21 U.S.C. § 679: Application of Federal Food…

Summary

It preserves the Food and Drug Administration’s powers under the Federal Food, Drug, and Cosmetic Act as they existed before December 15, 1967. Those earlier authorities are not reduced or changed by this chapter. The power in section 672 to hold or detain applies to any authorized representative of the Secretary of Health and Human Services when enforcing the FD&C Act for carcasses, parts, meat, or meat food products of cattle, sheep, swine, goats, or equines that are outside places where inspection under this chapter is taking place. In that use, the first mention of “the Secretary” in section 672 means the Secretary of Health and Human Services.

Title 21, §679

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(a)Authorities under food, drug, and cosmetic provisions unaffected

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

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