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100 STAT. 3572

PUBLIC LAW 99-641–NOV. 10, 1986

(b) TEMPORARY APPLICATION OF EXISTING LAW.-Sections 6, 9, and 21 of the Federal Meat Inspection Act (21 U.S.C. 606, 609, and 621), as in effect immediately before the date of the enactment of this Act, shall apply with respect to establishments until the Secretary of Agriculture first issues rules and regulations to implement the amendments made by section 403(a).

Approved November 10, 1986.

99 STAT. 1634

Prohibition.

Animals.
Prohibition.

Study.

Regulations.
Animals.

Reports.

PUBLIC LAW 99–198–DEC. 23, 1985

INSPECTION AND OTHER STANDARDS FOR IMPORTED MEAT AND MEAT
FOOD PRODUCTS

SEC. 1702. (a) Section 20(f) of the Federal Meat Inspection Act (21 U.S.C. 620(f)) is amended by striking out the last sentence and inserting in lieu thereof the following: "Each foreign country from which such meat articles are offered for importation into the United States shall obtain a certification issued by the Secretary stating that the country maintains a program using reliable analytical methods to ensure compliance with the United States standards for residues in such meat articles. No such meat article shall be permitted entry into the United States from a country for which the Secretary has not issued such certification. The Secretary shall periodically review such certifications and shall revoke any certification if the Secretary determines that the country involved is not maintaining a program that uses reliable analytical methods to ensure compliance with United States standards for residues in such meat articles. The consideration of any application for a certification under this subsection and the review of any such certification, by the Secretary, shall include the inspection of individual establishments to ensure that the inspection program of the foreign country involved is meeting such United States standards.".

(b) Section 20 of the Federal Meat Inspection Act (21 U.S.C. 620) is amended by adding at the end thereof the following:

"g) The Secretary may prescribe terms and conditions under which cattle, sheep, swine, goats, horses, mules, and other equines that have been administered an animal drug or antibiotic banned for use in the United States may be imported for slaughter and human consumption. No person shall enter cattle, sheep, swine, goats, horses, mules, and other equines into the United States in violation of any order issued under this subsection by the Secretary.".

EXAMINATION AND REPORT OF LABELING AND SANITATION STANDARDS
FOR IMPORTATION OF AGRICULTURAL COMMODITIES

SEC. 1703. (a)(1) The Comptroller General of the United States shall conduct a study of Department of Health and Human Services and Department of Agriculture product purity and inspection requirements and regulations currently in effect for imported food products and agricultural commodities. The study shall evaluate the effectiveness of Federal regulations and inspection procedures to detect prohibited chemical residues and foreign matter in or on food or raw agricultural commodities in processed or unprocessed form. (2) The study shall include a review of Federal regulations and inspection procedures currently in effect to detect in imported live animals chemicals and chemical residues the use of which is prohibited in the production of domestic live animals.

(3) The study shall include recommendations regarding the feasibility of requiring that quality control reports relating to product purity and inspection procedures be submitted from processing plants certified by the Secretary of Agriculture as eligible to export meat and meat food products to the United States.

(4) The study shall include recommendations on the adequacy of the Department of Health and Human Services and the Department of Agriculture to prescribe and enforce food sanitation requirements

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PUBLIC LAW 99-198-DEC. 23, 1985

and chemical and chemical residue standards for imported agricultural commodities and food products.

(b) The study also shall evaluate the feasibility of requiring all imported meat and meat food products, agricultural commodities, and products of such commodities to bear a label stating the country of origin of such commodities and products. The study shall include an evaluation of the feasibility of requiring any person owning or operating an eating establishment that serves any meat or meat food product required to be marked or labeled under paragraph (1) or (2) of section 7(c) of the Federal Meat Inspection Act (21 U.S.C. 607(c)) to inform individuals purchasing food from such establishment that meat or meat food products served at the establishment may be imported articles

(1) by displaying a sign indicating that imported meat is served in such establishment; or

99 STAT. 1635

(2) by providing the information specified in paragraph (1) of such section 7(c) on the menus offered to such individuals. (c) The Secretary shall submit the results of the study conducted under subsection (a) to the Committee on Agriculture of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate not later than one year after the date of enactment of this Act.

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(a) Requirements for shipping containers and immediate containers; nonconsumer packaged carcasses.

(b) Labeling requirements; definitions and standards of identity or composition or articles and standards of fill of container; standards consistent with Federal Food, Drug, and Cosmetic Act; consistency between Federal and State standards.

(c) Use of trade names; false or misleading marking or labeling; misleading form or size of container.

(d) Withholding use of false or misleading mark, label, or container size or form; modification; hearing; conclusiveness of determination; appeal.

458.

Prohibited acts.

459.

460.

461.

462.

463.

464.

Compliance by all establishments. Miscellaneous activities subject to regulation.

(a) Prohibition of inspection of articles not intended for use as human food; denaturation or other identification prior to distribution in commerce; inedible articles.

(b) Recordkeeping requirements; persons liable; scope of disclosure; access to places of business; examination of records, facilities, and inventories; copies; samples.

(c) Registration of business, name of person, and trade names.

(d) Regulation of transactions, transportation, or importation of dead, dying, disabled or diseased poultry or carcasses to prevent use 25 human food.

467.

467a.

467b.

467c.

467d.

467e.

(e) Federal

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

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Limitations upon entry of poultry products
and other materials into official establish-
ments.
Imports.

(a) Compliance with standards and regu-
lations; status after importation.
(b) Rules and regulations; destruction
and exportation of refused imports.
(c) Storage, cartage and labor charges
for imports refused admission.

Inspection services.

(a) Refusal or withdrawal; hearing; business unfitness based upon certain convictions; persons responsibly

connected with the business.

(b) Hearing to determine validity of withdrawal or refusal of inspection services; continuation of withdrawal or refusal.

(c) Finality and conclusiveness of determination; judicial review; record. Administrative detention; duration; pending Judicial proceedings; notification of government authorities; release; removal of official marks.

Seizure and condemnation.

(a) Proceedings in rem; libel of information; jurisdiction; disposal by destruction or sale; proceeds into the Treasury; sales restrictions; bonds; court costs and fees, storage, and other expenses against claimants; jury trial; United States as plaintiff.

(b) Condemnation or seizure under other provisions unaffected. Federal court jurisdiction of enforcement and injunction proceedings and other kinds of cases; limitations; United States 25 plaintiff; subpenas. Administration and enforcement; applicability of penalty provisions; conduct of inquiries; power and jurisdiction of courts. Non-Federal jurisdiction of federally regulated matters; prohibition of additional or different requirements for establishments with inspection services and as to marking, labeling, packaging, and ingredients; recordkeeping and related requirements; concurrent jurisdiction over distribution for human food purposes of adulterated or misbranded and imported articles; other matters.

Federal Food, Drug, and Cosmetic Act applications.

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

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

Cost of inspection; overtime.

Authorization of appropriations.

Reports to Congress.

CHAPTER REFERRED TO IN OTHER SECTIONS This chapter is referred to in section 321 of this title.

§ 451. Congressional statement of findings

Poultry and poultry products are an important source of the Nation's total supply of food. They are consumed throughout the Nation and the major portion thereof moves in interstate or foreign commerce. It is essential in the

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