FEDERAL MEAT INSPECTION ACT [Public Law 90-201] [As

This table of contents is not part of the Act but is included for user convenience. The

numbers in brackets refer to the corresponding section number in title 21, United States

Code.

FEDERAL MEAT INSPECTION ACT

[Public Law 90-201]

[As Amended Through P.L. 117–286, Enacted December 27, 2022]

øCurrency: This publication is a compilation of the text of Public Law 90-201. It was

last amended by the public law listed in the As Amended Through note above and

below at the bottom of each page of the pdf version and reflects current law

through the date of the enactment of the public law listed at https://

www.govinfo.gov/app/collection/comps/¿

øNote: While this publication does not represent an official version of any Federal

statute, substantial efforts have been made to ensure the accuracy of its contents.

The official version of Federal law is found in the United States Statutes at Large

and in the United States Code. The legal effect to be given to the Statutes at

Large and the United States Code is established by statute (1 U.S.C. 112, 204).¿

[The short title of this Act is the Federal Meat Inspection Act. The

Act was substantially amended by the Wholesome Meat Act

(Public Law 90–201; 81 Stat. 584), which, in general, designated

existing provisions for meat inspection as the ‘‘Federal Meat In-

spection Act’’ and as title I of that Act, and added titles II, III,

and IV to that Act.]

TABLE OF CONTENTS

TITLE I—INSPECTION REQUIREMENTS; ADULTERATION AND

MISBRANDING

Sec.

1. ø601.¿ Definitions.

2. ø602.¿ Congressional statement of findings.

3. ø603.¿ Inspection of meat and meat food products.

4. ø604.¿ Post mortem examination of carcasses and marking or labeling; destruc-

tion of carcasses condemned; reinspection.

5. ø605.¿ Examination of carcasses brought into slaughtering or packing establish-

ments, and of meat food products issued from and returned thereto;

conditions for entry.

6. ø606.¿ Examination and inspection of meat food products.

7. ø607.¿ Labeling, marking, and container requirements.

8. ø608.¿ Sanitary inspection and regulation of slaughtering and packing establish-

ments; rejection of adulterated meat or meat food products.

9. ø609.¿ Examination of animals and food products thereof, slaughtered and pre-

pared during nighttime.

10. ø610.¿ Prohibited acts.

11. ø611.¿ Devices, marks, labels, and certificates; simulations.

12. ø612.¿ Notification.

13. ø613.¿ Plans and reassessments.

14. ø614.¿ Repealed.

15. ø615.¿ Inspection of carcasses, meat of which is intended for export.

16. ø616.¿ Inspectors of carcasses, etc., meat of which is intended for export; certifi-

cates of condition.

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2 Sec. 1 FEDERAL MEAT INSPECTION ACT

17. ø617.¿ Clearance prohibited to vessel carrying meat for export without inspec-

tor’s certificate.

18. ø618.¿ Delivery of inspectors’ certificates, and of copies.

19. ø619.¿ Marking, labeling, or other identification of kinds of animals or articles’

derivation; separate establishments for preparation and slaughtering

activities.

20. ø620.¿ Imports.

21. ø621.¿ Inspectors to make examinations provided for; appointment; duties; regu-

lations.

22. ø622.¿ Bribery of or gifts to inspectors or other officers and acceptance of gifts.

23. ø623.¿ Exemptions from inspection requirements.

24. ø624.¿ Storage and handling regulations; violations; exemption of establish-

ments subject to non-Federal jurisdiction.

25. ø625.¿ Catfish.

TITLE II—MEAT PROCESSORS AND RELATED INDUSTRIES

201. ø641.¿ Prohibition of title I inspection of articles not intended for use as human

food; denaturation or other identification prior to distribution in com-

merce; inedible articles.

202. ø642.¿ Recordkeeping requirements.

203. ø643.¿ Registration of business, name of person, and trade names.

204. ø644.¿ Regulation of transactions, transportation, or importation of 4–D ani-

mals to prevent use as human food.

205. ø645.¿ Federal provisions applicable to State or Territorial business trans-

actions of a local nature and not subject to local authority.

TITLE III—FEDERAL AND STATE COOPERATION

301. ø661.¿ Federal and State cooperation.

TITLE IV—AUXILIARY PROVISIONS

401. ø671.¿ Inspection services.

402. ø672.¿ Administrative detentions; duration; pending judicial proceedings; notifi-

cation of governmental authorities; release.

