21 U.S.C. § 621 — Inspectors to make examinations provided

Page 756 TITLE 21—FOOD AND DRUGS § 621 are equivalent to United States requirements with re- gard to all inspection and building construction stand- ards, and all other provisions of this chapter and regu- lations issued under this chapter. ‘‘(B) Subject to subparagraph (C), the Secretary may treat as equivalent to a United States requirement a requirement described in subparagraph (A) if the ex- porting country provides the Secretary with scientific evidence or other information, in accordance with risk assessment methodologies agreed to by the Secretary and the exporting country, to demonstrate that the re- quirement or standard of the exporting country achieves the level of protection that the Secretary con- siders appropriate.’’ Subsec. (e)(2) to (7). Pub. L. 103–465, § 431(l)(2), (3), re- designated pars. (3) to (7) as (2) to (6), respectively, and struck out former par. (2) which read as follows: ‘‘A certification by the Secretary that, except as provided in paragraph (1), foreign plants that export carcasses or meat or meat products referred to in subsection (a) of this section have complied with requirements that are at least equal to all inspection and building construc- tion standards and all other provisions of this chapter and regulations issued under this chapter.’’ 1993—Subsec. (e). Pub. L. 103–182, § 361(f)(1), sub- stituted ‘‘not be limited to the following:’’ for ‘‘not be limited to—’’ in introductory provisions. Subsec. (e)(1) to (7). Pub. L. 103–182, § 361(f)(2)–(7), added pars. (1) and (2), struck out former par. (1), redes- ignated pars. (2) to (6) as (3) to (7), respectively, sub- stituted ‘‘The’’ for ‘‘the’’ at beginning of each par., sub- stituted period for semicolon at end of pars. (3) to (5), and substituted period for ‘‘; and’’ at end of par. (6). Prior to amendment, former par. (1) read as follows: ‘‘a certification by the Secretary that foreign plants ex- porting carcasses or meat or meat products referred to in subsection (a) of this section have complied with re- quirements at least equal to all the inspection, build- ing construction standards, and all other provisions of this chapter and regulations issued thereunder;’’. 1988—Subsec. (e)(6). Pub. L. 100–418, § 4604(b), added par. (6). Subsec. (h). Pub. L. 100–418, § 4604(a), added subsec. (h). 1985—Subsec. (f). Pub. L. 99–198, § 1702(a), struck out provision which had made this subsection effective six months after Dec. 22, 1981, and inserted provisions re- quiring that each foreign country from which meat ar- ticles are offered for importation into the United States obtain a certification issued by the Secretary stating that the country maintains a program using re- liable analytical methods to ensure compliance with the United States standards for residues in such meat articles, that no meat article be permitted entry into the United States from a country for which the Sec- retary has not issued such certification, that the Sec- retary periodically review such certifications and re- voke any certification if the Secretary determines that the country involved is not maintaining a program that uses reliable analytical methods to ensure compli- ance with United States standards for residues in such meat articles, and that the consideration of any appli- cation for a certification under this subsection and the review of any such certification, by the Secretary, in- clude the inspection of individual establishments to en- sure that the inspection program of the foreign country involved is meeting such United States standards. Subsec. (g). Pub. L. 99–198, § 1702(b), added subsec. (g). 1981—Subsec. (f). Pub. L. 97–98 added subsec. (f). 1978—Subsec. (a). Pub. L. 95–445 prohibited imports which do not comply with humane methods of slaugh- ter. 1967—Pub. L. 90–201, § 10, substituted imported arti- cles provisions for penalty provisions deeming offenses as misdemeanors and punishable by fine of $10,000 or imprisonment for two years or both. See section 676(a) of this title. 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 1994 AMENDMENT Amendment by Pub. L. 103–465 effective, except as otherwise provided, on the date of entry into force of the World Trade Organization Agreement with respect to the United States (Jan. 1, 1995), see section 451 of Pub. L. 103–465, set out as an Effective Date note under section 3601 of Title 19, Customs Duties. EFFECTIVE DATE OF 1981 AMENDMENT Amendment by Pub. L. 97–98 effective Dec. 22, 1981, see section 1801 of Pub. L. 97–98, set out as an Effective Date note under section 4301 of Title 7, Agriculture. EFFECTIVE DATE OF 1978 AMENDMENT Amendment by Pub. L. 95–445 effective one year after Oct. 10, 1978, and an additional eighteen-month period thereafter in hardship cases, see section 7 of Pub. L. 95–445, set out as a note under section 603 of this title. EFFECTIVE DATE OF 1967 AMENDMENT Amendment by Pub. L. 90–201 effective upon expira- tion of sixty days after Dec. 15, 1967, see section 20(a) of Pub. L. 90–201, set out as an Effective Date note under section 601 of this title. § 621. Inspectors to make examinations provided for; appointment; duties; regulations 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 pro- vided by this chapter and by the rules and regu- lations 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 in- consistent with provisions of this chapter. (Mar. 4, 1907, ch. 2907, title I, § 21, formerly 19th par., 34 Stat. 1264; renumbered § 21 and amended Pub. L. 90–201, §§ 1, 3(b), 12(a), (i), Dec. 15, 1967, 81 Stat. 584, 588, 592, 593; Pub. L. 99–641, title IV, § 403(d)(2), Nov. 10, 1986, 100 Stat. 3570; Pub. L. 109–97, title VII, § 798[(a)](1), Nov. 10, 2005, 119 Stat. 2166.) Editorial Notes CODIFICATION Section was formerly classified to section 89 of this title. Page 757 TITLE 21—FOOD AND DRUGS § 623 AMENDMENTS 2005—Pub. L. 109–97 substituted ‘‘amenable species’’ for ‘‘cattle, sheep, swine, goats, horses, mules, and other equines’’. 