21 U.S.C. § 607 — Labeling, marking, and container require-

Page 748 TITLE 21—FOOD AND DRUGS § 607 PRIOR PROVISIONS A prior section 606, acts Mar. 4, 1907, ch. 2907, title I, § 6, formerly 4th par., 34 Stat. 1261; renumbered § 6 and amended Pub. L. 90–201, §§ 1, 3, 12(e), Dec. 15, 1967, 81 Stat. 584, 588, 592; Pub. L. 99–641, title IV, § 403(a), Nov. 10, 1986, 100 Stat. 3567, was formerly classified to section 74 of this title and was repealed by Pub.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. Prior to repeal, section read as fol- lows: ‘‘For the purposes hereinbefore set forth the Sec- retary 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, ren- dering, 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 con- demned’ 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 establish- ment 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 sec- tion 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 speci- fications 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 arti- cle 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 provi- sions of this chapter.’’ AMENDMENTS 2014—Subsec. (b). Pub. L. 113–79 added subsec. (b) and struck out former subsec. (b). Prior to amendment, text read as follows: ‘‘In the case of an examination and in- spection under subsection (a) of a meat food product de- rived from catfish, the Secretary shall take into ac- count the conditions under which the catfish is raised and transported to a processing establishment.’’ Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2014 AMENDMENT Amendment by Pub. L. 113–79 effective as if enacted as part of section 11016(b) of Pub. L. 110–246, see section 12106(c) of Pub. L. 113–79, set out as a note under section 601 of this title. EFFECTIVE DATE Enactment of this section and repeal of former sec- tion 6 of act Mar. 4, 1907, and Pub. L. 110–234 by Pub. L. 110–246 effective May 22, 2008, the date of enactment of Pub. L. 110–234, except as otherwise provided, see sec- tion 4 of Pub. L. 110–246, set out as a note under section 8701 of Title 7, Agriculture. § 607. Labeling, marking, and container require- ments (a) Labeling receptacles or coverings of meat or meat food products inspected and passed; su- pervision by inspectors When any meat or meat food product prepared for commerce which has been inspected as here- inbefore provided and marked ‘‘Inspected and passed’’ shall be placed or packed in any can, pot, tin, canvas, or other receptacle or covering in any establishment where inspection under the provisions of this chapter is maintained, the person, firm, or corporation preparing said prod- uct shall cause a label to be attached to said can, pot, tin, canvas, or other receptacle or cov- ering, under the supervision of an inspector, which label shall state that the contents thereof have been ‘‘inspected and passed’’ under the pro- visions of this chapter; and no inspection and examination of meat or meat food products de- posited or inclosed in cans, tins, pots, canvas, or other receptacle or covering in any establish- ment where inspection under the provisions of this chapter is maintained shall be deemed to be complete until such meat or meat food products have been sealed or inclosed in said can, tin, pot, canvas, or other receptacle or covering under the supervision of an inspector. (b) Information on articles or containers; legible form All carcasses, parts of carcasses, meat and meat food products inspected at any establish- ment under the authority of this subchapter and found to be not adulterated, shall at the time they leave the establishment bear, in distinctly legible form, directly thereon or on their con- tainers, as the Secretary may require, the infor- mation required under paragraph (n) of section 601 of this title. (c) Labeling: type styles and sizes; definitions and standards of identity or composition; standards of fill of container; consistency of Federal and Federal-State standards The Secretary, whenever he determines such action is necessary for the protection of the pub- lic, may prescribe: (1) the styles and sizes of type to be used with respect to material re- quired to be incorporated in labeling to avoid false or misleading labeling in marketing and labeling any articles or animals subject to this subchapter or subchapter II of this chapter; (2) definitions and standards of identity or composi- tion for articles subject to this subchapter and standards of fill of container for such articles not inconsistent with any such standards estab- lished under the Federal Food, Drug, and Cos- metic Act [21 U.S.C. 301 et seq.], and there shall be consultation between the Secretary and the Secretary of Health and Human Services prior to the issuance of such standards under either Act relating to articles subject to this chapter to avoid inconsistency in such standards and possible impairment of the coordinated effective administration of these Acts. There shall also be consultation between the Secretary and an ap- propriate advisory committee provided for in section 661 of this title, prior to the issuance of such standards under this chapter, to avoid, in- sofar as feasible, inconsistency between Federal and State standards. (d) Sales under false or misleading name, other marking or labeling or in containers of mis- leading form or size; trade names, and other marking, labeling, and containers approved by Secretary No article subject to this subchapter shall be sold or offered for sale by any person, firm, or corporation, in commerce, under any name or Page 749 TITLE 21—FOOD AND DRUGS § 608 other marking or labeling which is false