21 U.S.C. § 1047 — Refusal or withdrawal of inspection serv-

Page 921 TITLE 21—FOOD AND DRUGS § 1047 (4) 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: Provided, That they shall be la- beled as required by such regulations for im- ported articles: Provided further, That nothing in this section shall apply to eggs or egg products purchased outside the United States by any indi- vidual for consumption by him and members of his household and his nonpaying guests and em- ployees. (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 solely because of misbranding, such articles are brought into compliance with this chapter under supervision of authorized rep- resentatives of the Secretary. (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 importation of any article contrary to this section is prohibited. (Pub. L. 91–597, § 17, Dec. 29, 1970, 84 Stat. 1630; Pub. L. 102–237, title X, § 1012(f), Dec. 13, 1991, 105 Stat. 1901.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in subsecs. (a) to (c), was in the original ‘‘this Act’’, meaning Pub. L. 91–597, Dec. 29, 1970, 84 Stat. 1620, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 1031 of this title and Tables. AMENDMENTS 1991—Subsec. (a). Pub. L. 102–237 designated first sen- tence as par. (1) and second sentence as par. (2), added par. (3), and designated third sentence as par. (4). Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1991 AMENDMENT Amendment by Pub. L. 102–237 effective 12 months after promulgation of final implementing regulations, see section 1012(h) of Pub. L. 102–237, set out as a note under section 1034 of this title. EFFECTIVE DATE For effective date of this section, see section 29 of Pub. L. 91–597, set out as a note under section 1031 of this title. § 1047. Refusal or withdrawal of inspection serv- ices; hearing; grounds; person deemed to have responsible connection with business; finality of order of Secretary; judicial review; other provisions for refusal of services unaf- fected The Secretary (for such period, or indefinitely, as he deems necessary to effectuate the purposes of this chapter) may refuse to provide or may withdraw inspection service under this chapter with respect to any plant if he determines, after opportunity for a hearing is accorded to the ap- plicant for, or recipient of, such service, that such applicant or recipient is unfit to engage in any business requiring inspection under this chapter because the applicant or recipient or anyone responsibly connected with the appli- cant or recipient has been convicted in any Fed- eral or State court, within the previous ten years, of (1) any felony or more than one mis- demeanor under any law based upon the acquir- ing, handling, or distributing of adulterated, mislabeled, or deceptively packaged food or fraud in connection with transactions in food, or (2) any felony, involving fraud, bribery, extor- tion, or any other act or circumstances indi- cating a lack of the integrity needed for the con- duct of operations affecting the public health. For the purpose of this section, a person shall be deemed to be responsibly connected with the business if he is a partner, officer, director, holder, or owner of 10 per centum or more of its voting stock, or employee in a managerial or ex- ecutive capacity. The determination and order of the Secretary with respect thereto under this section shall be final and conclusive unless the affected appli- cant for, or recipient of, inspection service files application for judicial review within thirty days after the effective date of such order in the United States court of appeals for the circuit in which such applicant or recipient has its prin- cipal place of business or in the United States Court of Appeals for the District of Columbia Circuit. Judicial review of any such order shall be upon the record upon which the determina- tion and order are based. The provisions of sec- tion 194 of title 7 shall be applicable to appeals taken under this section. This section shall not affect in any way other provisions of this chapter for refusal of inspec- tion services. (Pub. L. 91–597, § 18, Dec. 29, 1970, 84 Stat. 1630.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in text, was in the original ‘‘this Act’’, meaning Pub. L. 91–597, Dec. 29, 1970, 84 Stat. 1620, which is classified principally to this chap- ter. For complete classification of this Act to the Code, see Short Title note set out under section 1031 of this title and Tables. Statutory Notes and Related Subsidiaries EFFECTIVE DATE For effective date of this section, see section 29 of Pub. L. 91–597, set out as a note under section 1031 of this title. Page 922 TITLE 21—FOOD AND DRUGS § 1048 § 1048. Administrative detention of violative arti- cles; duration; release; removal of official marks Whenever any eggs or egg products subject to this chapter, are found by any authorized rep- resentative of the Secretary upon any premises and there is reason to believe that they are or have been processed, bought, sold, possessed, used, transported, or offered or received for sale or transportation in violation of this chapter or that they are in any other way in violation of this chapter, or whenever any restricted eggs ca- pable of use