403. ø673.¿ Seizure and condemnation.

404. ø674.¿ Federal court jurisdiction of enforcement and injunction proceedings and

other kinds of cases; limitations of section 607(e) of this title.

405. ø675.¿ Assaulting, resisting, or impeding certain persons; murder; protection

of such persons.

406. ø676.¿ Violations.

407. ø677.¿ Other Federal laws applicable for administration and enforcement of

chapter; location of inquiries; jurisdiction of Federal courts.

408. ø678.¿ Non-Federal jurisdiction of federally regulated matters; prohibition of

additional or different requirements for establishments with inspection

services and as to marking, labeling, packaging, and ingredients; rec-

ordkeeping and related requirements; concurrent jurisdiction over dis-

tribution for human food purposes of adulterated or misbranded and

imported articles; other matters.

409. ø679.¿ Application of Federal Food, Drug, and Cosmtic Act.

410. ø679a.¿ Safe meat and poultry inspection panel.

411. ø680.¿ Authorization of appropriations.

TITLE V—INSPECTIONS BY FEDERAL AND STATE AGENCIES

501. ø683.¿ Interstate shipment of meat inspected by Federal and State agencies for

certain small establishments.

TITLE I—INSPECTION REQUIREMENTS; ADULTERATION

AND MISBRANDING

ECTION

1. ø21 U.S.C. 601¿ As used in this Act, except as oth-

erwise specified, the following terms shall have the meanings stat-

ed below:

(a) The term ‘‘Secretary’’ means the Secretary of Agriculture of

the United States or his delegate.

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3 Sec. 1 FEDERAL MEAT INSPECTION ACT

Sec. 798(1) of P.L. 109–97, Nov. 10, 2005, amended the Act by striking ‘‘cattle, sheep, swine,

goats, horses, mules, and other equines’’ each place it appears and inserting ‘‘amenable species’’.

Although the previous text read ‘‘cattle, sheep, swine, goats, horses, mules, or other equines’’,

the amendment was executed to effectuate the probable intent of Congress.

The term ‘‘meat food product’’ is often used with the term ‘‘meat’’, which is not defined by

the Act.

Sec. 798(1) of P.L. 109–97, Nov. 10, 2005, amended the Act by striking ‘‘cattle, sheep, swine,

goats, horses, mules, and other equines’’ each place it appears and inserting ‘‘amenable species’’.

Although the previous text read ‘‘cattle, sheep, swine, or goats’’, the amendment was executed

to effectuate the probable intent of Congress.

Sec. 798(1) of P.L. 109–97, Nov. 10, 2005, amended the Act by striking ‘‘cattle, sheep, swine,

goats, horses, mules, and other equines’’ each place it appears and inserting ‘‘amenable species’’.

Although the previous text read ‘‘cattle, sheep, swine, and goats’’, the amendment was executed

to effectuate the probable intent of Congress.

(b) The term ‘‘firm’’ means any partnership, association, or

other unincorporated business organization.

tion engaged in the business of buying or selling carcasses, parts

of carcasses, meat, or meat food products of amenable species

commission, or otherwise negotiating purchases or sales of such ar-

ticles other than for his own account or as an employee of another

person, firm, or corporation.

(d) The term ‘‘renderer’’ means any person, firm, or corporation

engaged in the business of rendering carcasses or parts or products

of the carcasses, of amenable species,

except rendering conducted

under inspection or exemption under title I of this Act.

(e) The term ‘‘animal food manufacturer’’ means any person,

firm, or corporation engaged in the business of manufacturing or

processing animal food derived wholly or in part from carcasses, or

parts or products of the carcasses, of amenable species.

(f) The term ‘‘State’’ means any State of the United States and

the Commonwealth of Puerto Rico.

(g) The term ‘‘Territory’’ means Guam, the Virgin Islands of

the United States, American Samoa, and any other territory or pos-

session of the United States, excluding the Canal Zone.

(h) The term ‘‘commerce’’ means commerce between any State,

any Territory, or the District of Columbia, and any place outside

thereof; or within any Territory not organized with a legislative

body, or the District of Columbia.

(i) The term ‘‘United States’’ means the States, the District of

Columbia, and the Territories of the United States.

