21 U.S.C. § 642 — Recordkeeping requirements

Page 759 TITLE 21—FOOD AND DRUGS § 642 sheep, swine, goats, horses, mules, or other equines, capable of use as human food, shall be stored or otherwise handled by any person, firm, or corporation engaged in the business of buy- ing, selling, freezing, storing, or transporting, in or for commerce, or importing, such articles, whenever the Secretary deems such action nec- essary to assure that such articles will not be adulterated or misbranded when delivered to the consumer. Violation of any such regulation is prohibited. However, such regulations shall not apply to the storage or handling of such articles at any retail store or other establishment in any State or organized Territory that would be sub- ject to this section only because of purchases in commerce, if the storage and handling of such articles at such establishment is regulated under the laws of the State or Territory in which such establishment is located, in a man- ner which the Secretary, after consultation with the appropriate advisory committee provided for in section 661 of this title, determines is ade- quate to effectuate the purposes of this section. (Mar. 4, 1907, ch. 2907, title I, § 24, as added Pub. L. 90–201, § 13, Dec. 15, 1967, 81 Stat. 593.) § 625. Inapplicability of certain requirements to catfish Notwithstanding any other provision of this chapter, the requirements of sections 603, 604, 605, 610(b), and 623 of this title shall not apply to any fish described in section 601(w)(2) of this title. (Mar. 4, 1907, ch. 2907, title I, § 25, as added Pub. L. 110–234, title XI, § 11016(b)(1)(C), May 22, 2008, 122 Stat. 1369, and Pub. L. 110–246, § 4(a), title XI, § 11016(b)(1)(C), June 18, 2008, 122 Stat. 1664, 2131; amended Pub. L. 113–79, title XII, § 12106(a)(3), Feb. 7, 2014, 128 Stat. 981.) Editorial Notes CODIFICATION Pub. L. 110–234 and Pub. L. 110–246 enacted identical sections. Pub. L. 110–234 was repealed by section 4(a) of Pub. L. 110–246. AMENDMENTS 2014—Pub. L. 113–79 substituted ‘‘not apply to any fish described in section 601(w)(2) of this title.’’ for ‘‘not apply to catfish.’’ 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 Pub. L. 110–234 by Pub. L. 110–246 effective May 22, 2008, the date of enactment of Pub. L. 110–234, except as other- wise provided, see section 4 of Pub. L. 110–246, set out as a note under section 8701 of Title 7, Agriculture. § 626. Purchase of tags, labels, stamps, and cer- tificates The Secretary of Agriculture is authorized to expend appropriations for meat inspection for the purchase of printed tags, labels, stamps, and certificates without regard to existing laws ap- plicable to public printing. (Sept. 21, 1944, ch. 412, title I, § 101(f), 58 Stat. 734.) Editorial Notes CODIFICATION Section was formerly classified to section 431 of Title 7, Agriculture, prior to editorial reclassification and re- numbering as this section. Section was enacted as part of the Department of Ag- riculture Organic Act of 1944, and not as part of the Federal Meat Inspection Act which is classified to sub- chapters I to IV–A of this chapter. Statutory Notes and Related Subsidiaries AUTHORIZATION OF APPROPRIATION Authorization of appropriation of sums necessary for the purposes of this section, see note under section 395 of Title 7, Agriculture. SUBCHAPTER II—MEAT PROCESSORS AND RELATED INDUSTRIES § 641. Prohibition of subchapter I inspection of articles not intended for use as human food; denaturation or other identification prior to distribution in commerce; inedible articles Inspection shall not be provided under sub- chapter I of this chapter at any establishment for the slaughter of cattle, sheep, swine, goats, horses, mules, or other equines, or the prepara- tion of any carcasses or parts or products of such animals, which are not intended for use as human food, but such articles shall, prior to their offer for sale or transportation in com- merce, unless naturally inedible by humans, be denatured or otherwise identified as prescribed by regulations of the Secretary to deter their use for human food. No person, firm, or corpora- tion shall buy, sell, transport, or offer for sale or transportation, or receive for transportation, in commerce, or import, any carcasses, parts thereof, meat or meat food products of any such animals, which are not intended for use as human food unless they are denatured or other- wise identified as required by the regulations of the Secretary or are naturally inedible by hu- mans. (Mar. 4, 1907, ch. 2907, title II, § 201, as added Pub. L. 90–201, § 14, Dec. 15, 1967, 81 Stat. 593.) Statutory Notes and Related Subsidiaries EFFECTIVE DATE Subchapter effective Dec. 15, 1967, see section 20 of Pub. L. 90–201, set out as a note under section 601 of this title. § 642. Recordkeeping requirements (a) Classes of persons bound; scope of disclosure; access to places of business; examination of records, facilities, and inventories; copies; samples The following classes of persons, firms, and corporations shall keep such records as will fully and correctly disclose all transactions in- volved in their businesses; and all persons, Page 760 TITLE 21—FOOD AND DRUGS § 643 firms, and corporations subject to such require- ments shall, at all reasonable times upon notice by a duly authorized representative of the Sec- retary, afford such representative access to their places of business and opportunity to ex- amine the facilities, inventory, and records thereof, to copy all such records, and to take reasonable samples of their