21 U.S.C. § 619 — Marking, labeling, or other identification

Page 753 TITLE 21—FOOD AND DRUGS § 619 (Mar. 4, 1907, ch. 2907, title I, § 16, formerly 14th par., 34 Stat. 1263; renumbered § 16 and amended Pub. L. 90–201, §§ 1, 3(b), 12(a), Dec. 15, 1967, 81 Stat. 584, 588, 592.) Editorial Notes CODIFICATION Section was formerly classified to section 84 of this title. AMENDMENTS 1967—Pub. L. 90–201, §§ 3(b), 12(a), struck out ‘‘of Agri- culture’’ after ‘‘Secretary’’, and included horses, mules, or other equines in the list of animals. 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. § 617. Clearance prohibited to vessel carrying meat for export without inspector’s certifi- cate No clearance shall be given to any vessel hav- ing on board any fresh, salted, canned, corned, or packed beef, mutton, pork, goat or equine meat for export to and sale in a foreign country from any port in the United States, until the owner or shipper thereof shall obtain from an in- spector appointed under the provisions of this chapter a certificate that the said amenable spe- cies were sound and healthy at the time of in- spection, and that their meat is sound and wholesome, unless the Secretary shall have waived the requirements of such certificate for the country to which said amenable species or meats are to be exported. (Mar. 4, 1907, ch. 2907, title I, § 17, formerly 15th par., 34 Stat. 1263; renumbered § 17 and amended Pub. L. 90–201, §§ 1, 3(b), 12(a), (g), Dec. 15, 1967, 81 Stat. 584, 588, 592; Pub. L. 109–97, title VII, § 798[(a)](1), Nov. 10, 2005, 119 Stat. 2166.) Editorial Notes CODIFICATION Section was formerly classified to section 85 of this title. AMENDMENTS 2005—Pub. L. 109–97 substituted ‘‘amenable species’’ for ‘‘cattle, sheep, swine, goats, horses, mules, and other equines’’ in two places. 1967—Pub. L. 90–201, §§ 3(b), 12(a), (g), struck out ‘‘of Agriculture’’ after ‘‘Secretary’’, included horses, mules, and other equines in the list of animals, and sub- stituted ‘‘goat or equine meat’’ for ‘‘or goat meat, being the meat of animals killed after March 4, 1907, or except as hereinbefore provided’’, 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 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. § 618. Delivery of inspectors’ certificates, and of copies The inspectors provided for under this sub- chapter shall be authorized to give official cer- tificates of the condition of the carcasses and products of amenable species; and one copy of every certificate granted under the provisions of this chapter shall be filed in the Department of Agriculture, another copy shall be delivered to the owner or shipper, and when the amenable species, or their carcasses and products are sent abroad, a third copy shall be delivered to the chief officer of the vessel on which the shipment shall be made. (Mar. 4, 1907, ch. 2907, title I, § 18, formerly 16th par., 34 Stat. 1263; renumbered § 18 and amended Pub. L. 90–201, §§ 1, 12(a), (h), Dec. 15, 1967, 81 Stat. 584, 592; Pub. L. 107–171, title X, § 10418(b)(4), May 13, 2002, 116 Stat. 508; Pub. L. 109–97, title VII, § 798[(a)](1), Nov. 10, 2005, 119 Stat. 2166.) Editorial Notes CODIFICATION ‘‘Provided for under this subchapter’’ was in the original ‘‘provided for herein’’. Section was formerly classified to section 86 of this title. AMENDMENTS 2005—Pub. L. 109–97 substituted ‘‘amenable species’’ for ‘‘cattle, sheep, swine, goats, horses, mules, and other equines’’ in two places. 2002—Pub. L. 107–171 substituted ‘‘of the carcasses and products of cattle, sheep, swine, goats, horses, mules, and other equines’’ for ‘‘of the cattle, sheep, swine, goats, horses, mules, and other equines, their carcasses and products as described in this subchapter’’. 1967—Pub. L. 90–201, § 12(a), (h), included horses, mules, and other equines in the list of animals and struck out ‘‘sound and wholesome’’ before ‘‘condi- tions’’, 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 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. § 619. Marking, labeling, or other identification to show kinds of animals from which de- rived; separate establishments for prepara- tion and slaughtering activities No person, firm, or corporation shall sell, transport, offer for sale or transportation, or re- Page 754 TITLE 21—FOOD AND DRUGS § 620 ceive for transportation, in commerce, any car- casses of species designated by regulations in ef- fect on the day before November 10, 2005, or parts of such carcasses, or the meat or meat food products thereof, unless they are plainly and conspicuously marked or labeled or other- wise identified as required by regulations pre- scribed by the Secretary to show the kinds of animals from which they were derived. When re- quired by the Secretary, with respect to estab- lishments at which inspection is maintained under this subchapter, such animals and