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21 U.S.C. § 679aSafe Meat and Poultry Inspection Panel

submitted 119 years ago by Pub. L. 104-127 to r/title-21-FOOD-AND-DRUGS · 668 words · no verdicts yet

in plain englishAI-generated · not legal advice

This section creates a permanent seven-member advisory panel in the Department of Agriculture to review meat and poultry inspection matters. It sets the panel’s duties, membership, nominations, expenses, conflicts rules, exemptions, and funding.

(a) Establishment. The Department of Agriculture has a permanent advisory panel called the Safe Meat and Poultry Inspection Panel, or the panel. (b) Duties. (1) Review and evaluation. When the panel considers necessary, it must review and evaluate the adequacy, need, safety, cost-effectiveness, and scientific merit of: (A) inspection procedures and the work rules and worker relations involving Federal employees at plants inspected under this chapter; (B) informal petitions or proposals to change those plants’ inspection procedures, processes, or techniques; (C) formal changes to meat-inspection regulations under this chapter, whether in notice, proposed, or final form; and (D) other matters the Secretary refers to it about the quality or effectiveness of a safe, cost-effective meat-inspection system under this chapter. (2) Reports. (A) The panel must give the Secretary a report on each review and evaluation, with recommendations it considers suitable. (B) A report about a formal regulation change must be made within the deadline for formal comments on that change. (C) Every report to the Secretary must be published in the Federal Register. (c) Secretarial response. Within 90 days after a panel report is published, the Secretary must publish in the Federal Register any response the Secretary is required to make. (d) Composition. The panel has 7 members. At least 5 must be professionals in food, meat, or poultry science. The Secretary appoints them, for staggered terms of no more than 3 years, from nominations from the National Institutes of Health and the Federation of American Societies of Food Animal Science, based on the nominees’ professional qualifications. (e) Nominations. (1) For the first panel, the Secretary must ask each of those two organizations for 6 nominees. (2) For a later vacancy, the Secretary must ask each for 2 nominees. (3)(A) Each nominee must have a public-health background and scientific expertise in food, meat, poultry, or veterinary science. (B) Before finishing selection, the Secretary may require nominees to provide needed information. (4) If a list is unsatisfactory, the Secretary may ask the nominating organization for another list. (f) Travel expenses. A panel member away from home or the regular workplace while serving the panel receives travel expenses, including a daily subsistence allowance, at the rate allowed to someone intermittently employed in Government service under 5 U.S.C. § 5703. (g) Conflicts of interest. The Secretary must issue regulations about panel members’ conflicts of interest. (h) Exemption. Chapter 10 of title 5 and title XVIII of the Food and Agriculture Act of 1977 (7 U.S.C. § 2281 and following) do not apply to the panel. (i) Funding. From funds available for this chapter and the Poultry Products Inspection Act, the Secretary must set aside the amounts needed to carry out this section.
the actual law source: uscode.house.gov ↗public domain
(a) Establishment

There is established in the Department of Agriculture a permanent advisory panel to be known as the “Safe Meat and Poultry Inspection Panel” (referred to in this section as the “panel”).

(b) Duties
(1) Review and evaluation

The panel shall review and evaluate, as the panel considers necessary, the adequacy, necessity, safety, cost-effectiveness, and scientific merit of—

(A)

inspection procedures of, and work rules and worker relations involving Federal employees employed in, plants inspected under this chapter;

(B)

informal petitions or proposals for changes in inspection procedures, processes, and techniques of plants inspected under this chapter;

(C)

formal changes in meat inspection regulations promulgated under this chapter, whether in notice, proposed, or final form; and

(D)

such other matters as may be referred to the panel by the Secretary regarding the quality or effectiveness of a safe and cost-effective meat inspection system under this chapter.

(2) Reports
(A) In general

The panel shall submit to the Secretary a report on the results of each review and evaluation carried out under paragraph (1), including such recommendations as the panel considers appropriate.

(B) Reports on formal changes

In the case of a report concerning a formal change in meat inspection regulations, the report shall be made within the time limits prescribed for formal comments on such changes.

(C) Publication in Federal Register

Each report of the panel to the Secretary shall be published in the Federal Register.

(c) Secretarial response

Not later than 90 days after the publication of a panel report under subsection (b)(2)(C), the Secretary shall publish in the Federal Register any response required of the Secretary to the report.

(d) Composition of panel

The panel shall be composed of 7 members, not fewer than 5 of whom shall be from the food science, meat science, or poultry science profession, appointed to staggered terms not to exceed 3 years by the Secretary from nominations received from the National Institutes of Health and the Federation of American Societies of Food Animal Science and based on the professional qualifications of the nominees.

(e) Nominations
(1) Initial panel

In constituting the initial panel, the Secretary shall solicit 6 nominees from the National Institutes of Health and 6 nominees from the Federation of American Societies of Food Animal Science for membership on the panel.

(2) Vacancies

Any subsequent vacancy on the panel shall be filled by the Secretary after soliciting 2 nominees from the National Institutes of Health and 2 nominees from the Federation of American Societies of Food Animal Science.

(3) Requirements for nominees
(A) In general

Each nominee provided under paragraph (1) or (2) shall have a background in public health issues and a scientific expertise in food, meat, or poultry science or in veterinary science.

(B) Submission of information

The Secretary may require nominees to submit such information as the Secretary considers necessary prior to completing the selection process.

(4) Additional nominees

If any list of nominees provided under paragraph (1) or (2) is unsatisfactory to the Secretary, the Secretary may request the nominating entities to submit an additional list of nominees.

(f) Travel expenses

While away from the home or regular place of business of a member of the panel in the performance of services for the panel, the member shall be allowed travel expenses, including per diem in lieu of subsistence, at the same rate as a person employed intermittently in the Government service would be allowed under section 5703 of title 5.

(g) Conflicts of interest

The Secretary shall promulgate regulations regarding conflicts of interest with respect to the members of the panel.

(h) Exemption

Chapter 10 of title 5 and title XVIII of the Food and Agriculture Act of 1977 (7 U.S.C. 2281 et seq.) shall not apply to the panel.

(i) Funding

From funds available to the Secretary to carry out this chapter and the Poultry Products Inspection Act (21 U.S.C. 451 et seq.), the Secretary shall allocate such sums as may be necessary to carry out this section.

Source credit: (Mar. 4, 1907, ch. 2907, title IV, § 410, as added Pub. L. 104–127, title IX, § 918(a)(1)(B), Apr. 4, 1996, 110 Stat. 1188; amended Pub. L. 117–286, § 4(a)(161), Dec. 27, 2022, 136 Stat. 4323.)

history & why it existsrecord from the source credit
  • 1907Enacted · Pub. L. 104-127 · 110 Stat. 1188
  • 2022Amended · Pub. L. 117-286 · 136 Stat. 4323

A history note hasn’t been published yet. The record shows enactment by Pub. L. 104-127 on 1907-03-04.

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