21 U.S.C. § 607 — Labeling, marking, and container requirements
submitted 119 years ago by ch. 2907 to r/title-21-FOOD-AND-DRUGS · 866 words · no verdicts yet
This section requires inspection-related labeling and legible information for meat products, authorizes standards and label controls, bars misleading names and containers, provides a hearing and judicial-review process, and requires sheep-product labeling standards consistent with international obligations.
(a) When inspected-and-passed meat or meat food is put into a can, pot, tin, canvas, or other container at an inspected establishment, the preparer must, under an inspector’s supervision, attach a label saying the contents were “inspected and passed” under this chapter. Inspection is not complete until the product is sealed or enclosed under that supervision.
(b) When carcasses, parts, meat, or meat food inspected under this subchapter are found not adulterated, they must, when leaving the establishment, visibly display on the product or container the information required by section 601(n), as the Secretary* requires.
(c) When necessary to protect the public, the Secretary may prescribe (1) type styles and sizes for labeling material to prevent false or misleading labels for covered articles or animals, and (2) definitions and identity or composition standards and container-fill standards for covered articles, if they do not conflict with standards under the Federal Food, Drug, and Cosmetic Act. Before issuing related standards under either Act, the Secretary and Health and Human Services Secretary must consult to avoid inconsistency and harm to coordinated administration. The Secretary must also consult the section 661 advisory committee to avoid, as far as feasible, conflicts between Federal and State* standards.
(d) A covered article may not be sold or offered in commerce* under a false or misleading name, marking, or label, or in a misleadingly shaped or sized container. Approved established trade names and other markings, labels, and containers that are not false or misleading are allowed.
(e) If the Secretary has reason to believe a marking, label, or container’s form or size is false or misleading in any respect, the Secretary may order its use stopped unless modified as directed. The user or proposed user may request a hearing if it disagrees. If the Secretary directs it, use remains stopped while the hearing and final decision are pending. The decision is conclusive unless, within 30 days after notice, the affected person, firm*, or corporation appeals to the circuit court of appeals where its main office is, or to the District of Columbia Circuit. Section 194 of title 7 applies to the appeal.
(f) Consistently with United States* international obligations, the Secretary must establish labeling standards for sheep carcasses and parts, sheepmeat, and sheepmeat food products.
When any meat or meat food product* prepared for commerce* which has been inspected as hereinbefore 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 provisions of this chapter is maintained, the person, firm*, or corporation preparing said product shall cause a label to be attached to said can, pot, tin, canvas, or other receptacle or covering, under the supervision of an inspector, which label shall state* that the contents thereof have been “inspected and passed” under the provisions of this chapter; 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 the provisions of this chapter is maintained shall be deemed to be complete 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.
All carcasses, parts of carcasses, meat and meat food products inspected at any establishment under the authority of this subchapter 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 information required under paragraph (n) of section 601 of this title.
The Secretary, whenever he determines such action is necessary 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 subchapter or subchapter II of this chapter; (2) definitions and standards of identity or composition for articles subject to this subchapter and standards of fill of container for such articles not inconsistent with any such standards established under the Federal Food, Drug, and Cosmetic Act [21 U.S.C. 301 et seq.], and there shall be consultation between the Secretary and the Secretary of Health and Human Services prior to the issuance of such standards under either Act relating to articles subject to this chapter to avoid inconsistency in such standards and possible impairment of the coordinated effective administration of these Acts. There shall also be consultation between the Secretary and an appropriate advisory committee provided for in section 661 of this title, prior to the issuance of such standards under this chapter, to avoid, insofar as feasible, inconsistency between Federal and State standards.
No article subject to this subchapter 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.
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 subchapter is false or misleading in any particular, he may direct that such use be withheld unless the marking, labeling, or container is modified in such manner 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 receipt of notice of such final determination, the person, firm, or corporation adversely affected thereby appeals to the United States* court of appeals for the circuit in which such person, firm, or corporation has its principal place of business or to the United States Court of Appeals for the District of Columbia Circuit. The provisions of section 194 of title 7 shall be applicable to appeals taken under this section.
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.
Source credit: (Mar. 4, 1907, ch. 2907, title I, § 7, formerly 5th par., 34 Stat. 1262; renumbered § 7 and amended Pub. L. 90–201, §§ 1, 3(a), 6, Dec. 15, 1967, 81 Stat. 584, 588; Pub. L. 96–88, title V, § 509(b), Oct. 17, 1979, 93 Stat. 695; Pub. L. 104–127, title II, § 279, Apr. 4, 1996, 110 Stat. 979.)
- 1907Enacted · Act of Mar. 4, 1907, ch. 2907 · 34 Stat. 1262
- 1967Amended · Pub. L. 90-201 · 81 Stat. 584, 588
- 1979Amended · Pub. L. 96-88 · 93 Stat. 695
- 1996Amended · Pub. L. 104-127 · 110 Stat. 979
A history note hasn’t been published yet. The record shows enactment by ch. 2907 on 1907-03-04.
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