ALLcrimesfood&drugstaxestelecomcommercehealthconservationtransportationagricultureveteransbrowse all titles »
0

21 U.S.C. § 679Application of Federal Food, Drug, and Cosmetic Act

submitted 119 years ago by Pub. L. 90-201 to r/title-21-FOOD-AND-DRUGS · 182 words · no verdicts yet

in plain englishAI-generated · not legal advice

This section keeps the Food, Drug, and Cosmetic Act's existing powers in place. It says this chapter does not take any of them away. It also lets Health and Human Services representatives detain meat products outside inspected facilities. They use this power to enforce the Food, Drug, and Cosmetic Act.

(a) Authorities under food, drug, and cosmetic provisions unaffected. This applies despite any other law, including a specific provision of the Federal Food, Drug, and Cosmetic Act. This chapter does not take away any authority that the Food, Drug, and Cosmetic Act already had before December 15, 1967. That earlier law keeps its full power alongside this one. (b) Enforcement proceedings; detainer authority of representatives of Secretary of Health and Human Services. This chapter gives certain officials the power to detain products. Detaining means holding them back from sale, under section 672. That detainer power also applies to authorized representatives of the Secretary of Health and Human Services. They use it to enforce the Food, Drug, and Cosmetic Act. It covers carcasses, or parts of them, and meat or meat food products. This applies to cattle, sheep, pigs, goats, or horses. It applies when the product is outside a place where this chapter's inspections are happening. For this purpose, the first mention of "the Secretary" in section 672 means the Secretary of Health and Human Services, not the Secretary of Agriculture.

facts

- Codified at 21 U.S.C. § 679, titled "Application of Federal Food, Drug, and Cosmetic Act." - Originally enacted as part of the Act of Mar. 4, 1907, ch. 2907, title IV, § 409, added by Pub. L. 90–201, § 16, effective Dec. 15, 1967. - Contains 182 words across two subsections addressing food/drug/cosmetic authority and enforcement detainer provisions. - Amended three times: by Pub. L. 96–88 (1979), and Pub. L. 111–31 (2009). - Source credit references three separate statutory citations reflecting its enactment and subsequent amendments.
the actual law source: uscode.house.gov ↗public domain
(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 cattle, sheep, swine, goats, or equines that is outside any premises at which inspection is being maintained under this chapter, and for such purposes the first reference to the Secretary in section 672 of this title shall be deemed to refer to the Secretary of Health and Human Services.

Source credit: (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.)

history & why it existsrecord from the source credit
  • 1907Enacted · Pub. L. 90-201 · 81 Stat. 600
  • 1979Amended · Pub. L. 96-88 · 93 Stat. 695
  • 2009Amended · Pub. L. 111-31 · 123 Stat. 1838
The record indicates that this section originated as part of the Meat Inspection Act of March 4, 1907 (ch. 2907), though the specific text of § 409 was not part of the original 1907 enactment but was added later, on December 15, 1967, by section 16 of Public Law 90-201, 81 Stat. 600. The source credit further shows that the section has since been amended twice: by Public Law 96-88, section 509(b), on October 17, 1979, and by Public Law 111-31, division A, title I, section 103(o), on June 22, 2009. The amendment count of three reflects the addition itself together with these two subsequent revisions. Public Law 90-201, enacted in December 1967, is generally understood to be the Wholesome Meat Act, which strengthened federal meat inspection requirements and clarified relationships between federal meat inspection law and other federal regulatory schemes, including food and drug law. Provisions like this one, addressing how the meat inspection statute interacts with the Federal Food, Drug, and Cosmetic Act, are commonly understood to reflect Congress's effort to prevent gaps or conflicts between overlapping regulatory authorities administered by different federal agencies. The 1979 and 2009 amendments likely reflect subsequent reorganizations of federal health and agriculture agency responsibilities, but the record here does not establish the specific legislative purpose behind those particular changes. Beyond this general understanding of the 1967 Act's broader aims, the record does not establish more specific reasons Congress included this particular provision.

all 0 arguments · sorted by: best

0/280

no arguments yet — make the first case