21 U.S.C. § 683 — Interstate shipment of meat inspected by

Page 768 TITLE 21—FOOD AND DRUGS § 679c (2) Authorization of appropriations There is authorized to be appropriated such sums as are necessary to carry out this section. (Pub. L. 107–171, title X, § 10808(a), May 13, 2002, 116 Stat. 530.) Editorial Notes CODIFICATION Section was enacted as part of the Farm Security and Rural Investment Act of 2002, and not as part of the Federal Meat Inspection Act which is classified to sub- chapters I to IV–A of this chapter. § 679c. Expansion of Food Safety Inspection Serv- ice activities (a) In general The Secretary of Agriculture may utilize ex- isting authorities to give high priority to en- hancing and expanding the capacity of the Food Safety Inspection Service to conduct activities to— (1) enhance the ability of the Service to in- spect and ensure the safety and wholesome- ness of meat and poultry products; (2) improve the capacity of the Service to in- spect international meat and meat products, poultry and poultry products, and egg prod- ucts at points of origin and at ports of entry; (3) strengthen the ability of the Service to collaborate with relevant agencies within the Department of Agriculture and with other en- tities in the Federal Government, the States, and Indian tribes (as defined in section 5304(e) of title 25) through the sharing of information and technology; and (4) otherwise expand the capacity of the Service to protect against the threat of bioter- rorism. (b) Authorization of appropriations There is authorized to be appropriated to carry out this section, $15,000,000 for fiscal year 2002, and such sums as may be necessary for each subsequent fiscal year. (Pub. L. 107–188, title III, § 332, June 12, 2002, 116 Stat. 679.) Editorial Notes CODIFICATION Section was enacted as part of the Public Health Se- curity and Bioterrorism Preparedness and Response Act of 2002, and not as part of the Federal Meat Inspec- tion Act which is classified to subchapters I to IV–A of this chapter. § 680. Authorization of appropriations There are hereby authorized to be appro- priated such sums as may be necessary to carry out the provisions of this chapter. (Mar. 4, 1907, ch. 2907, title IV, § 411, formerly § 410, as added Pub. L. 90–201, § 16, Dec. 15, 1967, 81 Stat. 600; renumbered § 411, Pub. L. 104–127, title IX, § 918(a)(1)(A), Apr. 4, 1996, 110 Stat. 1188.) SUBCHAPTER IV–A—INSPECTIONS BY FEDERAL AND STATE AGENCIES § 683. Interstate shipment of meat 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 661(b) 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) Meat item The term ‘‘meat item’’ means— (A) a portion of meat; and (B) a meat food 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 carcasses, portions of car- casses, and meat items in interstate com- merce. (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 carcasses, portions of carcasses, and meat items in interstate commerce, and place on each carcass, portion of a carcass, and meat item shipped in interstate commerce a Federal mark, stamp, tag, or label of inspection, if— (A) the carcass, portion of carcass, or meat item qualifies for the 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- Page 769 TITLE 21—FOOD AND DRUGS § 683 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 meat items that are inspected by the Secretary in ac- cordance with this chapter; (C)(i) is a Federal establishment; (ii) was a Federal establishment that was reorganized on a later date under the same name or a different name or person by the person, firm, or corporation that controlled the establishment as of the date of the en- actment 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 establishment under this section that, on av- erage, consistently employs more than 25 employees. (B) Eligibility of certain establishments (i) In general A State establishment that employs more than 25 employees but less than 35 employees as of the date of the enactment of this section may be selected as a se- lected establishment under this sub- section. (ii) Procedures A State establishment shall be subject to the procedures established under subpara- graph (A) beginning on the date that is 3 years after the effective date described in subsection (j). (c) Reimbursement of State costs The Secretary shall reimburse a State for costs related to the inspection of selected estab- lishments in the State in accordance with Fed- eral requirements in an amount of not less than 60 percent of eligible State costs. (d) Coordination between Federal and State agencies (1) In general The Secretary shall designate an employee of the Federal Government as State coordi- nator for each appropriate State agency— (A) to provide oversight and enforcement of this subchapter; and (B) to oversee the training and inspection activities of designated personnel of the State agency. (2) Supervision A State coordinator shall be under the direct supervision of the Secretary. (3) Duties of State coordinator (A) In general A State coordinator shall visit selected es- tablishments with a frequency that is appro- priate to ensure that selected establish- ments are operating in a manner that is con- sistent with this chapter (including regula- tions and policies under this chapter). (B) Quarterly reports A State coordinator shall, on a quarterly basis, submit to the Secretary a report that describes the status of each selected estab- lishment that is under the jurisdiction of the State coordinator with respect to the level of compliance of each selected establishment with the requirements of this chapter. (C) Immediate notification requirement If a State coordinator determines that any selected establishment that is under the ju- risdiction of the State coordinator is in vio- lation of any requirement of this chapter, the State coordinator shall— (i) immediately notify the Secretary of the violation; and (ii) deselect the selected establishment or suspend inspection at the selected es- tablishment. (4) Performance evaluations Performance evaluations of State coordina- tors