References in Text
The Federal Food, Drug, and Cosmetic Act, referred to in pars. (q) and (r), is act June 25, 1938, ch. 675, 52 Stat. 1040, which is classified generally to chapter 9 (§ 301 et seq.) of this title. For complete classification of this Act to the Code, see
section 301 of this title and Tables. Codification Pub. L. 110–234 and Pub. L. 110–246 made identical
Amendments
to this section. The
Amendments
by Pub. L. 110–234 were repealed by
section 4(a) of Pub. L. 110–246.
Amendments
2014—Subsec. (w)(2). Pub. L. 113–79 added par. (2) and struck out former par. (2) which read as follows: “catfish, as defined by the Secretary; and”. 2008—Subsec. (w)(2), (3). Pub. L. 110–246, § 11016(b)(1)(A), added par. (2) and redesignated former par. (2) as (3). 2005—Par. (w). Pub. L. 109–97 added par. (w). 1992—Par. (m)(2)(D). Pub. L. 102–571 substituted “379e” for “376”.
Statutory Notes and Related Subsidiaries
Change of Name
“Secretary of Health and Human Services” substituted for “Secretary of Health, Education, and Welfare” in par. (n)(10) pursuant to
section 509(b) of Pub. L. 96–88, which is classified to
section 3508(b) of Title 20, Education.
Effective Date
of 2014 Amendment Pub. L. 113–79, title XII, § 12106(c), Feb. 7, 2014, 128 Stat. 982, provided that: “This section [amending this section,
section 606 and
625 of this title, and
section 1622 of Title 7, Agriculture, and enacting and repealing provisions set out as notes under this section] and the
Amendments
made by this section shall take effect as if enacted as part of
section 11016(b) of the Food, Conservation, and Energy Act of 2008 (Public Law 110–246; 122 Stat. 2130) [amending this section, enacting
section 606 and
625 of this title, repealing former
section 606 of this title, and enacting provisions set out as notes below].”
Effective Date
of 2008 AmendmentAmendment of this section and repeal of Pub. L. 110–234 by Pub. L. 110–246 effective May 22, 2008, the date of enactment of Pub. L. 110–234, except as otherwise provided, see
section 4 of Pub. L. 110–246, set out as an
Effective Date
May 22, 2008, 122 Stat. 1369, and Pub. L. 110–246, § 4(a), title XI, § 11016(b)(2)(A),
June 18, 2008, 122 Stat. 1664, 2131, provided that the
Amendments
made by
section 11016(b)(1) of Pub. L. 110–234 and
section 11016(b)(1) of Pub. L. 110–246 (enacting
section 606 and
625 of this title, amending this section, and repealing former
section 606 of this title) would not apply until the date on which the Secretary of Agriculture issued final
Regulations
to carry out such
Amendments
, prior to repeal by Pub. L. 113–79, title XII, § 12106(b)(4), Feb. 7, 2014, 128 Stat. 981, effective as if enacted as part of
section 11016(b) of the Food, Conservation, and Energy Act of 2008 (Public Law 110–246; 122 Stat. 2130), see
Effective Date
of 2014 Amendment note above. [Pub. L. 110–234 and Pub. L. 110–246 enacted identical provisions. Pub. L. 110–234 was repealed by
section 4(a) of Pub. L. 110–246, set out as a note under
section 8701 of Title 7, Agriculture.]
Effective Date
of 2005 Amendment Pub. L. 109–97, title VII, § 798(b), Nov. 10, 2005, 119 Stat. 2166, provided that: “The
Amendments
made by subsection (a) [amending this section and sections
603 to
605, 608, 609, 615, and 617 to 621 of this title] shall take effect on the day after the
Effective Date
of
section 794 of the Agriculture, Rural Development, Food and Drug Administration, and Related Agencies Appropriations Act, 2006 [
section 794 of Pub. L. 109–97, 119 Stat. 2164, effective 120 days after Nov. 10, 2005].”