(j) The term ‘‘meat food product’’

means any product capable

of use as human food which is made wholly or in part from any

meat or other portion of the carcass of any amenable species,

ex-

cepting products which contain meat or other portions of such car-

casses only in a relatively small proportion or historically have not

been considered by consumers as products of the meat food indus-

try, and which are exempted from definition as a meat food product

by the Secretary under such conditions as he may prescribe to as-

sure that the meat or other portions of such carcasses contained in

such product are not adulterated and that such products are not

represented as meat food products. This term as applied to food

products of equines shall have a meaning comparable to that pro-

vided in this paragraph with respect to amenable species.

(k) The term ‘‘capable of use as human food’’ shall apply to any

carcass, or part or product of a carcass, of any animal, unless it is

denatured or otherwise identified as required by regulations pre-

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4 Sec. 1 FEDERAL MEAT INSPECTION ACT

scribed by the Secretary to deter its use as human food, or it is nat-

urally inedible by humans.

(l) The term ‘‘prepared’’ means slaughtered, canned, salted,

rendered, boned, cut up, or otherwise manufactured or processed.

(m) The term ‘‘adulterated’’ shall apply to any carcass, part

thereof, meat or meat food product under one or more of the fol-

lowing circumstances:

(1) if it bears or contains any poisonous or deleterious sub-

stance which may render it injurious to health; but in case the

substance is not an added substance, such article shall not be

considered adulterated under this clause if the quantity of such

substance in or on such article does not ordinarily render it in-

jurious to health;

(2)(A) if it bears or contains (by reason of administration

of any substance to the live animal or otherwise) any added

poisonous or added deleterious substance (other than one

which is (i) a pesticide chemical in or on a raw agricultural

commodity; (ii) a food additive; or (iii) a color additive) which

may, in the judgment of the Secretary, make such article unfit

for human food;

(B) if it is, in whole or in part, a raw agricultural com-

modity and such commodity bears or contains a pesticide

chemical which is unsafe within the meaning of section 408 of

the Federal Food, Drug, and Cosmetic Act,

within the meaning of section 409 of the Federal Food, Drug,

and Cosmetic Act,

(D) if it bears or contains any color additive which is un-

safe within the meaning of section 721 of the Federal Food,

Drug, and Cosmetic Act. Provided, That an article which is not

adulterated under clause (B), (C), or (D) shall nevertheless be

deemed adulterated if use of the pesticide chemical, food addi-

tive, or color additive in or on such article is prohibited by reg-

ulations of the Secretary in establishments at which inspection

is maintained under title I of this Act;

(3) if it consists in whole or in part of any filthy, putrid,

or decomposed substance or is for any other reason unsound,

unhealthful, unwholesome, or otherwise unfit for human food;

(4) if it has been prepared, packed, or held under insani-

tary conditions whereby it may have become contaminated

with filth, or whereby it may have been rendered injurious to

health;

(5) if it is, in whole or in part, the product of an animal

which has died otherwise than by slaughter;

(6) if its container is composed, in whole or in part, of any

poisonous or deleterious substance which may render the con-

tents injurious to health;

(7) if it has been intentionally subjected to radiation, un-

less the use of the radiation was in conformity with a regula-

tion or exemption in effect pursuant to section 409 of the Fed-

eral Food, Drug, and Cosmetic Act;

(8) if any valuable constituent has been in whole or in part

omitted or abstracted therefrom; or if any substance has been

substituted, wholly or in part therefor; or if damage or inferi-

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ority has been concealed in any manner; or if any substance

has been added thereto or mixed or packed therewith so as to

increase it bulk or weight, or reduce its quality or stength, or

make it appear better or of greater value than it is; or

(9) if it is margarine containing animal fat and any of the

raw material used therein consisted in whole or in part of any

filthy, putrid, or decomposed substance.

(n) The term ‘‘misbranded’’ shall apply to any carcass, part

thereof, meat or meat food product under one or more of the fol-

lowing circumstances:

(1) if its labeling is false or misleading in any particular;

(2) if it is offered for sale under the name of another food;

(3) if it is an imitation of another food, unless its label

bears, in type of uniform size and prominence, the word ‘‘imita-

tion’’ and immediately thereafter, the name of the food imi-

tated;

(4) if its container is so made, formed or filled as to be mis-

leading;

(5) if in a package or other container unless it bears a

label showing (A) the name and place of business of the manu-

facturer, packer, or distributor; and (B) an accurate statement

of the quantity of the contents in terms of weight, measure, or

numerical count: Provided, That under clause (B) of this sub-

paragraph (5), reasonable variations may be permitted, and ex-

emptions as to small packages may be established, by regula-

tions prescribed by the Secretary;

