21 U.S.C. § 467b — Seizure and condemnation

Page 734 TITLE 21—FOOD AND DRUGS § 467a Editorial Notes AMENDMENTS 1968—Par. (a). Pub. L. 90–492 substituted provisions authorizing the Secretary to refuse or withdraw inspec- tion services subsequent to a hearing determining that the applicant or recipient is unfit to engage in any business requiring inspection under this chapter based upon the specified considerations, for provisions grant- ing the Secretary exclusive jurisdiction within the scope of this chapter and exempting poultry and poul- try products from the provisions of the Federal Food, Drug, and Cosmetic Act, as amended, to the extent of the application or the extension thereof of the provi- sions of this chapter. Par. (b). Pub. L. 90–492 substituted provisions grant- ing a hearing, upon request by the applicant or recipi- ent, to determine the merits and validity of the with- drawal or refusal of inspection services and continuing such withdrawal or refusal in effect, unless otherwise ordered by the Secretary, for provisions authorizing the Secretary to cooperate with other branches of gov- ernment and with State agencies and to conduct exami- nations, investigations, and inspections through any officer or employee of a State commissioned by the Secretary for such purpose. Par. (c). Pub. L. 90–492 added par. (c). Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1968 AMENDMENT Amendment by Pub. L. 90–492 effective Aug. 18, 1968, see section 20 of Pub. L. 90–492, set out as a note under section 451 of this title. § 467a. Administrative detention; duration; pend- ing judicial proceedings; notification of gov- ernment authorities; release; removal of offi- cial marks Whenever any poultry product, or any product exempted from the definition of a poultry prod- uct, or any dead, dying, disabled, or diseased poultry is found by any authorized representa- tive of the Secretary upon any premises where it is held for purposes of, or during or after dis- tribution in, commerce or otherwise subject to 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 provi- sions of this chapter or of any other Federal law or the laws of any State or Territory, or the Dis- trict of Columbia, or that it has been or is in- tended to be, distributed in violation of any such provisions, it may be detained by such rep- resentative for a period not to exceed twenty days, pending action under section 467b of this title or notification of any Federal, State, or other governmental authorities having jurisdic- tion over such article or poultry, and shall not be moved by any person, 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 poultry before it is released unless it appears to the satisfaction of the Sec- retary that the article or poultry is eligible to retain such marks. (Pub. L. 85–172, § 19, as added Pub. L. 90–492, § 17, Aug. 18, 1968, 82 Stat. 805.) § 467b. Seizure and condemnation (a) Proceedings in rem; libel of information; ju- risdiction; disposal by destruction or sale; proceeds into the Treasury; sales restric- tions; bonds; court costs and fees, storage, and other expenses against claimants; jury trial; United States as plaintiff (1) Any poultry product, or any dead, dying, disabled, or diseased poultry, that is being transported in commerce or otherwise subject to this chapter, or is held for sale in the United States after such transportation, and that (A) is or has been processed, sold, transported, or oth- erwise distributed or offered or received for dis- tribution in violation of this chapter, or (B) is capable of use as human food and is adulterated or misbranded, or (C) in any other way is in vio- lation of this chapter, shall be liable to be pro- ceeded 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 467c of this title within the jurisdiction of which the article or poultry is found. (2) If the article or poultry is condemned it shall, after entry of the decree, (A) be distrib- uted 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 prop- er expenses, shall be paid into the Treasury of the United States, but the article or poultry shall not be sold contrary to the provisions of this chapter, or the laws of the jurisdiction in which it is sold: Provided, That upon the execu- tion and delivery of a good and sufficient bond conditioned that the article or poultry shall not be sold or otherwise disposed of contrary to the provisions of this chapter, or the laws of the ju- risdiction in which disposal is made, the court may direct that such article or poultry be deliv- ered to the owner thereof subject to such super- vision by authorized representatives of the Sec- retary as is necessary to insure compliance with the applicable laws. (3) When a decree of condemnation is entered against the article or poultry 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 poultry. (4) The proceedings in such libel cases shall