1986—Pub. L. 99–641 temporarily substituted ‘‘thereof, and of meat food products’’ for ‘‘and meat food prod- ucts’’, which substitution was made for the first such reference as the probable intent of Congress. See Effec- tive and Termination Dates of 1986 Amendment note below. 1967—Pub. L. 90–201, §§ 3(b), 12(a), (i), struck out ‘‘of Agriculture’’ after ‘‘Secretary’’ in four places, included horses, mules, and other equines in the list of animals, and substituted ‘‘not adulterated’’ for ‘‘sound, health- ful, wholesome, and fit for human food, and to contain no dyes, chemicals, preservatives, or ingredients which render such meat food product unsound, unhealthful, unwholesome, or unfit for human food; and to have been prepared under proper sanitary conditions, herein- before provided for’’, respectively. 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 AND TERMINATION DATES OF 1986 AMENDMENT Pub. L. 99–641, title IV, § 403(d)(2), Nov. 10, 1986, 100 Stat. 3570, provided that the amendment made by that section is effective only during the 6-year period begin- ning on Nov. 10, 1986. Amendment by Pub. L. 99–641 effective Nov. 10, 1986, except that this section as in effect immediately before Nov. 10, 1986, applies with respect to establishments until the Secretary of Agriculture first issues rules and regulations to implement the amendments made by section 403(a) of Pub. L. 99–641 to section 606 of this title, see section 408 of Pub. L. 99–641, set out as a note under section 609 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. 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. § 622. Bribery of or gifts to inspectors or other of- ficers and acceptance of gifts Any person, firm, or corporation, or any agent or employee of any person, firm, or corporation, who shall give, pay, or offer, directly or indi- rectly, to any inspector, deputy inspector, chief inspector, or any other officer or employee of the United States authorized to perform any of the duties prescribed by this chapter or by the rules and regulations of the Secretary any money or other thing of value, with intent to in- fluence said inspector, deputy inspector, chief inspector, or other officer or employee of the United States in the discharge of any duty pro- vided for in this chapter, shall be deemed guilty of a felony, and, upon conviction thereof, shall be punished by a fine not less than $5,000 nor more than $10,000 and by imprisonment not less than one year nor more than three years; and any inspector, deputy inspector, chief inspector, or other officer or employee of the United States authorized to perform any of the duties pre- scribed by this chapter who shall accept any money, gift, or other thing of value from any person, firm, or corporation, or officers, agents, or employees thereof, given with intent to influ- ence his official action, or who shall receive or accept from any person, firm, or corporation en- gaged in commerce any gift, money, or other thing of value, given with any purpose or intent whatsoever, shall be deemed guilty of a felony and shall, upon conviction thereof, be sum- marily discharged from office and shall be pun- ished by a fine not less than $1,000 nor more than $10,000 and by imprisonment not less than one year nor more than three years. (Mar. 4, 1907, ch. 2907, title I, § 22, formerly 20th par., 34 Stat. 1264; renumbered § 22 and amended Pub. L. 90–201, §§ 1, 3, Dec. 15, 1967, 81 Stat. 584, 588.) Editorial Notes CODIFICATION Section was formerly classified to section 90 of this title. AMENDMENTS 1967—Pub. L. 90–201, § 3, struck out ‘‘interstate or for- eign’’ before ‘‘commerce’’ and ‘‘of Agriculture’’ after ‘‘Secretary’’. Statutory Notes and Related Subsidiaries 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. § 623. Exemptions from inspection requirements (a) Personal slaughtering and custom slaugh- tering for personal, household, guest, and employee uses The provisions of this subchapter requiring in- spection of the slaughter of animals and the preparation of the carcasses, parts thereof, meat and meat food products at establishments con- ducting such operations for commerce shall not apply to the slaughtering by any person of ani- mals of his own raising, and the preparation by him and transportation in commerce of the car- casses, parts thereof, meat and meat food prod- ucts of such animals exclusively for use by him and members of his household and his nonpaying guests and employees; nor to the custom slaugh- ter by any person, firm, or corporation of cattle, sheep, swine or goats delivered by the owner thereof for such slaughter, and the preparation by such slaughterer and transportation in com- merce of the carcasses, parts thereof, meat and meat food products of such animals, exclusively