as human food are found by such a representative in the possession of any person not authorized to acquire such eggs under the regulations of the Secretary, such articles may be detained by such representative for a reason- able period but not to exceed twenty days, pend- ing action under section 1049 of this title or no- tification of any Federal, State, or other govern- mental authorities having jurisdiction over such articles and shall not be moved by any person from the place at which they are located when so detained until released by such representa- tive. All official marks may be required by such representative to be removed from such articles before they are released unless it appears to the satisfaction of the Secretary that the articles are eligible to retain such marks. (Pub. L. 91–597, § 19, Dec. 29, 1970, 84 Stat. 1631.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in text, was in the original ‘‘this Act’’, meaning Pub. L. 91–597, Dec. 29, 1970, 84 Stat. 1620, which is classified principally to this chap- ter. For complete classification of this Act to the Code, see Short Title note set out under section 1031 of this title and Tables. Statutory Notes and Related Subsidiaries EFFECTIVE DATE For effective date of this section, see section 29 of Pub. L. 91–597, set out as a note under section 1031 of this title. § 1049. Seizure and condemnation proceedings (a) Jurisdiction; disposal of condemned articles; court costs and fees; conformity to supple- mental rules for admiralty and maritime claims; jury trial; United States as plaintiff Any eggs or egg products that are or have been processed, bought, sold, possessed, used, trans- ported, or offered or received for sale or trans- portation, in violation of this chapter, or in any other way are in violation of this chapter; and any restricted eggs, capable of use as human food, in the possession of any person not author- ized to acquire such eggs under the regulations of the Secretary shall be liable to be proceeded against and seized and condemned, at any time, on a complaint in any United States district court or other proper court as provided in sec- tion 1050 of this title within the jurisdiction of which the articles are found. If the articles are condemned they shall, after entry of the decree, be disposed of by destruction or sale as the court may direct and the proceeds, if sold, less the court costs and fees, and storage and other prop- er expenses, shall be paid into the Treasury of the United States, but the articles shall not be sold contrary to the provision of this chapter, the Federal Food, Drug, and Cosmetic Act [21 U.S.C. 301 et seq.] or the Fair Packaging and La- beling Act [15 U.S.C. 1451 et seq.], or the laws of the jurisdiction in which they are sold: Provided, That upon the execution and delivery of a good and sufficient bond conditioned that the articles shall not be sold or otherwise disposed of con- trary to the provisions of this chapter, the Fed- eral Food, Drug, and Cosmetic Act, the Fair Packaging and Labeling Act, or the laws of the jurisdiction in which disposal is made, the court may direct that they be delivered to the owner thereof subject to such supervision by author- ized representatives of the Secretary as is nec- essary to insure compliance with the applicable laws. When a decree of condemnation is entered against the articles and they are released under bond, or destroyed, court costs and fees, and storage and other proper expenses shall be awarded against the person, if any, intervening as claimant thereof. The proceedings in such cases shall conform, as nearly as may be, to the supplemental rules for certain admiralty and maritime claims, except that either party may demand trial by jury of any issue of fact joined in any case, and all such proceedings shall be at the suit of and in the name of the United States. (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. 91–597, § 20, Dec. 29, 1970, 84 Stat. 1631.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in text, was in the original ‘‘this Act’’, meaning Pub. L. 91–597, Dec. 29, 1970, 84 Stat. 1620, which is classified principally to this chap- ter. For complete classification of this Act to the Code, see Short Title note set out under section 1031 of this title and Tables. The Federal Food, Drug, and Cosmetic Act, referred to in subsec. (a), 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. The Fair Packaging and Labeling Act, referred to in subsec. (a), is Pub. L. 89–755, Nov. 3, 1966, 80 Stat. 1296, which is classified generally to chapter 39 (§ 1451 et seq.) of Title 15, Commerce and Trade. For complete classi- fication of this Act to the Code, see Short Title note set out under section 1451 of Title 15 and Tables. The supplemental rules for certain admiralty and maritime claims, referred to in subsec. (a), were re- named the Supplemental Rules for Admiralty or Mari- time Claims and Asset Forfeiture Actions and are set out as part of the Federal Rules of Civil Procedure in the Appendix to Title 28, Judiciary and Judicial Proce- dure. Statutory Notes and Related Subsidiaries EFFECTIVE DATE For effective date of this section, see section 29 of Pub. L. 91–597, set out as a note under section 1031 of this title.