21 U.S.C. § 604

Current through P.L. 118-107 (published on www.congress.gov on 11/21/2024)
Section 604 - Post mortem examination of carcasses and marking or labeling; destruction of carcasses condemned; reinspection

For the purposes hereinbefore set forth the Secretary shall cause to be made by inspectors appointed for that purpose a post mortem examination and inspection of the carcasses and parts thereof of all amenable species to be prepared at any slaughtering, meat-canning, salting, packing, rendering, or similar establishment in any State, Territory, or the District of Columbia as articles of commerce which are capable of use as human food; and the carcasses and parts thereof of all such animals found to be not adulterated shall be marked, stamped, tagged, or labeled as "Inspected and passed"; and said inspectors shall label, mark, stamp, or tag as "Inspected and condemned" all carcasses and parts thereof of animals found to be adulterated; and all carcasses and parts thereof thus inspected and condemned shall be destroyed for food purposes by the said establishment in the presence of an inspector, and the Secretary may remove inspectors from any such establishment which fails to so destroy any such condemned carcass or part thereof, and said inspectors, after said first inspection, shall, when they deem it necessary, reinspect said carcasses or parts thereof to determine whether since the first inspection the same have become adulterated, and if any carcass or any part thereof shall, upon examination and inspection subsequent to the first examination and inspection, be found to be adulterated, it shall be destroyed for food purposes by the said establishment in the presence of an inspector, and the Secretary may remove inspectors from any establishment which fails to so destroy any such condemned carcass or part thereof.

21 U.S.C. § 604

Mar. 4, 1907ch. 2907, title I, §4Mar. 4, 1907, formerly 2nd par., 34 Stat. 1260; renumbered §4 and amended Pub. L. 90-201, §§1, 3, 4, 12(a)-(d), Dec. 15, 1967, 81 Stat. 584, 588, 592; Pub. L. 109-97, title VII, §798 [(a)](1), Nov. 10, 2005, 119 Stat. 2166.

EDITORIAL NOTES

CODIFICATIONSection was formerly classified to section 72 of this title.

AMENDMENTS2005- Pub. L. 109-97 substituted "amenable species" for "cattle, sheep, swine, goats, horses, mules, and other equines". 1967- Pub. L. 90-201, §§3, 4, 12, struck out "interstate or foreign" before "commerce" and "of Agriculture" after "Secretary" in three places; struck out "for human consumption" before "at any slaughtering" and "for transportation or sale" after "District of Columbia" and inserted "which are capable of use as human food" after "commerce"; included horses, mules, and other equines in the list of animals; substituted "adulterated" for "unsound, unhealthful, unwholesome, or otherwise unfit for human food" after "'Inspected and condemned,' all carcasses and parts thereof of animals found to be" and before ",it shall be destroyed"; substituted "not adulterated" for "sound, healthful, wholesome, and fit for human food"; and substituted "adulterated" for "unsound, unhealthful, unwholesome, or in any way unfit for human food" before "and if any carcass", respectively.

STATUTORY NOTES AND RELATED SUBSIDIARIES

EFFECTIVE DATE OF 2005 AMENDMENT Amendment by Pub. L. 109-97 effective the day after 120 days after Nov. 10, 2005, see section 798(b) of Pub. L. 109-97 set out as a note under section 601 of this title.

EFFECTIVE DATE OF 1967 AMENDMENT Amendment by Pub. L. 90-201 effective Dec. 15, 1967, except that with respect to equines (other than horses) and their carcasses and parts thereof, meat, and meat food products thereof, amendment effective upon expiration of sixty days after Dec. 15, 1967, see section 20(b) of Pub. L. 90-201 set out as an Effective Date note under section 601 of this title.

Secretary
The term "Secretary" means the Secretary of Agriculture of the United States or his delegate.
State
The term "State" means any State of the United States and the Commonwealth of Puerto Rico.
Territory
The term "Territory" means Guam, the Virgin Islands of the United States, American Samoa, and any other territory or possession of the United States, excluding the Canal Zone.
amenable species
The term "amenable species" means-(1) those species subject to the provisions of this chapter on the day before November 10, 2005;(2) all fish of the order Siluriformes; and(3) any additional species of livestock that the Secretary considers appropriate.
commerce
The term "commerce" means commerce between any State, any Territory, or the District of Columbia, and any place outside thereof; or within any Territory not organized with a legislative body, or the District of Columbia.
label
The term "label" means a display of written, printed, or graphic matter upon the immediate container (not including package liners) of any article.
prepared
The term "prepared" means slaughtered, canned, salted, rendered, boned, cut up, or otherwise manufactured or processed.