21 U.S.C. § 623 — Exemptions from inspection requirements

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 Page 758 TITLE 21—FOOD AND DRUGS § 624 for use, in the household of such owner, by him and members of his household and his nonpaying guests and employees; nor to the custom prepa- ration by any person, firm, or corporation of carcasses, parts thereof, meat or meat food products, derived from the slaughter by any per- son of cattle, sheep, swine, or goats of his own raising, or from game animals, delivered by the owner thereof for such custom preparation, and transportation in commerce of such custom pre- pared articles, exclusively for use in the house- hold of such owner, by him and members of his household and his nonpaying guests and employ- ees: Provided, That in cases where such person, firm, or corporation engages in such custom op- erations at an establishment at which inspec- tion under this subchapter is maintained, the Secretary may exempt from such inspection at such establishment any animals slaughtered or any meat or meat food products otherwise pre- pared on such custom basis: Provided further, That custom operations at any establishment shall be exempt from inspection requirements as provided by this section only if the establish- ment complies with regulations which the Sec- retary is hereby authorized to promulgate to as- sure that any carcasses, parts thereof, meat or meat food products wherever handled on a cus- tom basis, or any containers or packages con- taining such articles, are separated at all times from carcasses, parts thereof, meat or meat food products prepared for sale, and that all such ar- ticles prepared on a custom basis, or any con- tainers or packages containing such articles, are plainly marked ‘‘Not for Sale’’ immediately after being prepared and kept so identified until delivered to the owner and that the establish- ment conducting the custom operation is main- tained and operated in a sanitary manner. (b) Territorial exemption; refusal, withdrawal, or modification The Secretary may, under such sanitary con- ditions as he may by regulations prescribe, ex- empt from the inspection requirements of this subchapter the slaughter of animals, and the preparation of carcasses, parts thereof, meat and meat food products, by any person, firm, or corporation in any Territory not organized with a legislative body solely for distribution within such Territory when the Secretary determines that it is impracticable to provide such inspec- tion within the limits of funds appropriated for administration of this chapter and that such ex- emption will otherwise facilitate enforcement of this chapter. The Secretary may refuse, with- draw, or modify any exemption under this sub- section in his discretion whenever he determines such action is necessary to effectuate the pur- poses of this chapter. (c) Pizzas containing meat food products (1) Under such terms and conditions as the Secretary shall prescribe through rules and reg- ulations issued under section 624 of this title that may be necessary to ensure food safety and protect public health such as special handling procedures, the Secretary shall exempt pizzas containing a meat food product from the inspec- tion requirements of this chapter if— (A) the meat food product components of the pizzas have been prepared, inspected, and passed in a cured or cooked form as ready-to- eat in compliance with the requirements of this chapter; and (B) the pizzas are to be served in public or private nonprofit institutions. (2) The Secretary may withdraw or modify any exemption under this subsection whenever the Secretary determines such action is necessary to ensure food safety and to protect public health. The Secretary may reinstate or further modify any exemption withdrawn or modified under this subsection. (d) Adulteration and misbranding provisions ap- plicable to inspection-free articles The adulteration and misbranding provisions of this subchapter, other than the requirement of the inspection legend, shall apply to articles which are exempted from inspection or not re- quired to be inspected under this section. (Mar. 4, 1907, ch. 2907, title I, § 23, formerly 21st, 22nd pars., 34 Stat. 1265; June 29, 1938, ch. 810, 52 Stat. 1235; renumbered § 23 and amended Pub. L. 90–201, §§ 1, 11, Dec. 15, 1967, 81 Stat. 584, 591; Pub. L. 91–342, July 18, 1970, 84 Stat. 438; Pub. L. 102–237, title X, § 1016(a), Dec. 13, 1991, 105 Stat. 1902.) Editorial Notes CODIFICATION Section was formerly classified to sections 91 and 92 of this title. AMENDMENTS 1991—Subsecs. (c), (d). Pub. L. 102–237 added subsec. (c) and redesignated former subsec. (c) as (d). 1970—Subsec. (a). Pub. L. 91–342 changed proviso so as to permit custom slaughterers to conduct a separate inspected meat business, continued the exemption for owners to slaughter and process their own animals for their own use, authorized the Secretary to exempt cus- tom slaughtering and processing performed by an in- spected establishment, and required that custom slaughtered articles be clearly marked ‘‘not for sale’’. 1967—Pub. L. 90–201, § 11, substituted provisions for personal, custom, and territorial slaughtering exemp- tions and for application of adulteration and mis- branding provisions to inspection-free articles for farm- er definition and retail butcher and retail dealer ex- emption provisions. 1938—Act June 29, 1948, amended section generally. Statutory Notes and Related Subsidiaries 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(c) of Pub. L. 90–201, set out as an Effective Date note under section 601 of this title. REGULATIONS Secretary to issue final rules no later than Aug. 1, 1992, to implement exemption authorized by subsec. (c) of this section, see section 1016(c) of Pub. L. 102–237, set out as a note under section 464 of this title. § 624. Storage and handling regulations; viola- tions; exemption of establishments subject to non-Federal jurisdiction The Secretary may by regulations prescribe conditions under which carcasses, parts of car- casses, meat, and meat food products of cattle,