21 U.S.C. § 677 — Other Federal laws applicable for adminis-

Page 765 TITLE 21—FOOD AND DRUGS § 677 1 See References in Text note below. § 674. Federal court jurisdiction of enforcement and injunction proceedings and other kinds of cases; limitations of section 607(e) of this title 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 607(e) of this title. (Mar. 4, 1907, ch. 2907, title IV, § 404, as added Pub. L. 90–201, § 16, Dec. 15, 1967, 81 Stat. 599.) § 675. Assaulting, resisting, or impeding certain persons; murder; protection of such persons Any person who forcibly assaults, resists, op- poses, impedes, intimidates, or interferes with any person while engaged in or on account of the performance of his official duties under this chapter shall be fined not more than $5,000 or imprisoned not more than three years, or both. Whoever, in the commission of any such acts, uses a deadly or dangerous weapon, shall be fined not more than $10,000 or imprisoned not more than ten years, or both. Whoever kills any person while engaged in or on account of the performance of his official duties under this chapter shall be punished as provided under sec- tions 1111 and 1114 of title 18. (Mar. 4, 1907, ch. 2907, title IV, § 405, as added Pub. L. 90–201, § 16, Dec. 15, 1967, 81 Stat. 599.) § 676. Violations (a) Misdemeanors; felonies: intent to defraud and distribution of adulterated articles; good faith Any person, firm, or corporation who violates any provision of this chapter for which no other criminal penalty is provided by this chapter shall upon conviction be subject to imprison- ment for not more than one year, or a fine of not more than $1,000, or both such imprisonment and fine; but if such violation involves intent to de- fraud, or any distribution or attempted distribu- tion of an article that is adulterated (except as defined in section 601(m)(8) of this title), such person, firm, or corporation shall be subject to imprisonment for not more than three years or a fine of not more than $10,000, or both: Provided, That no person, firm, or corporation, shall be subject to penalties under this section for re- ceiving for transportation any article or animal in violation of this chapter if such receipt was made in good faith, unless such person, firm, or corporation refuses to furnish on request of a representative of the Secretary the name and address of the person from whom he received such article or animal, and copies of all docu- ments, if any there be, pertaining to the deliv- ery of the article or animal to him. (b) Minor violations; written notice of warning of criminal and civil proceedings Nothing in this chapter shall be construed as requiring the Secretary to report for prosecu- tion or for the institution of libel or injunction proceedings, minor violations of this chapter whenever he believes that the public interest will be adequately served by a suitable written notice of warning. (Mar. 4, 1907, ch. 2907, title IV, § 406, as added Pub. L. 90–201, § 16, Dec. 15, 1967, 81 Stat. 599; amended Pub. L. 99–641, title IV, § 403(c), Nov. 10, 1986, 100 Stat. 3570.) Editorial Notes AMENDMENTS 1986—Subsec. (b). Pub. L. 99–641, § 403(c)(1), tempo- rarily inserted provisions which related to factors re- quired to be considered by Secretary in determining whether public interest is served by written notice of warning. See Effective and Termination Dates of 1986 Amendment note below. Subsec. (c). Pub. L. 99–641, § 403(c)(2), temporarily added subsec. (c). See Effective and Termination Dates of 1986 Amendment note below. Statutory Notes and Related Subsidiaries EFFECTIVE AND TERMINATION DATES OF 1986 AMENDMENT Pub. L. 99–641, title IV, § 403(c), Nov. 10, 1986, 100 Stat. 3570, provided that the amendment made by that sec- tion is effective only during the 6-year period beginning Nov. 10, 1986. CONSTRUCTION AND EFFECT OF AMENDMENTS BY PUB. L. 99–641 For provisions relating to construction and effect of temporary amendments by section 403 of Pub. L. 99–641, see sections 403(e) and 404 of Pub. L. 99–641, set out as notes entitled ‘‘Inspection Services for Establishments Not Participating in Total Plant Quality-Control Pro- gram’’ and ‘‘Savings Provision’’, respectively, under section 609 of this title. § 677. Other Federal laws applicable for adminis- tration and enforcement of chapter; location of inquiries; jurisdiction of Federal courts For the efficient administration and enforce- ment of this chapter, the provisions (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, firm, or corporation with respect to whom such authority is exercised. The Sec- retary, in person or by such agents as he may designate, may prosecute any inquiry necessary to his duties under this chapter 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 des- ignated in section 674 of this title. (Mar. 4, 1907, ch. 2907, title IV, § 407, as added Pub. L. 90–201, § 16, Dec. 15, 1967, 81 Stat. 599.) 