(6) if any word, statement, or other information required

by or under authority of this Act to appear on the label or

other labeling is not prominently placed thereon with such

conspicucusness (as compared with other words, statements,

designs, or devices, in the labeling) and in such terms as to

render it likely to be read and understood by the ordinary indi-

vidual under customary conditions of purchase and use;

(7) if it purports to be or is represented as a food for which

a definition and standard of identity or composition has been

prescribed by regulations of the Secretary under section 7 of

this Act unless (A) it conforms to such definition and standard,

and (B) its label bears the name of the food specified in the

definition and standard and, insofar as may be required by

such regulations, the common names of optional ingredients

(other than spices, flavoring, and coloring) present in such

food;

(8) if it purports to be or is represented as a food for which

a standard or standards of fill of container have been pre-

scribed by regulations of the Secretary under section 7 of this

Act, and it falls below the standard of fill of container applica-

ble thereto, unless its label bears, in such manner and form as

such regulations specify, a statement that it falls below such

standard;

(9) if it is not subject to the provisions of subparagraph (7),

unless its label bears (A) the common or usual name of the

food, if any there be, and (B) in case it is fabricated from two

or more ingredients, the common or usual name of each such

ingredient; except that spices, flavorings, and colorings may,

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6 Sec. 1 FEDERAL MEAT INSPECTION ACT

The Federal Food, Drug, and Cosmetic Act appears in 21 U.S.C. 301 et seq.

when authorized by the Secretary, be designated as spices,

flavorings, and colorings without naming each. Provided, That,

to the extent that compliance with the requirements of clause

(B) of this subparagraph (9) is impracticable, or results in de-

ception or unfair competition, exemptions shall be established

by regulations promulgated by the Secretary;

(10) if it purports to be or is represented for special dietary

uses, unless its label bears such information concerning its vi-

tamin, mineral, and other dietary properties as the Secretary,

after consultation with the Secretary of Health, Education, and

Welfare, determines to be, and by regulations prescribes as,

necessary in order fully to inform purchasers as to its value for

such uses;

(11) if it bears or contains any artificial flavoring, artificial

coloring, or chemical preservative, unless it bears labeling stat-

ing that fact: Provided, That, to the extent that compliance

with the requirements of this subparagraph (11) is impracti-

cable, exemptions shall be established by regulations promul-

gated by the Secretary; or

(12) if it fails to bear, directly thereon or on its container,

as the Secretary may by regulations prescribe, the inspection

legend and, unrestricted by any of the foregoing, such other in-

formation as the Secretary may require in such regulations to

assure that it will not have false or misleading labeling and

that the public will be informed of the manner of handling re-

quired to maintain the article in a wholesome condition.

(o) The term ‘‘label’’ means a display of written, printed, or

graphic matter upon the immediate container (not including pack-

age liners) of any article.

(p) The term ‘‘labeling’’ means all labels and other written,

printed, or graphic matter (1) upon any article or any of its con-

tainers or wrappers, or (2) accompanying such article.

(q) The term ‘‘Federal Food, Drug, and Cosmetic Act’’ means

the Act so entitled, approved June 25, 1938 (52 Stat. 1040), and

Acts amendatory thereof or supplementary thereto.

(r) The term ‘‘pesticide chemical’’, ‘‘food additive’’, ‘‘color addi-

tive’’, and ‘‘raw agricultural commodity’’ shall have the same mean-

ings for purposes of this Act as under the Federal Food, Drug, and

Cosmetic Act.

(s) The term ‘‘official mark’’ means the official inspection leg-

end or any other symbol prescribed by regulations of the Secretry

to identify the status of any article or animal under this Act.

(t) The term ‘‘official inspection legend’’ means any symbol pre-

scribed by regulations of the Secretary showing that an article was

inspected and passed in accordance with this Act.

(u) The term ‘‘official certificate’’ means any certificate pre-

scribed by regulations of the Secretary for issuance by an inspector

or other person performing official functions under this Act.

(v) The term ‘‘official device’’ means any device prescribed or

authorized by the Secretary for use in applying any offical mark.

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7 Sec. 3 FEDERAL MEAT INSPECTION ACT

Subsec. (w) added by sec. 798(2) of P.L. 109–97, Nov. 10, 2005. Sec. 798(1) of P.L. 109–97,

Nov. 10, 2005, amended the Act by striking ‘‘cattle, sheep, swine, goats, horses, mules, and other

equines’’ each place it appears and inserting ‘‘amenable species’’.