inventory upon pay- ment of the fair market value therefor— (1) Any persons, firms, or corporations that engage, for commerce, in the business of slaughtering any cattle, sheep, swine, goats, horses, mules, or other equines, or preparing, freezing, packaging, or labeling any carcasses, or parts or products of carcasses, of any such animals, for use as human food or animal food; (2) Any persons, firms, or corporations that engage in the business of buying or selling (as meat brokers, wholesalers or otherwise), or transporting in commerce, or storing in or for commerce, or importing, any carcasses, or parts or products of carcasses, of any such ani- mals; (3) Any persons, firms, or corporations that engage in business, in or for commerce, as ren- derers, or engage in the business of buying, selling, or transporting, in commerce, or im- porting, any dead, dying, disabled, or diseased cattle, sheep, swine, goats, horses, mules, or other equines, or parts of the carcasses of any such animals that died otherwise than by slaughter. (b) Period of maintenance Any record required to be maintained by this section shall be maintained for such period of time as the Secretary may by regulations pre- scribe. (Mar. 4, 1907, ch. 2907, title II, § 202, as added Pub. L. 90–201, § 14, Dec. 15, 1967, 81 Stat. 593.) § 643. Registration of business, name of person, and trade names No person, firm, or corporation shall engage in business, in or for commerce, as a meat broker, renderer, or animal food manufacturer, or en- gage in business in commerce as a wholesaler of any carcasses, or parts or products of the car- casses, of any cattle, sheep, swine, goats, horses, mules, or other equines, whether intended for human food or other purposes, or engage in busi- ness as a public warehouseman storing any such articles in or for commerce, or engage in the business of buying, selling, or transporting in commerce, or importing, any dead, dying, dis- abled, or diseased animals of the specified kinds, or parts of the carcasses of any such animals that died otherwise than by slaughter, unless, when required by regulations of the Secretary, he has registered with the Secretary his name, and the address of each place of business at which, and all trade names under which, he con- ducts such business. (Mar. 4, 1907, ch. 2907, title II, § 203, as added Pub. L. 90–201, § 14, Dec. 15, 1967, 81 Stat. 594.) § 644. Regulation of transactions, transportation, or importation of 4–D animals to prevent use as human food No person, firm, or corporation engaged in the business of buying, selling, or transporting in commerce, or importing, dead, dying, disabled, or diseased animals, or any parts of the car- casses of any animals that died otherwise than by slaughter, shall buy, sell, transport, offer for sale or transportation, or receive for transpor- tation, in commerce, or import, any dead, dying, disabled, or diseased cattle, sheep, swine, goats, horses, mules or other equines, or parts of the carcasses of any such animals that died other- wise than by slaughter, unless such transaction, transportation or importation is made in ac- cordance with such regulations as the Secretary may prescribe to assure that such animals, or the unwholesome parts or products thereof, will be prevented from being used for human food purposes. (Mar. 4, 1907, ch. 2907, title II, § 204, as added Pub. L. 90–201, § 14, Dec. 15, 1967, 81 Stat. 594.) § 645. Federal provisions applicable to State or Territorial business transactions of a local nature and not subject to local authority The authority conferred on the Secretary by section 642, 643, or 644 of this title with respect to persons, firms, and corporations engaged in the specified kinds of business in or for com- merce may be exercised with respect to persons, firms, or corporations engaged, in any State or organized Territory, in such kinds of business but not in or for commerce, whenever the Sec- retary determines, after consultation with an appropriate advisory committee provided for in section 661 of this title, that the State or terri- tory does not have at least equal authority under its laws or such authority is not exercised in a manner to effectuate the purposes of this chapter including the State providing for the Secretary or his representative being afforded access to such places of business and the facili- ties, inventories, and records thereof, and the taking of reasonable samples, where he deter- mines necessary in carrying out his responsibil- ities under this chapter; and in such case the provisions of section 642, 643, or 644 of this title, respectively, shall apply to such persons, firms, and corporations to the same extent and in the same manner as if they were engaged in such business in or for commerce and the trans- actions involved were in commerce. (Mar. 4, 1907, ch. 2907, title II, § 205, as added Pub. L. 90–201, § 14, Dec. 15, 1967, 81 Stat. 594.) SUBCHAPTER III—FEDERAL AND STATE COOPERATION § 661. Federal and State cooperation (a) Congressional statement of policy It is the policy of the Congress to protect the consuming public from meat and meat food products that are adulterated or misbranded and to assist in efforts by State and other Govern- ment agencies to accomplish this objective. In furtherance of this policy— (1) Development and administration of State meat inspection program equal to sub- chapter I ante and post mortem inspection, reinspection, and sanitation requirements The Secretary is authorized, whenever he de- termines that it would effectuate the purposes