21 U.S.C. § 679 — Application 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
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
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.
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.)
- 1907Enacted · Pub. L. 90-201 · 81 Stat. 600
- 1979Amended · Pub. L. 96-88 · 93 Stat. 695
- 2009Amended · Pub. L. 111-31 · 123 Stat. 1838
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