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

Summary

Keeps any power the Federal Food, Drug, and Cosmetic Act gave before December 15, 1967 from being reduced by the rules in this chapter, even if another law says something different. It also lets authorized representatives of the Secretary of Health and Human Services use the hold-or-seize power in section 672 to enforce the FD&C Act for whole carcasses, parts, meat, or meat products of cattle, sheep, swine, goats, or horses that are outside places where inspection is being done, and when section 672 first says "the Secretary" it means the Secretary of Health and Human Services.

Title 21, §679

Food and Drugs — Source: USLM XML via OLRC

(a)Notwithstanding any other provisions of law, including section 1002(b) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 392(a)), the provisions of this chapter shall not derogate from any authority conferred by the Federal Food, Drug, and Cosmetic Act [21 U.S.C. 301 et seq.] prior to December 15, 1967.

(b)The detainer authority conferred by section 672 of this title shall apply to any authorized representative of the Secretary of Health and Human Services for purposes of the enforcement of the Federal Food, Drug, and Cosmetic Act [21 U.S.C. 301 et seq.] with respect to any carcass, part thereof, meat, or meat food product of cattle, sheep, swine, goats, or equines that is outside any premises at which inspection is being maintained under this chapter, and for such purposes the first reference to the Secretary in section 672 of this title shall be deemed to refer to the Secretary of Health and Human Services.

Notes & Related Subsidiaries

Editorial Notes

References in Text

The Federal Food, Drug, and Cosmetic Act, referred to in subsec. (b), 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.

Amendments

2009—Subsec. (a). Pub. L. 111–31 substituted “section 1002(b)” for “section 902(b)”.

Statutory Notes and Related Subsidiaries

Change of Name

“Secretary of Health and Human Services” substituted for “Secretary of Health, Education, and Welfare” in subsec. (b) pursuant to section 509(b) of Pub. L. 96–88, which is classified to section 3508(b) of Title 20, Education.

§679 Application of Federal Food, Drug, and Cosmetic Act