21 U.S.C. § 471 — Safe Meat and Poultry Inspection Panel

Page 736 TITLE 21—FOOD AND DRUGS § 467f 1 So in original. The word ‘‘the’’ probably should not appear. any official establishment in accordance with the requirements under this chapter, but any State or Territory or the District of Columbia may, consistent with the requirements under this chapter exercise concurrent jurisdiction with the Secretary over articles required to be inspected under this chapter for the purpose of preventing the distribution for human food pur- poses of any such articles which are adulterated or misbranded and are outside of such an estab- lishment, or, in the case of imported articles which are not at such an establishment, after their entry into the United States. This chapter shall not preclude any State or Territory or the District of Columbia from making requirement or taking other action, consistent with this chapter, with respect to any other matters regu- lated under this chapter. (Pub. L. 85–172, § 23, as added Pub. L. 90–492, § 17, Aug. 18, 1968, 82 Stat. 807.) § 467f. Federal Food, Drug, and Cosmetic Act ap- plications (a) Exemptions; authorities under food, drug, and cosmetic provisions unaffected Poultry and poultry products shall be exempt from the provisions of the Federal Food, Drug, and Cosmetic Act [21 U.S.C. 301 et seq.] to the extent of the application or extension thereto of the provisions of this chapter, except that the provisions of this chapter shall not derogate from any authority conferred by the Federal Food, Drug, and Cosmetic Act prior to August 18, 1968. (b) Enforcement proceedings; detainer authority of representatives of Secretary of Health and Human Services The detainer authority conferred by section 467a of this title shall apply to any authorized representative of the Secretary of Health and Human Services for purposes of the enforcement of the Federal Food, Drug, and Cosmetic Act [21 U.S.C. 301 et seq.] with respect to any poultry carcass, or part or product thereof, that is out- side any official establishment, and for such purposes the first reference to the Secretary in section 467a of this title shall be deemed to refer to the Secretary of Health and Human Services. (Pub. L. 85–172, § 24, as added Pub. L. 90–492, § 17, Aug. 18, 1968, 82 Stat. 807; amended Pub. L. 96–88, title V, § 509(b), Oct. 17, 1979, 93 Stat. 695.) Editorial Notes REFERENCES IN TEXT The Federal Food, Drug, and Cosmetic Act, referred to in text, 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. 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 par. (b) pursuant to section 509(b) of Pub. L. 96–88, which is classified to section 3508(b) of Title 20, Education. § 468. Cost of inspection; overtime The cost of inspection rendered under the re- quirements of this chapter, shall be borne by the United States, except the cost of overtime and holiday pay paid pursuant to the 1 section 2219a of title 7. (Pub. L. 85–172, § 25, formerly § 19, Aug. 28, 1957, 71 Stat. 448, renumbered Pub. L. 90–492, § 17, Aug. 18, 1968, 82 Stat. 805; Pub. L. 107–171, title X, § 10703(c)(1), May 13, 2002, 116 Stat. 517.) Editorial Notes REFERENCES IN TEXT Section 2219a of title 7, referred to in text, was in the original ‘‘section 10703 of the Farm Security and Rural Investment Act of 2002’’, meaning section 10703 of Pub. L. 107–171, which enacted section 2219a of Title 7, Agri- culture, amended this section, section 695 of this title, and section 5549 of Title 5, Government Organization and Employees, and repealed section 394 of Title 7. AMENDMENTS 2002—Pub. L. 107–171 substituted ‘‘except the cost of overtime and holiday pay paid pursuant to the section 2219a of title 7.’’ for ‘‘except that the cost of overtime and holiday work performed in establishments subject to the provisions of this chapter at such rates as the Secretary may determine shall be borne by such estab- lishments. Sums received by the Secretary in reim- bursement for sums paid out by him for such premium pay work shall be available without fiscal year limita- tion to carry out the purposes of this section.’’ § 469. Authorization of appropriations There is authorized to be appropriated such sums as are necessary to carry out the provi- sions of this chapter. (Pub. L. 85–172, § 26, formerly § 20, Aug. 28, 1957, 71 Stat. 449, renumbered Pub. L. 90–492, § 17, Aug. 18, 1968, 82 Stat. 805.) § 470. Omitted Editorial Notes CODIFICATION Section, Pub. L. 85–172, § 27, as added Pub. L. 90–492, § 17, Aug. 18, 1968, 82 Stat. 807; amended Pub. L. 103–437, § 8(1), Nov. 2, 1994, 108 Stat. 4588, which required the Secretary of Agriculture to report annually to the Committee on Agriculture of the House of Representa- tives and the Committee on Agriculture, Nutrition, and Forestry of the Senate on the slaughter of poultry and the processing and distribution of poultry parts and products, terminated, effective May 15, 2000, pursuant to section 3003 of Pub. L. 104–66, as amended, set out as a note under section 1113 of Title 31, Money and Fi- nance. See, also, page 46 of House Document No. 103–7. § 471. Safe Meat and Poultry Inspection Panel (a) Review and evaluation The advisory panel known as the ‘‘Safe Meat and Poultry Inspection Panel’’ established by section 679a of