Effective Date
Pub. L. 90–201, § 20, Dec. 15, 1967, 81 Stat. 601, provided that: “This Act [see
Short Title
note below] shall become effective upon enactment [Dec. 15, 1967] except as provided in paragraphs (a) through (d): “(a) The provisions of paragraph (b)(1) and (c) of
section 10 and the provisions of
section 20 of the Federal Meat Inspection Act, as amended by
section 7 and
10 of this Act [
section 610 and
620 of this title], and the provisions of
section 18 of this Act repealing paragraph (b) of
section 306 of the Tariff Act of 1930 [
section 1306(b) of Title 19, Customs Duties], shall become effective upon the expiration of sixty days after enactment [Dec. 15, 1967], hereof. “(b) The provisions of title I of the Federal Meat Inspection Act, as amended by this Act [this subchapter], shall become effective with respect to equines (other than horses) and their carcasses and parts thereof, meat, and meat food products thereof upon the expiration of sixty days after enactment [Dec. 15, 1967] hereof. “(c)
section 11 of this Act, amending
section 23, of the Federal Meat Inspection Act [
section 623 of this title], shall become effective upon the expiration of sixty days after enactment hereof [Dec. 15, 1967]. “(d)
section 204 of the Federal Meat Inspection Act, as added by
section 14 of this Act [
section 644 of this title], shall become effective upon the expiration of sixty days after enactment hereof [Dec. 15, 1967].”
Short Title
of 1986 Amendment Pub. L. 99–641, title IV, § 401, Nov. 10, 1986, 100 Stat. 3567, provided that: “This title [amending
section 606, 609, 621, 671, and 676 of this title and enacting provisions set out as notes under
section 606, 609, 621, 671, and 676 of this title] may be cited as the ‘Processed Products Inspection Improvement Act of 1986’.”
Short Title
of 1978 Amendment Pub. L. 95–445, § 1, Oct. 10, 1978, 92 Stat. 1069, provided: “That this Act [amending
section 603, 610, and 620 of this title and
section 1902 and
1904 of Title 7, Agriculture, repealing
section 1903 and
1905 of Title 7, and enacting provisions set out as notes under this section and
section 603 of this title] may be cited as the ‘Humane Methods of Slaughter Act of 1978’.”
Short Title
Pub. L. 90–201, § 1, Dec. 15, 1967, 81 Stat. 584, provided in part: “That this Act [enacting this section and
section 602, 624, 641 to 645, 661, 671 to 680, and 691 of this title, amending sections
603 to
623 of this title, repealing
section 96 of this title and
section 1306(b) of Title 19, Customs Duties, and enacting provisions set out as notes under this section] may be cited as the ‘Wholesome Meat Act’.” Pub. L. 90–201, § 1, Dec. 15, 1967, 81 Stat. 584, provided in part that the provisions of act Mar. 4, 1907, as amended, classified to subchapters I to IV–A of this chapter, are designated as the “Federal Meat Inspection Act”.
