21 U.S.C. § 672 — Administrative detention; duration; pending judicial proceedings; notification of governmental authorities; release
submitted 119 years ago by Pub. L. 90-201 to r/title-21-FOOD-AND-DRUGS · 271 words · no verdicts yet
This section lets an authorized Secretary’s representative detain certain animal products or animals when there is reason to believe they violate inspection, adulteration, labeling, or distribution rules. The representative may hold them for up to 20 days and may require official marks to be removed.
If an authorized representative of the Secretary* finds, on premises covered by commerce* or subchapter I or II, a carcass or part of a carcass, meat or meat food product* from cattle, sheep, swine, goats, horses, mules, or other equines; an exempted product; or a dead, dying, disabled, or diseased animal of those kinds, the representative may detain it for up to 20 days if there is reason to believe that it is adulterated or misbranded and could be used as human food, was not inspected in violation of subchapter I or another federal, State*, territorial, or District of Columbia law, or was or will be distributed in violation of such a law. The detention may last while action is taken under section 673 or while the representative notifies a federal, State, or other government authority with jurisdiction. Until the representative releases it, no person, business, or corporation may move it from the place where it was detained. Before release, the representative may require all official marks to be removed, unless the Secretary is satisfied that the article or animal may keep them.
Whenever any carcass, part of a carcass, meat or meat food product* of cattle, sheep, swine, goats, horses, mules, or other equines, or any product exempted from the definition of a meat food product, or any dead, dying, disabled, or diseased cattle, sheep, swine, goat, or equine is found by any authorized representative of the Secretary* upon any premises where it is held for purposes of, or during or after distribution in, commerce* or otherwise subject to subchapter I or II of this chapter, and there is reason to believe that any such article is adulterated or misbranded and is capable of use as human food, or that it has not been inspected, in violation of the provisions of subchapter I of this chapter or of any other Federal law or the laws of any State* or Territory*, or the District of Columbia, or that such article or animal has been or is intended to be, distributed in violation of any such provisions, it may be detained by such representative for a period not to exceed twenty days, pending action under section 673 of this title or notification of any Federal, State, or other governmental authorities having jurisdiction over such article or animal, and shall not be moved by any person, firm*, or corporation from the place at which it is located when so detained, until released by such representative. 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.
Source credit: (Mar. 4, 1907, ch. 2907, title IV, § 402, as added Pub. L. 90–201, § 16, Dec. 15, 1967, 81 Stat. 598.)
- 1907Enacted · Pub. L. 90-201 · 81 Stat. 598
A history note hasn’t been published yet. The record shows enactment by Pub. L. 90-201 on 1907-03-04.
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