By June of both public and political support for legislation controlling the production and distribution of meat products resulted in the passage of the Food and Drug Act as well as the Meat Inspection Act.
Since the creation of the Meat Inspection Act of and the creation of the Food and Drug administration there have been many amendments made to correspond with improvements in the meat industry and the changing appetites of the American people.
As originally written, the Meat Inspection Act did not apply to poultry. In , when the Act was passed there was not a heavy demand for poultry products in the United States. Thos who did eat poultry got their produce from local farms. As such, the Meat Inspection Act, as initially enacted applied only to cattle, sheep, goats, equines, and swine.
It was not until the 's when an outbreak of avian flu occurred in New York City that the federal government took a valid interest in the inspection of poultry in the United States. The influenza outbreak resulted in local inspection ordinances and when the United States entered World War II the military required that all poultry products used for military personnel conform to the military's sanitation standards.
As a result the poultry industry altered its methods and in the Poultry Products Inspection Act was enacted to require any poultry products that moved in interstate commerce to be continuously inspected both prior to slaughter, after slaughter, before processing and at the point of entry into the United States; if it was imported.
Since the inception of the Meat Inspection Act of the law has been expanded to include other kinds of meat products. In Congress passed the Wholesome Meat Act and the Wholesome Poultry Act which set a minimums sanitation standard for State inspections of meat packing and poultry plants. Sign in. Log into your account. Password recovery. Recover your password. Forgot your password?
Get help. Federal Law Update. Home Federal Meat Inspection Act. Amendments to the Meat Inspection Act of Since the creation of the Meat Inspection Act of and the creation of the Food and Drug administration there have been many amendments made to correspond with improvements in the meat industry and the changing appetites of the American people.
Similarly, the creation of the Referee Board of Consulting Scientific Experts in the following year to advise the department on safety issues associated with food additives undercut Wiley's scientific authority. The bureau had been developing informal standards for many foods in collaboration with outside experts since , an activity that continued after the act.
However, courts differed on the role these informal standards could play in cases. Separate laws established standards for some specific foods, such as apples and butter, as well as for canned foods. Burton J. Howard, chief of the Bureau of Chemistry's microchemical laboratory, is shown in the right foreground in this photo from the s.
Howard developed a quantitative method to detect mold in ketchup that proved to be indispensable in establishing food adulteration in court. After Wiley's resignation in , the bureau devoted more effort to drug regulation, with some emphasis on the so-called patent medicines. No person, firm, or corporation engaged in the business of buying, selling, or transporting in commerce, or importing, dead, dying, disabled, or diseased animals, or any parts of the carcasses of any animals that died otherwise than by slaughter, shall buy, sell, transport, offer for sale or transportation, or receive for transportation, in commerce, or import, any dead, dying, disabled, or diseased cattle, sheep, swine, goats, horses, mules or other equines, or parts of the carcasses of any such animals that died otherwise than by slaughter, unless such transaction, transportation or importation is made in accordance with such regulations as the Secretary may prescribe to assure that such animals, or the unwholesome parts or products thereof, will be prevented from being used for human food purposes.
It is the policy of the Congress to protect the consuming public from meat and meat food products that are adulterated or misbranded and to assist in efforts by State and other Government agencies to accomplish this objective.
In furtherance of this policy The Secretary is authorized, whenever he determines that it would effectuate the purposes of this chapter, to cooperate with the appropriate State agency in developing and administering a State meat inspection program in any State which has enacted a State meat inspection law that imposes mandatory ante mortem and post mortem inspection, reinspection and sanitation requirements that are at least equal to those under subchapter I of this chapter, with respect to all or certain classes of persons engaged in the State in slaughtering cattle, sheep, swine, goats, or equines, or preparing the carcasses, parts thereof, meat or meat food products, of any such animals for use as human food solely for distribution within such State.
The Secretary is further authorized, whenever he determines that it would effectuate the purposes of this chapter, to cooperate with appropriate State agencies in developing and administering State programs under State laws containing authorities at least equal to those provided in subchapter II of this chapter; and to cooperate with other agencies of the United States in carrying out any provisions of this chapter.
Cooperation with State agencies under this section may include furnishing to the appropriate State agency i advisory assistance in planning and otherwise developing an adequate State program under the State law; and ii technical and laboratory assistance and training including necessary curricular and instructional materials and equipment , and financial and other aid for administration of such a program. The amount to be contributed to any State by the Secretary under this section from Federal funds for any year shall not exceed 50 per centum of the estimated total cost of the cooperative program; and the Federal funds shall be allocated among the States desiring to cooperate on an equitable basis.
Such cooperation and payment shall be contingent at all times upon the administration of the State program in a manner which the Secretary, in consultation with the appropriate advisory committee appointed under paragraph 4 , deems adequate to effectuate the purposes of this section. The Secretary may appoint advisory committees consisting of such representatives of appropriate State agencies as the Secretary and the State agencies may designate to consult with him concerning State and Federal programs with respect to meat inspection and other matters within the scope of this chapter, including evaluating State programs for purposes of this chapter and obtaining better coordination and more uniformity among the State programs and between the Federal and State programs and adequate protection of consumers.