their carcasses, parts thereof, meat and meat food products shall be prepared in establishments separate from those in which other amenable species are slaughtered or their carcasses, parts thereof, meat or meat food products are pre- pared. (Mar. 4, 1907, ch. 2907, title I, § 19, formerly 17th par., 34 Stat. 1264; renumbered § 19 and amended Pub. L. 90–201, §§ 1, 9, Dec. 15, 1967, 81 Stat. 584, 590; Pub. L. 109–97, title VII, § 798[(a)](3), Nov. 10, 2005, 119 Stat. 2166.) Editorial Notes CODIFICATION Section was formerly classified to section 87 of this title. AMENDMENTS 2005—Pub. L. 109–97 substituted ‘‘species designated by regulations in effect on the day before November 10, 2005,’’ for ‘‘horses, mules, or other equines’’ and ‘‘other amenable species’’ for ‘‘cattle, sheep, swine, or goats’’. 1967—Pub. L. 90–201, § 9, substituted provisions for marking, labeling, or other identification of kinds of animals whence the articles are derived and for sepa- rate establishments for preparation and slaughtering activities for prohibition against transportation or sale of meat or meat food products without complying with inspection provisions. See section 610(b) of this title. 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 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. § 620. Imports (a) Adulteration or misbranding prohibition; compliance with inspection, building con- struction standards, and other provisions; humane methods of slaughter; treatment as domestic articles subject to this chapter and food, drug, and cosmetic provisions; marking and labeling; personal consumption exemp- tion No carcasses, parts of carcasses, meat or meat food products of cattle, sheep, swine, goats, horses, mules, or other equines which are capa- ble of use as human food, shall be imported into the United States if such articles are adulter- ated or misbranded and unless they comply with all the inspection, building, construction stand- ards, and all other provisions of this chapter and regulations issued thereunder applicable to such articles in commerce within the United States. No such carcasses, parts of carcasses, meat or meat food products shall be imported into the United States unless the livestock from which they were produced was slaughtered and handled in connection with slaughter in accordance with the Act of August 27, 1958 (72 Stat. 862; 7 U.S.C. 1901–1906). All such imported articles shall, upon entry into the United States, be deemed and treated as domestic articles subject to the other provisions of this chapter and the Federal Food, Drug, and Cosmetic Act [21 U.S.C. 301 et seq.]: Provided, That they shall be marked and labeled as required by such regulations for imported ar- ticles: Provided further, That nothing in this sec- tion shall apply to any individual who purchases meat or meat products outside the United States for his own consumption except that the total amount of such meat or meat products shall not exceed fifty pounds. (b) Terms and conditions for destruction The Secretary may prescribe the terms and conditions for the destruction of all such arti- cles which are imported contrary to this sec- tion, unless (1) they are exported by the con- signee within the time fixed therefor by the Sec- retary, or (2) in the case of articles which are not in compliance with the chapter solely be- cause of misbranding, such articles are brought into compliance with the chapter under super- vision of authorized representatives of the Sec- retary. (c) Payment of storage, cartage, and labor charges by owner or consignee; liens All charges for storage, cartage, and labor with respect to any article which is imported contrary to this section shall be paid by the owner or consignee, and in default of such pay- ment shall constitute a lien against such article and any other article thereafter imported under this chapter by or for such owner or consignee. (d) Prohibition The knowing importation of any article con- trary to this section is prohibited. (e) Omitted (f) Inspection and other standards; applicability, enforcement, etc.; certifications Notwithstanding any other provision of law, all carcasses, parts of carcasses, meat, and meat food products of cattle, sheep, swine, goats, horses, mules, or other equines, capable of use as human food, offered for importation into the United States shall be subject to the inspection, sanitary, quality, species verification, and res- idue standards applied to products produced in the United States. Any such imported meat arti- cles that do not meet such standards shall not be permitted entry in to the United States. The Secretary shall enforce this provision through (1) the imposition of random inspections for such species verification and for residues, and (2) random sampling and testing of internal organs and fat of the carcasses for residues at the point