21 U.S.C. § 606 — Inspection and labeling of meat food prod-

Page 747 TITLE 21—FOOD AND DRUGS § 606 1 See References in Text note below. 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. § 605. Examination of carcasses brought into slaughtering or packing establishments, and of meat food products issued from and re- turned thereto; conditions for entry The foregoing provisions shall apply to all car- casses or parts of carcasses of amenable species or the meat or meat products thereof which may be brought into any slaughtering, meat-canning, salting, packing, rendering, or similar establish- ment, and such examination and inspection shall be had before the said carcasses or parts thereof shall be allowed to enter into any de- partment wherein the same are to be treated and prepared for meat food products; and the foregoing provisions shall also apply to all such products, which, after having been issued from any slaughtering, meat-canning, salting, pack- ing, rendering, or similar establishment, shall be returned to the same or to any similar estab- lishment where such inspection is maintained. The Secretary may limit the entry of carcasses, parts of carcasses, meat and meat food products, and other materials into any establishment at which inspection under this subchapter is main- tained, under such conditions as he may pre- scribe to assure that allowing the entry of such articles into such inspected establishments will be consistent with the purposes of this chapter. (Mar. 4, 1907, ch. 2907, title I, § 5, formerly 3rd par., 34 Stat. 1261; renumbered § 5 and amended Pub. L. 90–201, §§ 1, 5, 12(a), 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 73 of this title. AMENDMENTS 2005—Pub. L. 109–97 substituted ‘‘amenable species’’ for ‘‘cattle, sheep, swine, goats, horses, mules, and other equines’’. 1967—Pub. L. 90–201, §§ 5, 12(a), limited entry of arti- cles into establishments under such prescribed condi- tions as would be consistent with the purpose of this chapter and included horses, mules, and other equines in the list of animals, 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 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. § 606. Inspection and labeling of meat food prod- ucts (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 establish- ment, and for the purposes of any examination and inspection and inspectors shall have access at all times, by day or night, whether the estab- lishment 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 adul- terated; 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 de- stroyed for food purposes, as hereinbefore pro- vided, and the Secretary may remove inspectors from any establishment which fails to so de- stroy such condemned meat food products: Pro- vided, 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 ar- ticle 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 ex- empt said article from the operation of all the other provisions of this chapter.1 (b) Certain fish In the case of an examination and inspection under subsection (a) of a meat food product de- rived from any fish described in section 601(w)(2) of this title, the Secretary shall take into ac- count the conditions under which the fish is raised and transported to a processing establish- ment. (Mar. 4, 1907, ch. 2907, title I, § 6, as added 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; amended Pub. L. 113–79, title XII, § 12106(a)(2), Feb. 7, 2014, 128 Stat. 981.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in subsec. (a), probably should have been a reference to this Act in the original, meaning the Federal Meat Inspection Act, titles I to V of act Mar. 4, 1907, ch. 2907, as added Dec. 15, 1967, Pub. L. 90–201, 81 Stat. 584, which are classified generally to subchapters I to IV–A of this chapter. CODIFICATION Pub. L. 110–234 and Pub. L. 110–246 enacted identical sections and repealed former section 6 of act Mar. 4, 1907. Pub. L. 110–234 was repealed by section 4(a) of Pub. L. 110–246. 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