Sec. 798(1) of P.L. 109–97, Nov. 10, 2005, amended the Act by striking ‘‘cattle, sheep, swine,

goats, horses, mules, and other equines’’ each place it appears and inserting ‘‘amenable species’’.

Although the previous text read ‘‘cattle, sheep, swine, goats, horses, mules, or other equines’’,

the amendment was executed to effectuate the probable intent of Congress.

(w)

The term ‘‘amenable species’’ means—

(1) those species subject to the provisions of this Act on the

day before the date of the enactment of the Agriculture, Rural

Development, Food and Drug Administration, and Related

Agencies Appropriations Act, 2006;

(2) all fish of the order Siluriformes; and

(3) any additional species of livestock that the Secretary

considers appropriate.

. 2. ø21 U.S.C. 602¿ Meat and meat food products are an

important source of the Nation’s total supply of food. They are con-

sumed throughout the Nation and the major portion thereof moves

in interstate or foreign commerce. It is essential in the public inter-

est that the health and welfare of consumers be protected by assur-

ing that meat and meat food products distributed to them are

wholesome, not adulterated, and properly marked, labeled, and

packaged. Unwholesome, adulterated, or misbranded meat or meat

food products impair the effective regulation of meat and meat food

products in interstate or foreign commerce, are injurious to the

public welfare, destroy markets for wholesome, not adulterated,

and properly labeled and packaged meat and meat food products,

and result in sundry losses to livestock producers and processors

of meat and meat food products, as well as injury to consumers.

The unwholesome, adulterated, mislabeled, or deceptively packaged

articles can be sold at lower prices and compete unfairly with the

wholesome, not adulterated, and properly labeled and packaged ar-

ticles, to the detriment of consumers and the public generally. It

is hereby found that all articles and animals which are regulated

under this Act are either in interstate or foreign commerce or sub-

stantially affect such commerce, and that regulation by the Sec-

retary and cooperation by the States and other jurisdictions as

comtemplated by this Act are appropriate to prevent and eliminate

burdens upon such commerce, to effectively regulate such com-

merce, and to protect the health and welfare of consumers.

. 3. ø21 U.S.C. 603¿ (a) That hereafter, for the purpose of

preventing the use in commerce, as hereinafter provided, of meat

and meat food products which are adulterated, the Secretary shall

cause to be made, by inspectors appointed for that purpose, an ex-

amination and inspection of all amenable species before they shall

be allowed to enter into any slaughtering, packing, meat-canning,

rendering, or similar establishment, in which they are to be slaugh-

tered and the meat and meat food products thereof are to be used

in commerce; and all amenable species found on such inspection to

show symptons of disease shall be set apart and slaughtered sepa-

rately from all other amenable species

, and when so slaughtered,

the carcasses of said amenable species

shall be subject to a careful

examination and inspection, all as provided by the rules and regu-

lations to be prescribed by the Secretary as herein provided for.

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8 Sec. 4 FEDERAL MEAT INSPECTION ACT

(b) For the purpose of preventing the inhumane slaughtering

of livestock, the Secretary shall cause to be made, by inspectors ap-

pointed for that purpose, an examination and inspection of the

method by which amenable species are slaughtered and handled in

connection with slaughter in the slaughtering establishments in-

spected under this Act. The Secretary may refuse to provide inspec-

tion to a new slaughtering establishment or may cause inspection

to be temporarily suspended at a slaughtering establishment if the

Secretary finds that any amenable species

have been slaughtered

or handled in connection with slaughter at such establishment by

any method not in accordance with the Act of August 27, 1958 (72

Stat. 862; 7 U.S.C. 1901–1906) until the establishment furnishes

assurances satisfactory to the Secretary that all slaughtering and

handling in connection with slaughter of livestock shall be in ac-

cordance with such a method.

