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21 U.S.C. § 609 — Examination of animals and food products thereof, slaughtered and prepared during nighttime
Federal law — U.S. Code and appendices · legal_authorities
The Secretary shall cause an examination and inspection of all amenable species, and the food products thereof, slaughtered and prepared in the establishments hereinbefore described for the purposes of commerce to be made during the nighttime as well as during the daytime when the slaughtering of said amenable species, or the preparation of said food products is conducted during the nighttime.
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Source file: Laws/federal/codes/united-states-code/title-21/section-609-examination-of-animals-and-food-products-thereof-slaughtered-and-prepare--64eff50462.md
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Source location: Title 21, Chapter 12, § 609; chapter-012-meat-inspection.md
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The Secretary shall cause an examination and inspection of all amenable species, and the food products thereof, slaughtered and prepared in the establishments hereinbefore described for the purposes of commerce to be made during the nighttime as well as during the daytime when the slaughtering of said amenable species, or the preparation of said food products is conducted during the nighttime.
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Federal law — U.S. Code and appendices · legal_authorities
**(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.11 See References in Text note below.
**(b) Certain fish** In the case of an examination and inspection under subsection (a) of a meat food product deri
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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
The Secretary shall appoint from time to time inspectors to make examination and inspection of all amenable species, inspection of which is hereby provided for and of all carcasses and parts thereof, and of all meats and meat food products thereof, and of the sanitary conditions of all establishments in which such meat and meat food products hereinbefore described are prepared; and said inspectors shall refuse to stamp, mark, tag, or label any carcass or any part thereof, or meat food product therefrom, prepared in any establishment hereinbefore mentioned, until the same shall have actually been inspected and found to be not adulterated; and shall perform such other duties as are provided by this chapter and by the rules and regulations to be prescribed by said Secretary; and said Secretary shall, from time to time, make such rules and regulations as are necessary for the efficient execution of the provisions of this chapter, and all inspections and examinations made under this chapter, shall be such and made in such manner as described in the rules and regulations prescribed by said Secretary not inconsistent with provisions of this chapter.
Source: Supplied U.S. Code snapshot — release unconfirmed · 21 U.S.C. § 621
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Federal law — U.S. Code and appendices · legal_authorities
The Secretary may (for such period, or indefinitely, as he deems necessary to effectuate the purposes of this chapter) refuse to provide, or withdraw, inspection service under subchapter I of this chapter with respect to any establishment if he determines, after opportunity for a hearing is accorded to the applicant for, or recipient of, such service, that such applicant or recipient is unfit to engage in any business requiring inspection under subchapter I because the applicant or recipient, or anyone responsibly connected with the applicant or recipient, has been convicted, in any Federal or State court, of (1) any felony, or (2) more than one violation of any law, other than a felony, based upon the acquiring, handling, or distributing of unwholesome, mislabeled, or deceptively packaged food or upon fraud in connection with transactions in food. This section shall not affect in any way other provisions of this chapter for withdrawal of inspection services under subchapter I from establishments failing to maintain sanitary conditions or to destroy condemned carcasses, parts, meat or meat food products.
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Misdemeanors; felonies: intent to defraud and distribution of adulterated articles; good faith** Any person, firm, or corporation who violates any provision of this chapter for which no other criminal penalty is provided by this chapter shall upon conviction be subject to imprisonment for not more than one year, or a fine of not more than $1,000, or both such imprisonment and fine; but if such violation involves intent to defraud, or any distribution or attempted distribution of an article that is adulterated (except as defined in [section 601(m)(8) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title21-section601/m/8&num=0&edition=prelim)), such person, firm, or corporation shall be subject to imprisonment for not more than three years or a fine of not more than $10,000, or both: Provided, That no person, firm, or corporation, shall be subject to penalties under this section for receiving for transportation any article or animal in violation of this chapter if such receipt was made in good faith, unless such person, firm, or corporation refuses to furnish on request of a representative of the Secretary the name and address of the person from whom he received such article or animal, and copies of all documents, if any there be, pertaining to the delivery of the article or animal to him.
**(b) Minor violations; written notice of warning of criminal and civil proceedings** Nothing in this chapter shall be construed as requiring the Secretary to report for prosecution or for the institution of libel or injunction proceedings, minor violations of this chapter whenever he believes that the public interest will be adequately served by a suitable written notice of warning.
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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
Source: Supplied U.S. Code snapshot — release unconfirmed · 21 U.S.C. § 71 to 92
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Federal law — U.S. Code and appendices · legal_authorities
Page 750
TITLE 21—FOOD AND DRUGS
§ 609
1967—Pub. L. 90–201, §§ 3, 12(a), (f), struck out ‘‘inter-
state or foreign’’ before ‘‘commerce’’ and ‘‘of Agri-
culture’’ after ‘‘Secretary’’, included horses, mules, and
other equines in the list of animals, and substituted
‘‘adulterated’’ for ‘‘unclean, unsound, unhealthful, un-
wholesome, or otherwise unfit for human food’’, respec-
tively.
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE OF 2005 AMENDMENT
Amendment by Pub. L. 109–97 effective the day after
120 days after Nov. 10, 2005, see section 798(b) of Pub. L.
109–97, set out as a note under section 601 of this title.
EFFECTIVE DATE OF 1967 AMENDMENT
Amendment by Pub. L. 90–201 effective Dec. 15, 1967,
except that with respect to equines (other than horses)
and their carcasses and parts thereof, meat, and meat
food products thereof, amendment effective upon expi-
ration of sixty days after Dec. 15, 1967, see section 20(b)
of Pub. L. 90–201, set out as an Effective Date note
under section 601 of this title.
§ 609. Examination of animals and food products
thereof, slaughtered and prepared during
nighttime
The Secretary shall cause an examination and
inspection of all amenable species, and the food
products thereof, slaughtered and prepared in
the establishments hereinbefore described for
the purposes of commerce to be made during the
nighttime as well as during the daytime when
the slaughtering of said amenable species, or the
preparation of said food products is conducted
during the nighttime.
(Mar. 4, 1907, ch. 2907, title I, § 9, formerly 7th
par., 34 Stat. 1262; renumbered § 9 and amended
Pub. L. 90–201, §§ 1, 3, 12(a), Dec. 15, 1967, 81 Stat.
584, 588, 592; Pub. L. 99–641, title IV, § 403(d)(1),
Nov. 10, 1986, 100 Stat. 3570; Pub. L
Source: Supplied 2024 U.S. Code historical extraction · 21 U.S.C. § 609
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