21 U.S.C. § 467f — Federal Food, Drug, and Cosmetic Act applications

submitted 58 years ago by Pub. L. 85-172 to r/title-21-FOOD-AND-DRUGS · 180 words · no verdicts yet

in plain englishAI-generated · not legal advice

Poultry and poultry products are exempt from the Food, Drug, and Cosmetic Act. This exemption applies only where this chapter's rules already cover the same ground. Officials can also use a detainer power under section 467a against poultry found outside an inspected plant.

(a) Poultry and poultry products are exempt from the Federal Food, Drug, and Cosmetic Act. This exemption applies only to the extent that this chapter's own rules cover the same ground. The exemption does not cancel any authority the Food, Drug, and Cosmetic Act already had before August 18, 1968.

(b) A separate section, section 467a, gives certain officials the power to detain products. This section extends that detainer power to any authorized representative of the Secretary of Health and Human Services. That representative can use it to enforce the Food, Drug, and Cosmetic Act. This applies to any poultry carcass, or part or product of one, found outside an official inspected establishment. For this purpose, the first mention of "the Secretary" in section 467a means the Secretary of Health and Human Services.

facts

- Located at 21 U.S.C. § 467f, titled "Federal Food, Drug, and Cosmetic Act applications." - Enacted as § 24 of Pub. L. 85–172, added by Pub. L. 90–492, § 17, on August 18, 1968. - Comprises 180 words across two subsections (a) and (b). - Subsequently amended once, by Pub. L. 96–88, title V, § 509(b), Oct. 17, 1979. - Source credit reflects a total of three legislative references (original enactment, addition, and amendment).

the actual law source: uscode.house.gov ↗public domain

(a) Exemptions; authorities under food, drug, and cosmetic provisions unaffected

Poultry and poultry products shall be exempt from the provisions of the Federal Food, Drug, and Cosmetic Act [21 U.S.C. 301 et seq.] to the extent of the application or extension thereto of the provisions of this chapter, except that the provisions of this chapter shall not derogate from any authority conferred by the Federal Food, Drug, and Cosmetic Act prior to August 18, 1968.

(b) Enforcement proceedings; detainer authority of representatives of Secretary of Health and Human Services

The detainer authority conferred by section 467a 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 poultry carcass, or part or product thereof, that is outside any official establishment, and for such purposes the first reference to the Secretary in section 467a of this title shall be deemed to refer to the Secretary of Health and Human Services.

Source credit: (Pub. L. 85–172, § 24, as added Pub. L. 90–492, § 17, Aug. 18, 1968, 82 Stat. 807; amended Pub. L. 96–88, title V, § 509(b), Oct. 17, 1979, 93 Stat. 695.)

history & why it existsrecord from the source credit

1968Enacted · Pub. L. 85-172 · 82 Stat. 807
1979Amended · Pub. L. 96-88 · 93 Stat. 695

The source credit shows that this section originated as part of Public Law 85-172, added by section 17 of Public Law 90-492, enacted August 18, 1968, and codified at 82 Stat. 807. The section was later amended by section 509(b) of Public Law 96-88 on October 17, 1979, which, per the credit, made changes reflected in 93 Stat. 695. The record establishes only these two legislative actions—the original addition and the single subsequent amendment—without further detail on their specific textual effect. Historical context: Public Law 90-492, enacted in 1968, is generally understood to be the Wholesome Poultry Products Act, part of a broader federal effort in that era to strengthen inspection and safety standards for poultry moving in commerce, paralleling similar reforms for meat products. Section 24, as added by that act, appears designed to coordinate the newly expanded poultry inspection scheme with the pre-existing Federal Food, Drug, and Cosmetic Act, addressing potential overlap in authority between the Department of Agriculture and the Department of Health, Education, and Welfare (later Health and Human Services). The later 1979 amendment, associated with Public Law 96-88, coincided with the creation of the Department of Education and related federal reorganization, which commonly involved updating cross-references to the Secretary of Health and Human Services. Beyond this general context, the record does not establish the specific reasoning behind the particular provisions in subsections (a) and (b).

all 0 arguments · sorted by: best

no arguments yet — make the first case