The appropriate State agency with which the Secretary may cooperate under this chapter shall be a single agency in the State which is primarily responsible for the coordination of the State programs having objectives similar to those under this chapter. When the State program includes performance of certain functions by a municipality or other subordinate governmental unit, such unit shall be deemed to be a part of the State agency for purposes of this section.
If the Secretary has reason to believe, by thirty days prior to the expiration of two years after December 15, , that a State has failed to develop or is not enforcing, with respect to all establishments within its jurisdiction except those that would be exempted from Federal inspection under subparagraph 2 at which cattle, sheep, swine, goats, or equines are slaughtered, or their carcasses, or parts or products thereof, are prepared for use as human food, solely for distribution within such State, and the products of such establishments, requirements at least equal to those imposed under subchapter I and IV, he shall promptly notify the Governor of the State of this fact.
If the Secretary determines, after consultation with the Governor of the State, or representative selected by him, that such requirements have not been developed and activated, he shall promptly after the expiration of such two-year period designate such State as one in which the provisions of subchapters I and IV of this chapter shall apply to operations and transactions wholly within such State: Provided, That if the Secretary has reason to believe that the State will activate such requirements within one additional year, he may delay such designation for said period, and not designate the State, if he determines at the end of the year that the State then has such requirements in effective operation.
The Secretary shall publish any such designation in the Federal Register and, upon the expiration of thirty days after such publication, the provisions of subchapters I and IV of this chapter shall apply to operations and transactions and to persons, firms, and corporations engaged therein in the State to the same extent and in the same manner as if such operations and transactions were conducted in or for commerce. Thereafter, upon request of the Governor, the Secretary shall revoke such designation if the Secretary determines that such State has developed and will enforce requirements at least equal to those imposed under subchapters I and IV of this chapter: And provided further, That, notwithstanding any other provision of this section, if the Secretary determines that any establishment within a State is producing adulterated meat or meat food products for distribution within such State which would clearly endanger the public health he shall notify the Governor of the State and the appropriate Advisory Committee provided by section of this title of such fact for effective action under State or local law.
If the State does not take action to prevent such endangering of the public health within a reasonable time after such notice, as determined by the Secretary, in light of the risk to public health, the Secretary may forthwith designate any such establishment as subject to the provisions of subchapter I and subchapter IV of this chapter, and thereupon the establishment and operator thereof shall be subject to such provisions as though engaged in commerce until such time as the Secretary determines that such State has developed and will enforce requirements at least equal to those imposed under subchapter I and subchapter IV of this chapter.
The provisions of this chapter requiring inspection of the slaughter of animals and the preparation of carcasses, parts thereof, meat and meat food products shall not apply to operations of types traditionally and usually conducted at retail stores and restaurants, when conducted at any retail store or restaurant or similar retail-type establishment for sale in normal retail quantities or service of such articles to consumers at such establishments if such establishments are subject to such inspection provisions only under this paragraph c.
For the purposes of this subparagraph, operations conducted at a restaurant central kitchen facility shall be considered as being conducted at a restaurant if the restaurant central kitchen prepares meat or meat food products that are ready to eat when they leave such facility and are served in meals or as entrees only to customers at restaurants owned or operated by the same person, firm, or corporation owning or operating such facility: Provided, That such facility shall be subject to the provisions of section of this title: Provided further, That the facility may be subject to the inspection requirements under subchapter I of this chapter for as long as the Secretary deems necessary, if the Secretary determines that the sanitary conditions or practices of the facility or the processing procedures or methods at the facility are such that any of its meat or meat food products are rendered adulterated.
Whenever the Secretary determines that any State designated under this paragraph c has developed and will enforce State meat inspection requirements at least equal to those imposed under subchapters I and IV of this chapter with respect to the operations and transactions within such State which are regulated under paragraph 1 , he shall terminate the designation of such State under this paragraph c , but this shall not preclude the subsequent redesignation of the State at any time upon thirty days notice to the Governor and publication in the Federal Register in accordance with this paragraph, and any State may be designated upon such notice and publication at any time after the period specified in this paragraph whether or not the State has theretofore been designated upon the Secretary determining that it is not effectively enforcing requirements at least equal to those imposed under subchapters I and IV of this chapter.
The Secretary shall promptly upon December 15, , and periodically thereafter, but at least annually, review the requirements, including the enforcement thereof, of the several States not designated under this paragraph c , with respect to the slaughter, and the preparation, storage, handling and distribution of carcasses, parts thereof, meat and meat food products, of such animals, and inspection of such operations and annually report thereon to the Committee on Agriculture of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate in the report required under section of this title.
The Secretary may for such period, or indefinitely, as he deems necessary to effectuate the purposes of this chapter refuse to provide, or withdraw, inspection service under subchapter I of this chapter with respect to any establishment if he determines, after opportunity for a hearing is accorded to the applicant for, or recipient of, such service, that such applicant or recipient is unfit to engage in any business requiring inspection under subchapter I because the applicant or recipient, or anyone responsibly connected with the applicant or recipient, has been convicted, in any Federal or State court, of 1 any felony, or 2 more than one violation of any law, other than a felony, based upon the acquiring, handling, or distributing of unwholesome, mislabeled, or deceptively packaged food or upon fraud in connection with transactions in food.
