§1047 — Title 21 Food and Drugs | U.S. Code

Summary

The Secretary can refuse or stop inspection services for a plant if, after a hearing, he finds the applicant or a person closely linked to the business was convicted within the last 10 years of certain crimes. Those crimes include felonies or multiple misdemeanors about getting, handling, or selling tainted or mislabeled food or fraud in food deals, or felonies like fraud, bribery, or extortion that show a lack of honesty needed to protect public health. A person is “closely linked” if they are a partner, officer, director, own 10% or more of voting stock, or are a manager or executive. The Secretary’s decision is final unless the affected party asks a U.S. Court of Appeals for a review within 30 days in the circuit where the business is based or in the D.C. Circuit; the court reviews the same record. Other rules about refusing inspections still apply.

Title 21, §1047

Food and Drugs — Source: USLM XML via OLRC

The Secretary (for such period, or indefinitely, as he deems necessary to effectuate the purposes of this chapter) may refuse to provide or may withdraw inspection service under this chapter with respect to any plant if he determines, after opportunity for a hearing is accorded to the applicant for, or recipient of, such service, that such applicant or recipient is unfit to engage in any business requiring inspection under this chapter because the applicant or recipient or anyone responsibly connected with the applicant or recipient has been convicted in any Federal or State court, within the previous ten years, of (1) any felony or more than one misdemeanor under any law based upon the acquiring, handling, or distributing of adulterated, mislabeled, or deceptively packaged food or fraud in connection with transactions in food, or (2) any felony, involving fraud, bribery, extortion, or any other act or circumstances indicating a lack of the integrity needed for the conduct of operations affecting the public health. For the purpose of this section, a person shall be deemed to be responsibly connected with the business if he is a partner, officer, director, holder, or owner of 10 per centum or more of its voting stock, or employee in a managerial or executive capacity. The determination and order of the Secretary with respect thereto under this section shall be final and conclusive unless the affected applicant for, or recipient of, inspection service files application for judicial review within thirty days after the effective date of such order in the United States court of appeals for the circuit in which such applicant or recipient has its principal place of business or in the United States Court of Appeals for the District of Columbia Circuit. Judicial review of any such order shall be upon the record upon which the determination and order are based. The provisions of section 194 of title 7 shall be applicable to appeals taken under this section. This section shall not affect in any way other provisions of this chapter for refusal of inspection services.

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References in Text

This chapter, referred to in text, was in the original “this Act”, meaning Pub. L. 91–597, Dec. 29, 1970, 84 Stat. 1620, which is classified principally to this chapter. For complete classification of this Act to the Code, see

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note set out under section 1031 of this title and Tables.

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For

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of this section, see section 29 of Pub. L. 91–597, set out as a note under section 1031 of this title.

§1047 Refusal or withdrawal of inspection services; hearing; grounds; person deemed to have responsible connection with business; finality of order of Secretary; judicial review; other provisions for refusal of services unaffected

Summary

Title 21, §1047

Notes & Related Subsidiaries

Editorial Notes

References in Text

Short Title

Statutory Notes and Related Subsidiaries

Effective Date

Effective Date

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