PRIA, Government Policy, Made Personal

Summary

Poultry and poultry products are not covered by the Federal Food, Drug, and Cosmetic Act when they are covered by this chapter. But any powers that the Food, Drug, and Cosmetic Act gave before August 18, 1968 still stay in effect. The power to detain items that section 467a gives also applies to any person authorized by the Secretary of Health and Human Services when enforcing the Food, Drug, and Cosmetic Act for poultry carcasses, parts, or products outside an official establishment. In that rule, the first mention of "Secretary" in section 467a means the Secretary of Health and Human Services.

Title 21, §467f

Food and Drugs, Source: USLM XML via OLRC

(a)Exemptions; authorities under food, drug, and cosmetic provisions unaffected

Poultry and poultry products shall be exempt from the provisions of the Federal Food, Drug, and Cosmetic Act [21 U.S.C. 301 et seq.] to the extent of the application or extension thereto of the provisions of this chapter, except that the provisions of this chapter shall not derogate from any authority conferred by the Federal Food, Drug, and Cosmetic Act prior to August 18, 1968.

(b)Enforcement proceedings; detainer authority of representatives of Secretary of Health and Human Services

The detainer authority conferred by section 467a 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 poultry carcass, or part or product thereof, that is outside any official establishment, and for such purposes the first reference to the Secretary in section 467a 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 text, 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.

Statutory Notes and Related Subsidiaries

Change of Name

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

§467f Federal Food, Drug, and Cosmetic Act Applications