. 4. ø21 U.S.C. 604¿ That for the purposes hereinbefore set

forth the Secretary shall cause to be made by inspectors appointed

for that purpose, as hereinbefore provided, a post-mortem examina-

tion and inspection of the carcasses and parts thereof of all ame-

nable species to be prepared at any slaughtering, meat-canning,

salting, packing, rendering, or similar establishment in any State,

Territory, or the District of Columbia as articles of commerce which

are capable of use as human food; and the carcasses and parts

thereof of all such animals found to be not adulterated shall be

marked, stamped, tagged, or labeled as ‘‘Inspected and passed;’’

and said inspectors shall label, mark, stamp, or tag as ‘‘Inspected

and condemned,’’ all carcasses and parts thereof of animals found

to be adulterated; and all carcasses and parts thereof thus in-

spected and condemned shall be destroyed for food purposes by the

said establishment in the presence of an inspector, and the Sec-

retary may remove inspectors from any such establishment which

fails to so destroy any such condemned carcass or part thereof, and

said inspectors, after said first inspection shall, when they deem it

necessary, reinspect said carcasses or parts thereof to determine

whether since the first inspection the same have become adulter-

ated, and if any carcass or any part thereof shall, upon examina-

tion and inspection subsequent to the first examination and inspec-

tion, be found to be adulterated, it shall be destroyed for food pur-

poses by the said establishment in the presence of an inspector,

and the Secretary may remove inspectors from any establishment

which fails to so destroy any condemned carcass or part thereof.

. 5. ø21 U.S.C. 605¿ The foregoing provisions shall apply

to all carcasses or parts of carcasses of amenable species or the

meat or meat products thereof which may be brought into any

slaughtering, meat-canning, salting, packing, rendering, or similar

establishment, and such examination and inspection shall be had

before the said carcasses or parts thereof shall be allowed to enter

into any department wherein the same are to be treated and pre-

pared for meat food products; and the foregoing provisions shall

also apply to all such products which, after having been issued

from any slaughtering, meat-canning, salting, packing, rendering,

or similar establishment, shall be returned to the same or to any

similar establishment where such inspection is maintained. The

Secretary may limit the entry of carcasses, parts of carcasses, meat

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9 Sec. 7 FEDERAL MEAT INSPECTION ACT

Sec. 11016(b)(2) of the Food, Conservation, and Energy Act of 2008 (7 U.S.C. 2 note; Public

Law 110–246) provides: ‘‘The amendments made by paragraph (1) shall not apply until the date

on which the Secretary of Agriculture issues final regulations (after providing a period of public

comment, including through the conduct of public meetings or hearings, in accordance with

chapter 5 of title 5, United States Code) to carry out such amendments.’’.

and meat food products, and other materials into any establish-

ment at which inspection under this title is maintained, under such

conditions as he may prescribe to assure that allowing the entry of

such articles into such inspected establishments will be consistent

with the purposes of this Act.

. 6.

ø21 U.S.C. 606¿ (a) I

ENERAL

.—For the purposes

hereinbefore set forth the Secretary shall cause to be made, by in-

spectors appointed for that purpose, an examination and inspection

of all meat food products prepared for commerce in any slaugh-

tering, meat-canning, salting, packing, rendering, or similar estab-

lishment, and for the purposes of any examination and inspection

and inspectors shall have access at all times, by day or night,

whether the establishment be operated or not, to every part of said

establishment; and said inspectors shall mark, stamp, tag, or label

as ‘‘Inspected and passed’’ all such products found to be not adul-

terated; and said inspectors shall label, mark, stamp, or tag as ‘‘In-

spected and condemned’’ all such products found adulterated, and

all such condemned meat food products shall be destroyed for food

purposes, as hereinbefore provided, and the Secretary may remove

inspectors from any establishment which fails to so destroy such

condemned meat food products: Provided, That subject to the rules

and regulations of the Secretary the provisions of this section in re-

gard to preservatives shall not apply to meat food products for ex-

port to any foreign country and which are prepared or packed ac-

cording to the specifications or directions of the foreign purchaser,

when no substance is used in the preparation or packing thereof

in conflict with the laws of the foreign country to which said article

is to be exported; but if said article shall be in fact sold or offered

for sale for domestic use or consumption then this proviso shall not

exempt said article from the operation of all the other provisions

of this chapter.

(b) C

ERTAIN

ISH

.—In the case of an examination and inspec-

tion under subsection (a) of a meat food product derived from any

fish described in section 1(w)(2), the Secretary shall take into ac-

count the conditions under which the fish is raised and transported

to a processing establishment.