Regulations
Pub. L. 113–79, title XII, § 12106(b)(1)–(3), Feb. 7, 2014, 128 Stat. 981, provided that: “(1) In general.—The Secretary shall—“(A) not later than 60 days after the date of enactment of this Act [Feb. 7, 2014], issue final
Regulations
to carry out the
Amendments
made by
section 11016(b)(1) of the Food, Conservation, and Energy Act of 2008 (Public Law 110–246; 122 Stat. 2130) [amending this section, enacting
section 606 and
625 of this title, and repealing former
section 606 of this title], as further clarified by the
Amendments
made by this section [amending this section,
section 606 and
625 of this title, and
section 1622 of Title 7, Agriculture, and enacting and repealing provisions set out as notes under this section]; and “(B) not later than 1 year after the date of enactment of this Act, implement the
Amendments
described in subparagraph (A). “(2) Notification.—Beginning 30 days after the date of enactment of this Act and every 30 days thereafter until the date of full implementation of the
Amendments
described in paragraph (1)(A), the Secretary shall submit a report describing the status of implementation to—“(A) the Committee on Agriculture of the House of Representatives; “(B) the Committee on Agriculture, Nutrition and Forestry of the Senate; “(C) the Subcommittee on Agriculture, Rural Development, Food and Drug Administration, and Related Agencies of the Committee on Appropriations of the House of Representatives; and “(D) the Subcommittee on Agriculture, Rural Development, and Related Agencies of the Committee on Appropriations of the Senate. “(3) Procedure.—
section 1601(c)(2) [7 U.S.C. 9091(c)(2)] applies to the promulgation of the
Regulations
and administration of this section and the
Amendments
made by this section.” Pub. L. 110–246, title XI, § 11016(b)(2), as added by Pub. L. 113–79, title XII, § 12106(b)(4), Feb. 7, 2014, 128 Stat. 981, provided that: “(A)
Regulations
.—Not later than 60 days after the date of enactment of the Agricultural Act of 2014 [Feb. 7, 2014], the Secretary [of Agriculture], in consultation with the Commissioner of Food and Drugs, shall issue final
Regulations
to carry out the
Amendments
made by paragraph (1) [amending this section, enacting
section 606 and
625 of this title, and repealing former
section 606 of this title] and
section 12106 of that Act [amending this section,
section 606 and
625 of this title, and
section 1622 of Title 7, Agriculture, and enacting and repealing provisions set out as notes under this section] in a manner that ensures that there is no duplication in inspection activities. “(B) Interagency coordination.—Not later than 60 days after the date of enactment of the Agricultural Act of 2014, the Secretary shall execute a memorandum of understanding with the Commissioner of Food and Drugs for the following purposes:“(i) To improve interagency cooperation on food safety and fraud prevention, building upon any other prior agreements, including provisions, performance metrics, and timelines as appropriate. “(ii) To maximize the effectiveness of limited personnel and resources by ensuring that—“(I) inspections conducted by the Department satisfy requirements under the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 301 et seq.); “(II) inspections of shipments and processing facilities for fish of the order Siluriformes by the Department and the Food and Drug Administration are not duplicative; and “(III) any information resulting from examination, testing, and inspections conducted is considered in making risk-based determinations, including the establishment of inspection priorities.” Pub. L. 110–234, title XI, § 11016(b)(2)(B),
May 22, 2008, 122 Stat. 1370, and Pub. L. 110–246, § 4(a), title XI, § 11016(b)(2)(B),
June 18, 2008, 122 Stat. 1664, 2131, required the Secretary of Agriculture, in consultation with the Commissioner of Food and Drugs, to issue final
Regulations
to carry out the
Amendments
made by
section 11016(b)(1) of Pub. L. 110–234 and
section 11016(b)(1) of Pub. L. 110–246 (enacting
section 606 and
625 of this title, amending this section, and repealing former
section 606 of this title) not later than 18 months after June 18, 2008, prior to repeal by Pub. L. 113–79, title XII, § 12106(b)(4), Feb. 7, 2014, 128 Stat. 981, effective as if enacted as part of
section 11016(b) of the Food, Conservation, and Energy Act of 2008 (Public Law 110–246; 122 Stat. 2130), see
Effective Date
of 2014 Amendment note above. [Pub. L. 110–234 and Pub. L. 110–246 enacted identical provisions. Pub. L. 110–234 was repealed by
section 4(a) of Pub. L. 110–246, set out as a note under
section 8701 of Title 7, Agriculture.] Separability Pub. L. 90–201, § 19, Dec. 15, 1967, 81 Stat. 601, provided that: “If any provision of this Act or of the
Amendments
made hereby [see
Short Title
note above] or the application thereof to any person or circumstances is held invalid, the validity of the remainder of the Act and the remaining
Amendments
[see
Short Title
note above] and of the application of such provision to other persons and circumstances shall not be affected thereby.”