21 U.S.C. § 623 — Exemptions from inspection requirements
submitted 119 years ago by ch. 2907 to r/title-21-FOOD-AND-DRUGS · 756 words · no verdicts yet
This section exempts certain personal, custom, territorial, and institutional pizzas from meat-inspection requirements. It also lets the Secretary control, withdraw, or modify exemptions and keeps anti-adulteration and anti-misbranding rules in place.
(a) Personal and custom slaughter: Inspection rules for slaughter and meat preparation for commerce* do not apply when a person slaughters animals the person raised and prepares and transports the meat only for the person, household members, nonpaying guests, and employees. They also do not apply to custom slaughter of cattle, sheep, swine, or goats delivered by the owner, when the resulting meat is prepared, transported, and used only in that owner’s household by the owner, household members, nonpaying guests, and employees. The same exemption covers custom preparation and transportation of meat from the owner’s own cattle, sheep, swine, or goats, or from game animals, delivered for custom preparation and used only in that owner’s household by those people. If the operation is at an inspected establishment, the Secretary* may exempt the custom work from inspection. The establishment is exempt only if it follows Secretary rules that keep custom meat and its containers separate from meat for sale, mark custom meat and its containers “Not for Sale” immediately after preparation and until delivery to the owner, and require sanitary operation.
(b) Territory*: Under sanitary rules, the Secretary may exempt slaughter and preparation in a Territory without a legislative body when the products are only for distribution in that Territory, the Secretary finds inspection impracticable within available funds, and the exemption would otherwise help enforce this chapter. The Secretary may refuse, withdraw, or change the exemption whenever necessary to carry out this chapter.
(c) Pizzas containing meat food products: (1) Under food-safety and public-health conditions in rules issued under section 624, including special handling rules, the Secretary must exempt such pizzas if the meat components were prepared, inspected, and passed in cured or cooked ready-to-eat form under this chapter, and the pizzas will be served in public or private nonprofit institutions. (2) The Secretary may withdraw or change an exemption when needed for food safety or public health, and may restore or change an exemption that was withdrawn or changed.
(d) Articles exempt from inspection or not required to be inspected still must comply with this subchapter’s rules against adulteration and misbranding, except for the inspection-legend requirement.
The provisions of this subchapter requiring inspection of the slaughter of animals and the preparation of the carcasses, parts thereof, meat and meat food products at establishments conducting such operations for commerce* shall not apply to the slaughtering by any person of animals of his own raising, and the preparation by him and transportation in commerce of the carcasses, parts thereof, meat and meat food products of such animals exclusively for use by him and members of his household and his nonpaying guests and employees; nor to the custom slaughter by any person, firm*, or corporation of cattle, sheep, swine or goats delivered by the owner thereof for such slaughter, and the preparation by such slaughterer and transportation in commerce of the carcasses, parts thereof, meat and meat food products of such animals, exclusively for use, in the household of such owner, by him and members of his household and his nonpaying guests and employees; nor to the custom preparation by any person, firm, or corporation of carcasses, parts thereof, meat or meat food products, derived from the slaughter by any person of cattle, sheep, swine, or goats of his own raising, or from game animals, delivered by the owner thereof for such custom preparation, and transportation in commerce of such custom prepared articles, exclusively for use in the household of such owner, by him and members of his household and his nonpaying guests and employees: Provided, That in cases where such person, firm, or corporation engages in such custom operations at an establishment at which inspection under this subchapter is maintained, the Secretary* may exempt from such inspection at such establishment any animals slaughtered or any meat or meat food products otherwise prepared on such custom basis: Provided further, That custom operations at any establishment shall be exempt from inspection requirements as provided by this section only if the establishment complies with regulations which the Secretary is hereby authorized to promulgate to assure that any carcasses, parts thereof, meat or meat food products wherever handled on a custom basis, or any containers or packages containing such articles, are separated at all times from carcasses, parts thereof, meat or meat food products prepared for sale, and that all such articles prepared on a custom basis, or any containers or packages containing such articles, are plainly marked “Not for Sale” immediately after being prepared and kept so identified until delivered to the owner and that the establishment conducting the custom operation is maintained and operated in a sanitary manner.
The Secretary may, under such sanitary conditions as he may by regulations prescribe, exempt from the inspection requirements of this subchapter the slaughter of animals, and the preparation of carcasses, parts thereof, meat and meat food products, by any person, firm, or corporation in any Territory* not organized with a legislative body solely for distribution within such Territory when the Secretary determines that it is impracticable to provide such inspection within the limits of funds appropriated for administration of this chapter and that such exemption will otherwise facilitate enforcement of this chapter. The Secretary may refuse, withdraw, or modify any exemption under this subsection in his discretion whenever he determines such action is necessary to effectuate the purposes of this chapter.
Under such terms and conditions as the Secretary shall prescribe through rules and regulations issued under section 624 of this title that may be necessary to ensure food safety and protect public health such as special handling procedures, the Secretary shall exempt pizzas containing a meat food product* from the inspection requirements of this chapter if—
the meat food product components of the pizzas have been prepared, inspected, and passed in a cured or cooked form as ready-to-eat in compliance with the requirements of this chapter; and
the pizzas are to be served in public or private nonprofit institutions.
The Secretary may withdraw or modify any exemption under this subsection whenever the Secretary determines such action is necessary to ensure food safety and to protect public health. The Secretary may reinstate or further modify any exemption withdrawn or modified under this subsection.
The adulteration and misbranding provisions of this subchapter, other than the requirement of the inspection legend, shall apply to articles which are exempted from inspection or not required to be inspected under this section.
Source credit: (Mar. 4, 1907, ch. 2907, title I, § 23, formerly 21st, 22nd pars., 34 Stat. 1265; June 29, 1938, ch. 810, 52 Stat. 1235; renumbered § 23 and amended Pub. L. 90–201, §§ 1, 11, Dec. 15, 1967, 81 Stat. 584, 591; Pub. L. 91–342, July 18, 1970, 84 Stat. 438; Pub. L. 102–237, title X, § 1016(a), Dec. 13, 1991, 105 Stat. 1902.)
- 1907Enacted · Act of Mar. 4, 1907, ch. 2907 · 34 Stat. 1265
- 1938Amended · Act of June 29, 1938, ch. 810 · 52 Stat. 1235
- 1967Amended · Pub. L. 90-201 · 81 Stat. 584, 591
- 1970Amended · Pub. L. 91-342 · 84 Stat. 438
- 1991Amended · Pub. L. 102-237 · 105 Stat. 1902
A history note hasn’t been published yet. The record shows enactment by ch. 2907 on 1907-03-04.
all 0 arguments · sorted by: best
no arguments yet — make the first case