
and imported articles; other matters
Requirements within the scope of this chapter
with respect to premises, facilities and oper-
ations of any establishment at which inspection
is provided under subchapter I of this chapter,
which are in addition to, or different than those
made under this chapter may not be imposed by
any State or Territory or the District of Colum-
bia, except that any such jurisdiction may im-
pose recordkeeping and other requirements
within the scope of section 642 of this title, if
consistent therewith, with respect to any such
establishment. Marking, labeling, packaging, or
ingredient requirements in addition to, or dif-
ferent than, those made under this chapter may
not be imposed by any State or Territory or the
District of Columbia with respect to articles
prepared at any establishment under inspection
in accordance with the requirements under sub-
chapter I of this chapter, but any State or Terri-
tory or the District of Columbia may, consistent
with the requirements under this chapter, exer-
cis
Source: Supplied 2024 U.S. Code historical extraction · 21 U.S.C. § 679
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