. 7. ø21 U.S.C. 607¿ (a) That when any meat or meat food

product prepared for commerce which has been inspected as here-

inbefore provided and marked ‘‘Inspected and passed’’ shall be

placed or packed in any can, pot, tin, canvas, or other receptacle

or covering in any establishment where inspection under the provi-

sions of this Act is maintained, the person, firm, or corporation pre-

paring said product shall cause a label to be attached to said can,

pot, tin, canvas, or other receptacle or covering, under the super-

vision of an inspector, which label shall state that the contents

thereof have been ‘‘inspected and passed’’ under the provisions of

this Act; and no inspection and examination of meat or meat food

products deposited or inclosed in cans, tins, pots, canvas, or other

receptacle or covering in any establishment where inspection under

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10 Sec. 7 FEDERAL MEAT INSPECTION ACT

the provisions of this Act is maintained shall be deemed to be com-

plete until such meat or meat food products have been sealed or

inclosed in said can, tin, pot, canvas, or other receptacle or covering

under the supervision of an inspector.

(b) All carcasses, parts of carcasses, meat and meat food prod-

ucts inspected at any establishment under the authority of this

title and found to be not adulterated, shall at the time they leave

the establishment bear, in distinctly legible form, directly thereon

or on their containers, as the Secretary may require, the informa-

tion required under paragraph (n) of section 1 of this Act.

essary for the protection of the public, may prescribe: (1) the styles

and sizes of type to be used with respect to material required to

be incorporated in labeling to avoid false or misleading labeling in

marketing and labeling any articles or animals subject to this title

or title II of this Act; (2) definitions and standards of identity or

composition for articles subject to this title and standards of fill of

container for such articles not inconsistent with any such stand-

ards established under the Federal Food, Drug, and Cosmetic Act,

and there shall be consultation between the Secretary and the Sec-

retary of Health, Education, and Welfare prior to the issuance of

such standards under either Act relating to articles subject to this

Act to avoid inconsistency in such standards and possible impair-

ment of the coordinated effective administration of these Acts.

There shall also be consultation between the Secretary and an ap-

propriate advisory committee provided for in section 301 of this

Act, prior to the issuance of such standards under this Act, to

avoid, insofar as feasible, inconsistency between Federal and State

standards.

(d) No article subject to this title shall be sold or offered for

sale by any person, firm, or corporation, in commerce, under any

name or other marking or labeling which is false or misleading, or

in any container of a misleading form or size, but established trade

names and other marking and labeling and containers which are

not false or misleading and which are approved by the Secretary

are permitted.

(e) If the Secretary has reason to believe that any marking or

labeling or the size or form of any container in use or proposed for

use with respect to any article subject to this title is false or mis-

leading in any particular, he may direct that such use be withheld

unless the marking, labeling, or container is modified in such man-

ner as he may prescribe so that it will not be false or misleading.

If the person, firm, or corporation using or proposing to use the

marking, labeling or container does not accept the determination of

the Secretary, such person, firm, or corporation may request a

hearing, but the use of the marking, labeling, or container shall,

if the Secretary so directs, be withheld pending hearing and final

determination by the Secretary. Any such determination by the

Secretary shall be conclusive unless, within thirty days after re-

ceipt of notice of such final determination, the person, firm, or cor-

poration adversely affected thereby appeals to the United States

court of appeals for the circuit in which such person, firm, or cor-

poration has its principal place of business or to the United States

Court of Appeals for the District of Columbia Circuit. The provi-

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11 Sec. 10 FEDERAL MEAT INSPECTION ACT

In section 9, the phrase ‘‘except as provided in section 6,’’ was included in the section only

until Nov. 10, 1992. See section 403(d) of the Processed Products Inspection Improvement Act

of 1986 (title IV of Public Law 99–641; 100 Stat. 3570).

Sec. 798(1) of P.L. 109–97, Nov. 10, 2005, amended the Act by striking ‘‘cattle, sheep, swine,

goats, horses, mules, and other equines’’ each place it appears and inserting ‘‘amenable species’’.

Although the previous text read ‘‘cattle, sheep, swine, goats, horses, mules, or other equines’’,

the amendment was executed to effectuate the probable intent of Congress.

sions of section 204 of the Packers and Stockyards Act, 1921 (42

Stat. 162, as amended; 7 U.S.C. 194), shall be applicable to appeals

taken under this section.

(f) L

AMB AND

UTTON

.—The Secretary, consistent with United

States international obligations, shall establish standards for the

labeling of sheep carcasses, parts of sheep carcasses, sheepmeat,

and sheepmeat food products.

