Title 21 — Food and DrugsRelease 119-73

§645 Federal provisions applicable to State or Territorial business transactions of a local nature and not subject to local authority

Title 21 › Chapter CHAPTER 12— - MEAT INSPECTION › Subchapter SUBCHAPTER II— - MEAT PROCESSORS AND RELATED INDUSTRIES › § 645

Last updated Apr 6, 2026|Official source

Summary

The Secretary may use the powers in sections 642, 643, or 644 to cover people, firms, or corporations in any State or organized Territory who do the same kinds of business even if they are not in or for commerce. The Secretary must first consult the advisory committee under section 661 and decide the State or Territory either lacks equal legal authority or is not using it to carry out the chapter’s goals. That includes cases where the State does not let the Secretary or a representative enter business sites, see facilities, inventories, and records, or take reasonable samples when needed. If so, the rules in sections 642, 643, or 644 apply to those businesses as if they were in or for commerce.

Full Legal Text

Title 21, §645

Food and Drugs — Source: USLM XML via OLRC

The authority conferred on the Secretary by section 642, 643, or 644 of this title with respect to persons, firms, and corporations engaged in the specified kinds of business in or for commerce may be exercised with respect to persons, firms, or corporations engaged, in any State or organized Territory, in such kinds of business but not in or for commerce, whenever the Secretary determines, after consultation with an appropriate advisory committee provided for in section 661 of this title, that the State or territory does not have at least equal authority under its laws or such authority is not exercised in a manner to effectuate the purposes of this chapter including the State providing for the Secretary or his representative being afforded access to such places of business and the facilities, inventories, and records thereof, and the taking of reasonable samples, where he determines necessary in carrying out his responsibilities under this chapter; and in such case the provisions of section 642, 643, or 644 of this title, respectively, shall apply to such persons, firms, and corporations to the same extent and in the same manner as if they were engaged in such business in or for commerce and the transactions involved were in commerce.

Reference

Citations & Metadata

Citation

21 U.S.C. § 645

Title 21 — Food and Drugs

Last Updated

Apr 6, 2026

Release point: 119-73