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

Summary

The Secretary can refuse or stop providing federal inspection to a plant or business if, after a hearing, he finds the applicant or holder is unfit. That finding can be based on a conviction in a Federal or State court within the past 10 years of either (1) any felony or more than one misdemeanor for crimes about getting, handling, or selling adulterated, mislabeled, or fraudulently packaged food or fraud in food deals, or (2) any felony for fraud, bribery, extortion, or other acts showing a lack of honesty that affects public health. A person is “responsibly connected” if they were a partner, officer, director, owner of 10 percent or more of voting stock, or a manager/executive employee. If inspection is withdrawn for failing to destroy condemned poultry (section 455) or for not meeting premises, equipment, or operating rules (section 456), the applicant or holder can ask for a hearing on the action, but the withdrawal or refusal stays in effect unless the Secretary says otherwise. After a hearing, the Secretary’s decision is final unless the affected person files for judicial review in the U.S. Court of Appeals within 30 days under section 457. Review will be based on the record, and section 194 of title 7 applies to appeals.

Title 21, §467

Food and Drugs — Source: USLM XML via OLRC

(a)The Secretary may (for such period, or indefinitely, as he deems necessary to effectuate the purposes of this chapter) refuse to provide, or withdraw, inspection service under this chapter with respect to any establishment 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 upon 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 paragraph a person shall be deemed to be responsibly connected with the business if he was 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.

(b)Upon the withdrawal of inspection service from any official establishment for failure to destroy condemned poultry products as required under section 455 of this title, or other failure of an official establishment to comply with the requirements as to premises, facilities, or equipment, or the operation thereof, as provided in section 456 of this title, or the refusal of inspection service to any applicant therefor because of failure to comply with any requirements under section 456 of this title, the applicant for, or recipient of, the service shall, upon request, be afforded opportunity for a hearing with respect to the merits or validity of such action; but such withdrawal or refusal shall continue in effect unless otherwise ordered by the Secretary.

(c)The determination and order of the Secretary when made after opportunity for hearing, with respect to withdrawal or refusal of inspection service under this chapter 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 as provided in section 457 of this title. 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.

Notes & Related Subsidiaries

Editorial Notes

Amendments

1968—Par. (a). Pub. L. 90–492 substituted provisions authorizing the Secretary to refuse or withdraw inspection services subsequent to a hearing determining that the applicant or recipient is unfit to engage in any business requiring inspection under this chapter based upon the specified considerations, for provisions granting the Secretary exclusive jurisdiction within the scope of this chapter and exempting poultry and poultry products from the provisions of the Federal Food, Drug, and Cosmetic Act, as amended, to the extent of the application or the extension thereof of the provisions of this chapter. Par. (b). Pub. L. 90–492 substituted provisions granting a hearing, upon request by the applicant or recipient, to determine the merits and validity of the withdrawal or refusal of inspection services and continuing such withdrawal or refusal in effect, unless otherwise ordered by the Secretary, for provisions authorizing the Secretary to cooperate with other branches of government and with State agencies and to conduct examinations, investigations, and inspections through any officer or employee of a State commissioned by the Secretary for such purpose. Par. (c). Pub. L. 90–492 added par. (c).

Statutory Notes and Related Subsidiaries

Effective Date

of 1968 AmendmentAmendment by Pub. L. 90–492 effective Aug. 18, 1968, see section 20 of Pub. L. 90–492, set out as a note under section 451 of this title.

§467 Inspection services