21 U.S.C. § 671 — Inspection services; refusal or withdrawal;

Page 763 TITLE 21—FOOD AND DRUGS § 672 period following Jan. 5, 1973, and advisory committees established after Jan. 5, 1973, to terminate not later than the expiration of the 2-year period beginning on the date of their establishment, unless in the case of a committee established by the President or an officer of the Federal Government, such committee is renewed by appropriate action prior to the expiration of such 2- year period, or in the case of a committee established by Congress, its duration is otherwise provided by law. See section 1013 of Title 5, Government Organization and Employees. SUBCHAPTER IV—AUXILIARY PROVISIONS § 671. Inspection services; refusal or withdrawal; hearing; business unfitness based upon cer- tain convictions; other provisions for with- drawal of services unaffected; responsible connection with business; finality of Sec- retary’s actions; judicial review; record The Secretary may (for such period, or indefi- nitely, 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 establish- ment if he determines, after opportunity for a hearing is accorded to the applicant for, or re- cipient of, such service, that such applicant or recipient is unfit to engage in any business re- quiring 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 ac- quiring, handling, or distributing of unwhole- some, 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 con- ditions 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 ex- ecutive capacity. The determination and order of the Secretary with respect thereto under this section shall be final and conclusive unless the affected appli- cant 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 674 of this title. Judicial review of any such order shall be upon the record upon which the deter- mination and order are based. (Mar. 4, 1907, ch. 2907, title IV, § 401, as added Pub. L. 90–201, § 16, Dec. 15, 1967, 81 Stat. 597; amended Pub. L. 99–641, title IV, § 403(b), Nov. 10, 1986, 100 Stat. 3568.) Editorial Notes AMENDMENTS 1986—Subsec. (a). Pub. L. 99–641, § 403(b)(1), (2)(B), (C), temporarily designated provisions which related to au- thority to refuse or withdraw inspection service as sub- sec. (a), struck out ‘‘any felony, or (2)’’ after ‘‘of (1)’’, and inserted ‘‘or (2) any felony’’ after ‘‘transactions in food’’. See Effective and Termination Dates of 1986 Amendment note below. Pub. L. 99–641, § 403(b)(2)(A), which directed that sub- sec. (a) be amended by substituting ‘‘applicant for’’ for ‘‘applicant, for’’, could not be executed because ‘‘appli- cant, for’’ does not appear. Subsecs. (b) to (e). Pub. L. 99–641, § 403(b)(6), tempo- rarily added subsecs. (b) to (e). See Effective and Ter- mination Dates of 1986 Amendment note below. Subsec. (f). Pub. L. 99–641, § 403(b)(3), temporarily des- ignated provisions which related to other provisions for withdrawal of inspection services as subsec. (f). See Ef- fective and Termination Dates of 1986 Amendment note below. Subsec. (g). Pub. L. 99–641, § 403(b)(4), temporarily des- ignated provisions which related to responsible connec- tion with business as subsec. (g). See Effective and Ter- mination Dates of 1986 Amendment note below. Subsec. (h). Pub. L. 99–641, § 403(b)(5), temporarily des- ignated provisions which related to finality of deter- mination by Secretary and to judicial review as subsec. (h), substituted ‘‘Except as provided in subsection (e)(2) of this section, the determination’’ for ‘‘The determina- tion’’ and ‘‘subsection (e) of this section’’ for ‘‘this sec- tion’’. See Effective and Termination Dates of 1986 Amendment note below. Statutory Notes and Related Subsidiaries EFFECTIVE AND TERMINATION DATES OF 1986 AMENDMENT Pub. L. 99–641, title IV, § 403(b), Nov. 10, 1986, 100 Stat. 3568, provided that the amendment made by that sec- tion is effective only during the 6-year period beginning Nov. 10, 1986. EFFECTIVE DATE Subchapter effective Dec. 15, 1967, see section 20 of Pub. L. 90–201, set out as a note under section 601 of this title. CONSTRUCTION AND EFFECT OF AMENDMENTS BY PUB. L. 99–641 For provisions relating to construction and effect of temporary amendments by section 403 of Pub. L. 99–641, see sections 403(e) and 404 of Pub. L. 99–641, set out as notes entitled ‘‘Inspection Services for Establishments Not Participating in Total Plant Quality-Control Pro- gram’’ and ‘‘Savings Provision’’, respectively, under section 609 of this title. § 672. Administrative detention; duration; pend- ing judicial proceedings; notification of gov- ernmental authorities; release Whenever any carcass, part of a carcass, meat or meat food product of cattle, sheep, swine, goats, horses, mules, or other equines, or any product exempted from the definition of a meat food product, or any dead, dying, disabled, or diseased cattle, sheep, swine, goat, or equine is found by any authorized representative of the Secretary upon any premises where it is held for purposes of, or during or after distribution in, commerce or otherwise subject to subchapter I or II of this chapter, and there is reason to be- lieve that any such article is adulterated or mis- branded 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 in- tended to be, distributed in violation of any such provisions, it may be detained by such rep-