21 U.S.C. § 679a — Safe Meat and Poultry Inspection Panel

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. Page 767 TITLE 21—FOOD AND DRUGS § 679b (2) Reports (A) In general The panel shall submit to the Secretary a report on the results of each review and evaluation carried out under paragraph (1), including such recommendations as the panel considers appropriate. (B) Reports on formal changes In the case of a report concerning a formal change in meat inspection regulations, the report shall be made within the time limits prescribed for formal comments on such changes. (C) Publication in Federal Register Each report of the panel to the Secretary shall be published in the Federal Register. (c) Secretarial response Not later than 90 days after the publication of a panel report under subsection (b)(2)(C), the Secretary shall publish in the Federal Register any response required of the Secretary to the re- port. (d) Composition of panel The panel shall be composed of 7 members, not fewer than 5 of whom shall be from the food science, meat science, or poultry science profes- sion, appointed to staggered terms not to exceed 3 years by the Secretary from nominations re- ceived from the National Institutes of Health and the Federation of American Societies of Food Animal Science and based on the profes- sional qualifications of the nominees. (e) Nominations (1) Initial panel In constituting the initial panel, the Sec- retary shall solicit 6 nominees from the Na- tional Institutes of Health and 6 nominees from the Federation of American Societies of Food Animal Science for membership on the panel. (2) Vacancies Any subsequent vacancy on the panel shall be filled by the Secretary after soliciting 2 nominees from the National Institutes of Health and 2 nominees from the Federation of American Societies of Food Animal Science. (3) Requirements for nominees (A) In general Each nominee provided under paragraph (1) or (2) shall have a background in public health issues and a scientific expertise in food, meat, or poultry science or in veteri- nary science. (B) Submission of information The Secretary may require nominees to submit such information as the Secretary considers necessary prior to completing the selection process. (4) Additional nominees If any list of nominees provided under para- graph (1) or (2) is unsatisfactory to the Sec- retary, the Secretary may request the nomi- nating entities to submit an additional list of nominees. (f) Travel expenses While away from the home or regular place of business of a member of the panel in the per- formance of services for the panel, the member shall be allowed travel expenses, including per diem in lieu of subsistence, at the same rate as a person employed intermittently in the Gov- ernment service would be allowed under section 5703 of title 5. (g) Conflicts of interest The Secretary shall promulgate regulations regarding conflicts of interest with respect to the members of the panel. (h) Exemption Chapter 10 of title 5 and title XVIII of the Food and Agriculture Act of 1977 (7 U.S.C. 2281 et seq.) shall not apply to the panel. (i) Funding From funds available to the Secretary to carry out this chapter and the Poultry Products Inspection Act (21 U.S.C. 451 et seq.), the Sec- retary shall allocate such sums as may be nec- essary to carry out this section. (Mar. 4, 1907, ch. 2907, title IV, § 410, as added Pub. L. 104–127, title IX, § 918(a)(1)(B), Apr. 4, 1996, 110 Stat. 1188; amended Pub. L. 117–286, § 4(a)(161), Dec. 27, 2022, 136 Stat. 4323.) Editorial Notes REFERENCES IN TEXT The Food and Agriculture Act of 1977, referred to in subsec. (h), is Pub. L. 95–113, Sept. 29, 1977, 91 Stat. 913. Title XVIII of the Act is classified generally to chapter 55A (§ 2281 et seq.) of Title 7, Agriculture. For complete classification of this Act to the Code, see Short Title of 1977 Amendment note set out under section 1281 of Title 7 and Tables. The Poultry Products Inspection Act, referred to in subsec. (i), is Pub. L. 85–172, Aug. 28, 1957, 71 Stat. 441, which is classified generally to chapter 10 (§ 451 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 451 of this title and Tables. PRIOR PROVISIONS A prior section 410 of act Mar. 4, 1907, was renumbered section 411, and is classified to section 680 of this title. AMENDMENTS 2022—Subsec. (h). Pub. L. 117–286 substituted ‘‘Chap- ter 10 of title 5’’ for ‘‘The Federal Advisory Committee Act (5 U.S.C. App.)’’. Statutory Notes and Related Subsidiaries USE OF APPROPRIATED FUNDS For prohibition of use of funds appropriated by div. A of Pub. L. 113–235 or any other Act to carry out this section, see section 741 Pub. L. 113–235, set out as a note under section 471 of this title. § 679b. Pasteurization of meat and poultry (1) In general Effective beginning not later than 30 days after May 13, 2002, the Secretary of Agriculture shall conduct an education program regarding the availability and safety of processes and treatments that eliminate or substantially re- duce the level of pathogens on meat, meat food products, poultry, and poultry products.