this title shall review and evalu- ate, as the panel considers necessary, the ade- quacy, necessity, safety, cost-effectiveness, and scientific merit of— (1) inspection procedures of, and work rules and worker relations involving Federal em- Page 737 TITLE 21—FOOD AND DRUGS § 472 ployees employed in, plants inspected under this chapter; (2) informal petitions or proposals for changes in inspection procedures, processes, and techniques of plants inspected under this chapter; (3) formal changes in poultry inspection reg- ulations promulgated under this chapter, whether in notice, proposed, or final form; and (4) such other matters as may be referred to the panel by the Secretary regarding the qual- ity or effectiveness of a safe and cost-effective poultry inspection system under this chapter. (b) Reports (1) In general The Safe Meat and Poultry Inspection Panel shall submit to the Secretary a report on the results of each review and evaluation carried out under paragraph (1), including such rec- ommendations as the panel considers appro- priate. (2) Reports on formal changes In the case of a report concerning a formal change in poultry inspection regulations, the report shall be made within the time limits prescribed for formal comments on such changes. (Pub. L. 85–172, § 30, as added Pub. L. 104–127, title IX, § 918(a)(2), Apr. 4, 1996, 110 Stat. 1190.) Statutory Notes and Related Subsidiaries USE OF APPROPRIATED FUNDS Pub. L. 113–235, div. A, title VII, § 741, Dec. 16, 2014, 128 Stat. 2170, provided that: ‘‘Hereafter, none of the funds appropriated by this or any other Act may be used to carry out section 410 of the Federal Meat Inspection Act (21 U.S.C. 679a) or section 30 of the Poultry Prod- ucts Inspection Act (21 U.S.C. 471).’’ § 472. Interstate shipment of poultry inspected by Federal and State agencies for certain small establishments (a) Definitions (1) Appropriate State agency The term ‘‘appropriate State agency’’ means a State agency described in section 454(a)(1) of this title. (2) Designated personnel The term ‘‘designated personnel’’ means in- spection personnel of a State agency that have undergone all necessary inspection training and certification to assist the Secretary in the administration and enforcement of this chap- ter, including rules and regulations issued under this chapter. (3) Eligible establishment The term ‘‘eligible establishment’’ means an establishment that is in compliance with— (A) the State inspection program of the State in which the establishment is located; and (B) this chapter, including rules and regu- lations issued under this chapter. (4) Poultry item The term ‘‘poultry item’’ means— (A) a portion of poultry; and (B) a poultry product. (5) Selected establishment The term ‘‘selected establishment’’ means an eligible establishment that is selected by the Secretary, in coordination with the appro- priate State agency of the State in which the eligible establishment is located, under sub- section (b) to ship poultry items in interstate commerce. (b) Authority of Secretary to allow shipments (1) In general Subject to paragraph (2), the Secretary, in coordination with the appropriate State agen- cy of the State in which an establishment is located, may select the establishment to ship poultry items in interstate commerce, and place on each poultry item shipped in inter- state commerce a Federal mark, stamp, tag, or label of inspection, if— (A) the poultry item qualifies for the Fed- eral mark, stamp, tag, or label of inspection under the requirements of this chapter; (B) the establishment is an eligible estab- lishment; and (C) inspection services for the establish- ment are provided by designated personnel. (2) Prohibited establishments In carrying out paragraph (1), the Secretary, in coordination with an appropriate State agency, shall not select an establishment that— (A) on average, employs more than 25 em- ployees (including supervisory and non- supervisory employees), as defined by the Secretary; (B) as of the date of the enactment of this section, ships in interstate commerce car- casses, portions of carcasses, or poultry items that are inspected by the Secretary in accordance with this chapter; (C)(i) is a Federal establishment; (ii) was a Federal establishment as of the date of the enactment of this section, and was reorganized on a later date under the same name or a different name or person by the person, firm, or corporation that con- trolled the establishment as of the date of the enactment of this section; or (iii) was a State establishment as of the date of the enactment of this section that— (I) as of the date of the enactment of this section, employed more than 25 employees; and (II) was reorganized on a later date by the person, firm, or corporation that con- trolled the establishment as of the date of the enactment of this section; (D) is in violation of this chapter; (E) is located in a State that does not have a State inspection program; or (F) is the subject of a transition carried out in accordance with a procedure devel- oped by the Secretary under paragraph (3)(A). (3) Establishments that employ more than 25 employees (A) Development of procedure The Secretary may develop a procedure to transition to a Federal establishment any