conform, as nearly as may be, to the proceedings in admiralty, except that either party may de- mand trial by jury of 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 entry of the decree, be distributed without charge to nonprofit, private entities or to Fed- eral, State, or local government entities en- gaged in the distribution of food without charge to individuals, if such article— (i) is capable of use as a human food; (ii) has been inspected under this chapter and found to be wholesome and not to be adul- terated within the meaning of paragraphs (1) through (7) of section 453(g) of this title and a determination is made at the time of the Page 735 TITLE 21—FOOD AND DRUGS § 467e 1 See References in Text note below. entry of the decree that such article is whole- some and not so adulterated; and (iii) 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 govern- ment entity, if such article— (i) was found after inspection under this chapter to be wholesome and not adulterated within the meaning of paragraphs (1) through (7) of section 453(g) of this title and a deter- mination 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 chapter to be wholesome and not adulterated within the meaning of paragraphs (1) through (7) of section 453(g) of this title and a deter- mination was made at the time of 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) Condemnation or seizure under other provi- sions unaffected The provisions of this section shall in no way derogate from authority for condemnation or seizure conferred by other provisions of this chapter, or other laws. (Pub. L. 85–172, § 20, as added Pub. L. 90–492, § 17, Aug. 18, 1968, 82 Stat. 806; amended Pub. L. 101–205, § 2, Dec. 7, 1989, 103 Stat. 1830.) Editorial Notes AMENDMENTS 1989—Subsec. (a). Pub. L. 101–205 designated first sen- tence as par. (1) and redesignated cls. (1) to (3) as cls. (A) to (C), respectively, designated second sentence as par. (2) and inserted ‘‘(A) be distributed in accordance with paragraph (5), or (B)’’ after ‘‘entry of the decree,’’, designated third and fourth sentences as pars. (3) and (4), respectively, and added par. (5). § 467c. Federal court jurisdiction of enforcement and injunction proceedings and other kinds of cases; limitations; United States as plain- tiff; subpenas 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 terri- tories, are vested with jurisdiction specifically to enforce, and to prevent and restrain viola- tions of, this chapter, and shall have jurisdic- tion in all other kinds of cases arising under this chapter, except as provided in section 457(d) or 467 of this title. All proceedings for the enforce- ment or to restrain violations of this chapter shall be by and in the name of the United States. Subpenas for witnesses who are required to attend a court of the United States, in any district, may run into any other district in any such proceeding. (Pub. L. 85–172, § 21, as added Pub. L. 90–492, § 17, Aug. 18, 1968, 82 Stat. 806.) § 467d. Administration and enforcement; applica- bility of penalty provisions; conduct of in- quiries; power and jurisdiction of courts For the efficient administration and enforce- ment of this chapter, the provision (including penalties) of sections 46, 48, 49 and 50 of title 15 (except paragraphs (c) through (h) of section 46 and the last paragraph of section 49 1 of title 15), and the provisions of section 409(l) 1 of title 47, are made applicable to the jurisdiction, powers, and duties of the Secretary in administering and enforcing the provisions of this chapter and to any person 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 chap- ter in any part of the United States, and the powers conferred by said sections 49 and 50 of title 15 on the district courts of the United States may be exercised for the purposes of this chapter by any court designated in section 467c of this title. (Pub. L. 85–172, § 22, as added Pub. L. 90–492, § 17, Aug. 18, 1968, 82 Stat. 807.) Editorial Notes REFERENCES IN TEXT The last paragraph of section 49 of title 15, and the provisions of section 409(l) of title 47, referred to in 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. § 467e. 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 official establishment 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 Columbia, except that any such jurisdiction may impose record- keeping and other requirements within the scope of paragraph (b) of section 460 of this title, if consistent therewith, with respect to any such establishment. Marking, labeling, packaging, or ingredient requirements (or storage or handling requirements found by the Secretary to unduly interfere with the free flow of poultry products in commerce) in addition to, or different than, those made under this chapter may not be im- posed by any State or Territory or the District of Columbia with respect to articles prepared at