. 8. ø21 U.S.C. 608¿ The Secretary shall cause to be made,

by experts in sanitation or by other competent inspectors, such in-

spection of all slaughtering, meat-canning, salting, packing, ren-

dering, or similar establishments in which amenable species are

slaughtered and the meat and meat food products thereof are pre-

pared for commerce as may be necessary to inform himself con-

cerning the sanitary conditions of the same, and to prescribe the

rules and regulations of sanitation under which such establish-

ments shall be maintained; and where the sanitary conditions of

any such establishment are such that the meat or meat food prod-

ucts are rendered adulterated, he shall refuse to allow said meat

or meat food products to be labeled, marked, stamped, or tagged as

‘‘inspected and passed.’’

. 9. ø21 U.S.C. 609¿ That the Secretary shall cause an ex-

amination and inspection of all amenable species, and, except as

provided in section 6,

the food products thereof, slaughtered and

prepared in the establishments hereinbefore described for the pur-

poses of commerce to be made during the nighttime as well as dur-

ing the daytime when the slaughtering of said amenable species,

or the preparation of said food products is conducted during the

nighttime.

. 10. ø21 U.S.C. 610¿ No person, firm, or corporation shall,

with respect to any amenable species,

or any carcasses, parts of

carcasses, meat or meat food products of any such animals—

(a) slaughter any such animals or prepare any such arti-

cles which are capable of use as human food at any establish-

ment preparing any such articles for commerce, except in com-

pliance with the requirements of this Act;

(b) slaughter or handle in connection with slaughter any

such animals in any manner not in accordance with the Act of

August 27, 1958 (72 Stat. 862; 7 U.S.C. 1901–1906);

ceive for transportation, in commerce, (1) any such articles

which (A) are capable of use as human food and (B) are adul-

terated or misbranded at the time of such sale, transportation,

offer for sale or transportation, or receipt for transportation; or

(2) any articles required to be inspected under this title unless

they have been so inspected and passed;

(d) do, with respect to any such articles which are capable

of use as human food, any act while they are being transported

in commerce or held for sale after such transportation, which

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12 Sec. 11 FEDERAL MEAT INSPECTION ACT

is intended to cause or has the effect of causing such articles

to be adulterated or misbranded.

. 11. ø21 U.S.C. 611¿ (a) No brand manufacturer, printer,

or other person, firm, or corporation shall cast, print, lithograph,

or otherwise make any device containing any official mark or sim-

ulation thereof, or any label bearing any such mark or simulation,

or any form of official certificate or simulation thereof, except as

authorized by the Secretary.

(b) No person, firm, or corporation shall—

(1) forge any official device, mark, or certificate;

(2) without authorization from the Secretary use any offi-

cial device, mark, or certificate, or simulation thereof, or alter,

detach, deface, or destroy any official device, mark, or certifi-

cate;

(3) contrary to the regulations prescribed by the Secretary,

fail to use, or to detach, deface, or destroy any official device,

mark, or certificate;

(4) knowingly possess, without promptly notifying the Sec-

retary or his representative, any official device or any counter-

feit, simulated, forged, or improperly altered official certificate

or any device or label or any carcass of any animal, or part or

product thereof, bearing any counterfeit, simulated, forged, or

improperly altered official mark;

(5) knowingly make any false statement in any shipper’s

certificate or other nonofficial or official certificate provided for

in the regulations prescribed by the Secretary; or

(6) knowingly represent that any article has been in-

spected and passed, or exempted, under this Act when, in fact,

it has, respectively, not been so inspected and passed, or ex-

empted.

SEC. 12. ø21 U.S.C. 612¿ NOTIFICATION.

Any establishment subject to inspection under this Act that be-

lieves, or has reason to believe, that an adulterated or misbranded

meat or meat food product received by or originating from the es-

tablishment has entered into commerce shall promptly notify the

Secretary with regard to the type, amount, origin, and destination

of the meat or meat food product.

SEC. 13. ø21 U.S.C. 613¿ PLANS AND REASSESSMENTS.

The Secretary shall require that each establishment subject to

inspection under this Act shall, at a minimum—

(1) prepare and maintain current procedures for the recall

of all meat or meat food products produced and shipped by the

establishment;

(2) document each reassessment of the process control

plans of the establishment; and

(3) upon request, make the procedures and reassessed

process control plans available to inspectors appointed by the

Secretary for review and copying.

øSection 14 repealed by section 10418(a)(19) of P.L. 107–171,

116 Stat. 508.¿

. 15. ø21 U.S.C. 615¿ That the Secretary shall also cause

to be made a careful inspection of the carcasses and parts thereof

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13 Sec. 19 FEDERAL MEAT INSPECTION ACT