21 U.S.C. § 467e — Non-Federal jurisdiction of federally regu-

Page 735 TITLE 21—FOOD AND DRUGS § 467e 1 See References in Text note below. entry of the decree that such article is whole- some and not so adulterated; and (iii) is plainly marked ‘‘Not for Sale’’ on such article or its container. (B) The United States may not be held legally responsible for any article that is distributed under subparagraph (A) to a nonprofit, private entity or to a Federal, State, or local govern- ment entity, if such article— (i) was found after inspection under this chapter to be wholesome and not adulterated within the meaning of paragraphs (1) through (7) of section 453(g) of this title and a deter- mination was made at the time of the entry of the decree that such article was wholesome and not so adulterated; and (ii) was plainly marked ‘‘Not for Sale’’ on such article or its container. (C) The person from whom such article was seized and condemned may not be held legally responsible for such article, if such article— (i) was found after inspection under this chapter to be wholesome and not adulterated within the meaning of paragraphs (1) through (7) of section 453(g) of this title and a deter- mination was made at the time of entry of the decree that such article was wholesome and not so adulterated; and (ii) was plainly marked ‘‘Not for Sale’’ on such article or its container. (b) Condemnation or seizure under other provi- sions unaffected The provisions of this section shall in no way derogate from authority for condemnation or seizure conferred by other provisions of this chapter, or other laws. (Pub. L. 85–172, § 20, as added Pub. L. 90–492, § 17, Aug. 18, 1968, 82 Stat. 806; amended Pub. L. 101–205, § 2, Dec. 7, 1989, 103 Stat. 1830.) Editorial Notes AMENDMENTS 1989—Subsec. (a). Pub. L. 101–205 designated first sen- tence as par. (1) and redesignated cls. (1) to (3) as cls. (A) to (C), respectively, designated second sentence as par. (2) and inserted ‘‘(A) be distributed in accordance with paragraph (5), or (B)’’ after ‘‘entry of the decree,’’, designated third and fourth sentences as pars. (3) and (4), respectively, and added par. (5). § 467c. Federal court jurisdiction of enforcement and injunction proceedings and other kinds of cases; limitations; United States as plain- tiff; subpenas The United States district courts, the District Court of Guam, the District Court of the Virgin Islands, the highest court of American Samoa, and the United States courts of the other terri- tories, are vested with jurisdiction specifically to enforce, and to prevent and restrain viola- tions of, this chapter, and shall have jurisdic- tion in all other kinds of cases arising under this chapter, except as provided in section 457(d) or 467 of this title. All proceedings for the enforce- ment or to restrain violations of this chapter shall be by and in the name of the United States. Subpenas for witnesses who are required to attend a court of the United States, in any district, may run into any other district in any such proceeding. (Pub. L. 85–172, § 21, as added Pub. L. 90–492, § 17, Aug. 18, 1968, 82 Stat. 806.) § 467d. Administration and enforcement; applica- bility of penalty provisions; conduct of in- quiries; power and jurisdiction of courts For the efficient administration and enforce- ment of this chapter, the provision (including penalties) of sections 46, 48, 49 and 50 of title 15 (except paragraphs (c) through (h) of section 46 and the last paragraph of section 49 1 of title 15), and the provisions of section 409(l) 1 of title 47, are made applicable to the jurisdiction, powers, and duties of the Secretary in administering and enforcing the provisions of this chapter and to any person with respect to whom such authority is exercised. The Secretary, in person or by such agents as he may designate, may prosecute any inquiry necessary to his duties under this chap- ter in any part of the United States, and the powers conferred by said sections 49 and 50 of title 15 on the district courts of the United States may be exercised for the purposes of this chapter by any court designated in section 467c of this title. (Pub. L. 85–172, § 22, as added Pub. L. 90–492, § 17, Aug. 18, 1968, 82 Stat. 807.) Editorial Notes REFERENCES IN TEXT The last paragraph of section 49 of title 15, and the provisions of section 409(l) of title 47, referred to in text, which related to immunity of witnesses, were re- pealed by sections 211 and 242, respectively, of Pub. L. 91–452, Oct. 15, 1970, title II, 84 Stat. 929, 930. For provi- sions relating to immunity of witnesses, see section 6001 et seq. of Title 18, Crimes and Criminal Procedure. § 467e. Non-Federal jurisdiction of federally regu- lated matters; prohibition of additional or different requirements for establishments with inspection services and as to marking, labeling, packaging, and ingredients; record- keeping and related requirements; concur- rent jurisdiction over distribution for human food purposes of adulterated or misbranded and imported articles; other matters Requirements within the scope of this chapter with respect to premises, facilities and oper- ations of any official establishment which are in addition to, or different than those made under this chapter may not be imposed by any State or Territory or the District of Columbia, except that any such jurisdiction may impose record- keeping and other requirements within the scope of paragraph (b) of section 460 of this title, if consistent therewith, with respect to any such establishment. Marking, labeling, packaging, or ingredient requirements (or storage or handling requirements found by the Secretary to unduly interfere with the free flow of poultry products in commerce) in addition to, or different than, those made under this chapter may not be im- posed by any State or Territory or the District of Columbia with respect to articles prepared at 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-