designated under this subsection shall be conducted by the Secretary as part of the Fed- eral agency management control system. (e) Audits (1) Periodic audits conducted by Inspector General of the Department of Agriculture Not later than 2 years after the effective date described in subsection (j), and not less often than every 3 years thereafter, the In- spector General of the Department of Agri- culture shall conduct an audit of each activity taken by the Secretary under this section for the period covered by the audit to determine compliance with this section. (2) Audit conducted by Comptroller General of the United States Not earlier than 3 years, nor later than 5 years, after the date of the enactment of this section, the Comptroller General of the United States shall conduct an audit of the imple- mentation of this section to determine— (A) the effectiveness of the implementa- tion of this section; and (B) the number of selected establishments selected by the Secretary to ship carcasses, portions of carcasses, or meat items under this section. (f) Technical assistance division (1) Establishment Not later than 180 days after the effective date described in subsection (j), the Secretary Page 770 TITLE 21—FOOD AND DRUGS § 691 shall establish in the Food Safety and Inspec- tion Service of the Department of Agriculture a technical assistance division to coordinate the initiatives of any other appropriate agen- cy of the Department of Agriculture to pro- vide— (A) outreach, education, and training to very small or certain small establishments (as defined by the Secretary); and (B) grants to appropriate State agencies to provide outreach, technical assistance, edu- cation, and training to very small or certain small establishments (as defined by the Sec- retary). (2) Personnel The technical assistance division shall be comprised of individuals that, as determined by the Secretary— (A) are of a quantity sufficient to carry out the duties of the technical assistance di- vision; and (B) possess appropriate qualifications and expertise relating to the duties of the tech- nical assistance division. (g) Transition grants The Secretary may provide grants to appro- priate State agencies to assist the appropriate State agencies in helping establishments cov- ered by subchapter III to transition to selected establishments. (h) Violations Any selected establishment that the Secretary determines to be in violation of any requirement of this chapter shall be transitioned to a Federal establishment in accordance with a procedure developed by the Secretary under subsection (b)(3)(A). (i) Effect Nothing in this section limits the jurisdiction of the Secretary with respect to the regulation of meat and meat products under this chapter. (j) Effective date (1) In general This section takes effect on the date on which the Secretary, after providing a period of public comment (including through the con- duct of public meetings or hearings), promul- gates final regulations to carry out this sec- tion. (2) Requirement Not later than 18 months after the date of the enactment of this section, the Secretary shall promulgate final regulations in accord- ance with paragraph (1). (Mar. 4, 1907, ch. 2907, title V, § 501, as added Pub. L. 110–234, title XI, § 11015(a), May 22, 2008, 122 Stat. 1362, and Pub. L. 110–246, § 4(a), title XI, § 11015(a), June 18, 2008, 122 Stat. 1664, 2124.) Editorial Notes REFERENCES IN TEXT The date of the enactment of this section, referred to in subsecs. (b)(2)(B), (C)(ii), (iii), (3)(B)(i), (e)(2), and (j)(2), is the date of enactment of Pub. L. 110–246, which was approved June 18, 2008. Final regulations to carry out this section, referred to in subsec. (j)(1), were published in the Federal Reg- ister on May 2, 2011, eff. July 1, 2011; see 76 F.R. 24752. 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. Statutory Notes and Related Subsidiaries 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, see section 4 of Pub. L. 110–246, set out as a note under section 8701 of Title 7, Agriculture. SUBCHAPTER V—MISCELLANEOUS PROVISIONS § 691. Omitted Editorial Notes CODIFICATION Section, Pub. L. 90–201, § 17, Dec. 15, 1967, 81 Stat. 600; Pub. L. 103–437, § 8(3), Nov. 2, 1994, 108 Stat. 4588, which required the Secretary of Agriculture to report annu- ally to the Committee on Agriculture of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate on the slaughter of animals and the processing and distribution of car- casses 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 Finance. See, also, page 46 of House Document No. 103–7. § 692. Inspection extended to reindeer The provisions of the meat-inspection law may be extended to the inspection of reindeer. (June 30, 1914, ch. 131, 38 Stat. 420.) Editorial Notes CODIFICATION Section was enacted as part of the appropriation act cited as the credit to this section and not as part of the Federal Meat Inspection Act which is classified to sub- chapters I to IV–A of this chapter. Section was formerly classified to section 94 of this title. § 693. Inspection of dairy products for export The act of March 3, 1891, as amended, for the inspection of live cattle and products thereof, shall be deemed to include dairy products in- tended for exportation to any foreign country, and the Secretary of Agriculture may apply, under rules and regulations to be prescribed by him, the provisions of said act for inspection and certification appropriate for ascertaining the purity and quality of such products, and may cause the same to be so marked, stamped, or labeled as to secure their identity and make known in the markets of foreign countries to which they may be sent from the United States their purity, quality, and grade; and all the pro- visions of said act relating to live cattle and products thereof for export shall apply to dairy products so inspected and certified. (May 23, 1908, ch. 192, 35 Stat. 254.) Editorial Notes REFERENCES IN TEXT Act of March 3, 1891, referred to in text, is act Mar. 3, 1891, ch. 555, 26 Stat. 1089, which was superseded by