or mis- leading, or in any container of a misleading form or size, but established trade names and other marking and labeling and containers which are not false or misleading and which are approved by the Secretary are permitted. (e) Use withholding directive respecting false or misleading marking, labeling, or container; modification of false or misleading matter; hearing; withholding use pending pro- ceedings; finality of Secretary’s action; judi- cial review; application of section 194 of title 7 If the Secretary has reason to believe that any marking or labeling or the size or form of any container in use or proposed for use with respect to any article subject to this subchapter is false or misleading in any particular, he may direct that such use be withheld unless the marking, labeling, or container is modified in such man- ner as he may prescribe so that it will not be false or misleading. If the person, firm, or cor- poration using or proposing to use the marking, labeling or container does not accept the deter- mination of the Secretary, such person, firm, or corporation may request a hearing, but the use of the marking, labeling, or container shall, if the Secretary so directs, be withheld pending hearing and final determination by the Sec- retary. Any such determination by the Sec- retary shall be conclusive unless, within thirty days after receipt of notice of such final deter- mination, the person, firm, or corporation ad- versely affected thereby appeals to the United States court of appeals for the circuit in which such person, firm, or corporation has its prin- cipal place of business or to the United States Court of Appeals for the District of Columbia Circuit. The provisions of section 194 of title 7 shall be applicable to appeals taken under this section. (f) Lamb and mutton The Secretary, consistent with United States international obligations, shall establish stand- ards for the labeling of sheep carcasses, parts of sheep carcasses, sheepmeat, and sheepmeat food products. (Mar. 4, 1907, ch. 2907, title I, § 7, formerly 5th par., 34 Stat. 1262; renumbered § 7 and amended Pub. L. 90–201, §§ 1, 3(a), 6, Dec. 15, 1967, 81 Stat. 584, 588; Pub. L. 96–88, title V, § 509(b), Oct. 17, 1979, 93 Stat. 695; Pub. L. 104–127, title II, § 279, Apr. 4, 1996, 110 Stat. 979.) Editorial Notes REFERENCES IN TEXT The Federal Food, Drug, and Cosmetic Act, referred to in subsec. (c)(2), is act June 25, 1938, ch. 675, 52 Stat. 1040, which is classified generally to chapter 9 (§ 301 et seq.) of this title. For complete classification of this Act to the Code, see section 301 of this title and Tables. Either Act and these Acts, referred to in subsec. (c)(2), mean the Federal Meat Inspection Act and the Federal Food, Drug, and Cosmetic Act. The Federal Meat Inspection Act is titles I to V of act Mar. 4, 1907, ch. 2907, as added Pub. L. 90–201, Dec. 15, 1967, 81 Stat. 584, and Pub. L. 110–246, title XI, § 11015(a), June 18, 2008, 122 Stat. 2124, which are classified generally to sub- chapters I to IV–A (§ 601 et seq.) of this chapter. For complete classification of this Act to the Code, see Short Title note under section 601 of this title and Ta- bles. CODIFICATION Section was formerly classified to section 75 of this title. AMENDMENTS 1996—Subsec. (f). Pub. L. 104–127 added subsec. (f). 1967—Subsec. (a). Pub. L. 90–201, §§ 3(a), 6(a), (b), struck out ‘‘interstate or foreign’’ before ‘‘commerce’’ and provisions prohibiting sales of meat or meat food products in interstate or foreign commerce under any false or deceptive names and permitting trade names or names which are usual to such products and are not false and deceptive and are approved by the Secretary of Agriculture, now incorporated in subsec. (d), and des- ignated remaining provisions as subsecs. (a), respec- tively. Subsecs. (b) to (e). Pub. L. 90–201, § 6(c), added subsecs. (b) to (e). Statutory Notes and Related Subsidiaries CHANGE OF NAME ‘‘Secretary of Health and Human Services’’ sub- stituted for ‘‘Secretary of Health, Education, and Wel- fare’’ in subsec. (c)(2) pursuant to section 509(b) of Pub. L. 96–88, which is classified to section 3508(b) of Title 20, Education. 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. § 608. Sanitary inspection and regulation of slaughtering and packing establishments; re- jection of adulterated meat or meat food products The Secretary shall cause to be made, by ex- perts in sanitation or by other competent in- spectors, such inspection of all slaughtering, meat canning, salting, packing, rendering, or similar establishments in which amenable spe- cies are slaughtered and the meat and meat food products thereof are prepared for commerce as may be necessary to inform himself concerning the sanitary conditions of the same, and to pre- scribe the rules and regulations of sanitation under which such establishments shall be main- tained; and where the sanitary conditions of any such establishment are such that the meat or meat food products are rendered adulterated, he shall refuse to allow said meat or meat food products to be labeled, marked, stamped or tagged as ‘‘inspected and passed.’’ (Mar. 4, 1907, ch. 2907, title I, § 8, formerly 6th par., 34 Stat. 1262; renumbered § 8 and amended Pub. L. 90–201, §§ 1, 3, 12(a), (f), Dec. 15, 1967, 81 Stat. 584, 588, 592; Pub. L. 109–97, title VII, § 798[(a)](1), Nov. 10, 2005, 119 Stat. 2166.) Editorial Notes CODIFICATION Section was formerly classified to section 76 of this title. AMENDMENTS 2005—Pub. L. 109–97 substituted ‘‘amenable species’’ for ‘‘cattle, sheep, swine, goats, horses, mules, and other equines’’.