This section shall not affect in any way other provisions of this chapter for withdrawal of inspection services under subchapter I from establishments failing to maintain sanitary conditions or to destroy condemned carcasses, parts, meat or meat food products. For the purpose of this section a person shall be deemed to be responsibly connected with the business if he was a partner, officer, director, holder, or owner of 10 per centum or more of its voting stock or employee in a managerial or executive capacity.
The determination and order of the Secretary with respect thereto under this section shall be final and conclusive unless the affected applicant for, or recipient of, inspection service files application for judicial review within thirty days after the effective date of such order in the appropriate court as provided in section of this title.
Judicial review of any such order shall be upon the record upon which the determination and order are based. All official marks may be required by such representative to be removed from such article or animal before it is released unless it appears to the satisfaction of the Secretary that the article or animal is eligible to retain such marks.
B The United States may not be held legally responsible for any article that is distributed under subparagraph A to a nonprofit, private entity or to a Federal, State, or local government entity, if such article C The person from whom such article was seized and condemned may not be held legally responsible for such article, if such article 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.
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 Territories, are vested with jurisdiction specifically to enforce, and to prevent and restrain violations of, this chapter, and shall have jurisdiction in all other kinds of cases arising under this chapter, except as provided in section e of this title.
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 sections and of Title Nothing in this chapter shall be construed as requiring the Secretary to report for prosecution 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.
For the efficient administration and enforcement 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 of Title 15 , and the provisions of section l 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 Secretary, 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 designated in section of this title.
Requirements within the scope of this chapter with respect to premises, facilities and operations 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 Columbia, except that any such jurisdiction may impose recordkeeping and other requirements within the scope of section of this title, if consistent therewith, with respect to any such establishment.
Marking, labeling, packaging, or ingredient requirements in addition to, or different 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 subchapter I of this chapter, but any State or Territory or the District of Columbia may, consistent with the requirements under this chapter, exercise 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 misbranded and are outside of such an establishment, 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 District of Columbia from making requirement or taking other action, consistent with this chapter, with respect to any other matters regulated under this chapter. Notwithstanding any other provisions of law, including section b of the Federal Food, Drug, and Cosmetic Act 21 U. The detainer authority conferred by section 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.
The panel shall review and evaluate, as the panel considers necessary, the adequacy, necessity, safety, cost-effectiveness, and scientific 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 regulations 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-effective meat inspection system under this chapter.
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. 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. Not later than 90 days after the publication of a panel report under subsection b 2 C of this section, the Secretary shall publish in the Federal Register any response required of the Secretary to the report.
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 profession, appointed to staggered terms not to exceed 3 years by the Secretary from nominations received from the National Institutes of Health and the Federation of American Societies of Food Animal Science and based on the professional qualifications of the nominees.
In constituting the initial panel, the Secretary shall solicit 6 nominees from the National Institutes of Health and 6 nominees from the Federation of American Societies of Food Animal Science for membership on the panel. 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.
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 veterinary science. The Secretary may require nominees to submit such information as the Secretary considers necessary prior to completing the selection process. If any list of nominees provided under paragraph 1 or 2 is unsatisfactory to the Secretary, the Secretary may request the nominating entities to submit an additional list of nominees.
While away from the home or regular place of business of a member of the panel in the performance 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 Government service would be allowed under section of Title 5.
The Secretary shall promulgate regulations regarding conflicts of interest with respect to the members of the panel. Effective beginning not later than 30 days after May 13, , the Secretary of Agriculture shall conduct an education program regarding the availability and safety of processes and treatments that eliminate or substantially reduce the level of pathogens on meat, meat food products, poultry, and poultry products.
There is authorized to be appropriated such sums as are necessary to carry out this section. Expansion of food safety inspection service activities. The Secretary of Agriculture may utilize existing authorities to give high priority to enhancing and expanding the capacity of the Food Safety Inspection Service to conduct activities to There are hereby authorized to be appropriated such sums as may be necessary to carry out the provisions of this chapter.
A the State inspection program of the State in which the establishment is located; and. B this chapter, including rules and regulations issued under this chapter. Subject to paragraph 2 , the Secretary, in coordination with the appropriate State agency of the State in which an establishment is located, may select the establishment to ship carcasses, portions of carcasses, and meat items in interstate commerce, and place on each carcass, portion of a carcass, and meat item shipped in interstate commerce a Federal mark, stamp, tag, or label of inspection, if A the carcass, portion of carcass, or meat item qualifies for the mark, stamp, tag, or label of inspection under the requirements of this chapter;.
C inspection services for the establishment are provided by designated personnel. In carrying out paragraph 1 , the Secretary, in coordination with an appropriate State agency, shall not select an establishment that A on average, employs more than 25 employees including supervisory and nonsupervisory employees , as defined by the Secretary;. B as of the date of the enactment of this section, ships in interstate commerce carcasses, portions of carcasses, or meat items that are inspected by the Secretary in accordance with this chapter;.
I as of the date of the enactment of this section, employed more than 25 employees; and.
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