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 Page 766 TITLE 21—FOOD AND DRUGS § 678 1 So in original. Probably should be ‘‘requirements’’. 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. § 678. 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 establishment at which inspection is provided under subchapter I of this chapter, 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 Colum- bia, except that any such jurisdiction may im- pose recordkeeping and other requirements within the scope of section 642 of this title, if consistent therewith, with respect to any such establishment. Marking, labeling, packaging, or ingredient requirements in addition to, or dif- ferent than, those made under this chapter may not be imposed by any State or Territory or the District of Columbia with respect to articles prepared at any establishment under inspection in accordance with the requirements under sub- chapter I of this chapter, but any State or Terri- tory or the District of Columbia may, consistent with the requirements under this chapter, exer- cise concurrent jurisdiction with the Secretary over articles required to be inspected under said subchapter I, for the purpose of preventing the distribution for human food purposes of any such articles which are adulterated or mis- branded and are outside of such an establish- ment, 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 Dis- trict of Columbia from making requirement 1 or taking other action, consistent with this chap- ter, with respect to any other matters regulated under this chapter. (Mar. 4, 1907, ch. 2907, title IV, § 408, as added Pub. L. 90–201, § 16, Dec. 15, 1967, 81 Stat. 600.) § 679. Application of Federal Food, Drug, and Cosmetic Act (a) Authorities under food, drug, and cosmetic provisions unaffected Notwithstanding any other provisions of law, including section 1002(b) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 392(a)), the provisions of this chapter shall not derogate from any authority conferred by the Federal Food, Drug, and Cosmetic Act [21 U.S.C. 301 et seq.] prior to December 15, 1967. (b) Enforcement proceedings; detainer authority of representatives of Secretary of Health and Human Services The detainer authority conferred by section 672 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 carcass, part thereof, meat, or meat food product of cat- tle, sheep, swine, goats, or equines that is out- side any premises at which inspection is being maintained under this chapter, and for such pur- poses the first reference to the Secretary in sec- tion 672 of this title shall be deemed to refer to the Secretary of Health and Human Services. (Mar. 4, 1907, ch. 2907, title IV, § 409, as added Pub. L. 90–201, § 16, Dec. 15, 1967, 81 Stat. 600; amended Pub. L. 96–88, title V, § 509(b), Oct. 17, 1979, 93 Stat. 695; Pub. L. 111–31, div. A, title I, § 103(o), June 22, 2009, 123 Stat. 1838.) Editorial Notes REFERENCES IN TEXT The Federal Food, Drug, and Cosmetic Act, referred to in subsec. (b), 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. AMENDMENTS 2009—Subsec. (a). Pub. L. 111–31 substituted ‘‘section 1002(b)’’ for ‘‘section 902(b)’’. 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 subsec. (b) pursuant to section 509(b) of Pub. L. 96–88, which is classified to section 3508(b) of Title 20, Education. § 679a. Safe Meat and Poultry Inspection Panel (a) Establishment There is established in the Department of Ag- riculture a permanent advisory panel to be known as the ‘‘Safe Meat and Poultry Inspection Panel’’ (referred to in this section as the ‘‘panel’’). (b) Duties (1) Review and evaluation The panel shall review and evaluate, as the panel considers necessary, the adequacy, ne- cessity, safety, cost-effectiveness, and sci- entific merit of— (A) inspection procedures of, and work rules and worker relations involving Federal employees employed in, plants inspected under this chapter; (B) informal petitions or proposals for changes in inspection procedures, processes, and techniques of plants inspected under this chapter; (C) formal changes in meat inspection reg- ulations promulgated under this chapter, whether in notice, proposed, or final form; and (D) such other matters as may be referred to the panel by the Secretary regarding the quality or effectiveness of a safe and cost-ef- fective meat inspection system under this chapter.