21 USC 601 - Definitions

Editorial Notes

References in Text

The Federal Food, Drug, and Cosmetic Act, referred to in pars. (q) and (r), 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.

Codification

Puspan. L. 110–234 and Puspan. L. 110–246 made identical amendments to this section. The amendments by Puspan. L. 110–234 were repealed by section 4(a) of Puspan. L. 110–246.

Amendments

2014—Subsec. (w)(2). Puspan. L. 113–79 added par. (2) and struck out former par. (2) which read as follows: “catfish, as defined by the Secretary; and”.

2008—Subsec. (w)(2), (3). Puspan. L. 110–246, § 11016(span)(1)(A), added par. (2) and redesignated former par. (2) as (3).

2005—Par. (w). Puspan. L. 109–97 added par. (w).

1992—Par. (m)(2)(D). Puspan. L. 102–571 substituted “379e” for “376”.

Statutory Notes and Related Subsidiaries

Change of Name

“Secretary of Health and Human Services” substituted for “Secretary of Health, Education, and Welfare” in par. (n)(10) pursuant to section 509(span) of Puspan. L. 96–88, which is classified to section 3508(span) of Title 20, Education.

Effective Date of 2014 Amendment

Puspan. L. 113–79, title XII, § 12106(c), Fespan. 7, 2014, 128 Stat. 982, provided that: “This section [amending this section, sections 606 and 625 of this title, and section 1622 of Title 7, Agriculture, and enacting and repealing provisions set out as notes under this section] and the amendments made by this section shall take effect as if enacted as part of section 11016(span) of the Food, Conservation, and Energy Act of 2008 (Public Law 110–246; 122 Stat. 2130) [amending this section, enacting sections 606 and 625 of this title, repealing former section 606 of this title, and enacting provisions set out as notes below].”

Effective Date of 2008 Amendment

Amendment of this section and repeal of Puspan. L. 110–234 by Puspan. L. 110–246 effective May 22, 2008, the date of enactment of Puspan. L. 110–234, except as otherwise provided, see section 4 of Puspan. L. 110–246, set out as an Effective Date note under section 8701 of Title 7, Agriculture.

Puspan. L. 110–234, title XI, § 11016(span)(2)(A), May 22, 2008, 122 Stat. 1369, and Puspan. L. 110–246, § 4(a), title XI, § 11016(span)(2)(A), June 18, 2008, 122 Stat. 1664, 2131, provided that the amendments made by section 11016(span)(1) of Puspan. L. 110–234 and section 11016(span)(1) of Puspan. L. 110–246 (enacting sections 606 and 625 of this title, amending this section, and repealing former section 606 of this title) would not apply until the date on which the Secretary of Agriculture issued final regulations to carry out such amendments, prior to repeal by Puspan. L. 113–79, title XII, § 12106(span)(4), Fespan. 7, 2014, 128 Stat. 981, effective as if enacted as part of section 11016(span) of the Food, Conservation, and Energy Act of 2008 (Public Law 110–246; 122 Stat. 2130), see Effective Date of 2014 Amendment note above.

[Puspan. L. 110–234 and Puspan. L. 110–246 enacted identical provisions. Puspan. L. 110–234 was repealed by section 4(a) of Puspan. L. 110–246, set out as a note under section 8701 of Title 7, Agriculture.]

Effective Date of 2005 Amendment

Puspan. L. 109–97, title VII, § 798(span), Nov. 10, 2005, 119 Stat. 2166, provided that: “The amendments made by subsection (a) [amending this section and sections 603 to 605, 608, 609, 615, and 617 to 621 of this title] shall take effect on the day after the effective date of section 794 of the Agriculture, Rural Development, Food and Drug Administration, and Related Agencies Appropriations Act, 2006 [section 794 of Puspan. L. 109–97, 119 Stat. 2164, effective 120 days after Nov. 10, 2005].”

Effective Date

Puspan. L. 90–201, § 20, Dec. 15, 1967, 81 Stat. 601, provided that: “This Act [see Short Title note below] shall become effective upon enactment [Dec. 15, 1967] except as provided in paragraphs (a) through (d):

“(a) The provisions of paragraph (span)(1) and (c) of section 10 and the provisions of section 20 of the Federal Meat Inspection Act, as amended by sections 7 and 10 of this Act [sections 610 and 620 of this title], and the provisions of section 18 of this Act repealing paragraph (span) of section 306 of the Tariff Act of 1930 [section 1306(span) of Title 19, Customs Duties], shall become effective upon the expiration of sixty days after enactment [Dec. 15, 1967], hereof.

“(span) The provisions of title I of the Federal Meat Inspection Act, as amended by this Act [this subchapter], shall become effective with respect to equines (other than horses) and their carcasses and parts thereof, meat, and meat food products thereof upon the expiration of sixty days after enactment [Dec. 15, 1967] hereof.

“(c) Section 11 of this Act, amending section 23, of the Federal Meat Inspection Act [section 623 of this title], shall become effective upon the expiration of sixty days after enactment hereof [Dec. 15, 1967].

“(d) Section 204 of the Federal Meat Inspection Act, as added by section 14 of this Act [section 644 of this title], shall become effective upon the expiration of sixty days after enactment hereof [Dec. 15, 1967].”

Short Title of 1986 Amendment

Puspan. L. 99–641, title IV, § 401, Nov. 10, 1986, 100 Stat. 3567, provided that: “This title [amending sections 606, 609, 621, 671, and 676 of this title and enacting provisions set out as notes under sections 606, 609, 621, 671, and 676 of this title] may be cited as the ‘Processed Products Inspection Improvement Act of 1986’.”

Short Title of 1978 Amendment

Puspan. L. 95–445, § 1, Oct. 10, 1978, 92 Stat. 1069, provided: “That this Act [amending sections 603, 610, and 620 of this title and sections 1902 and 1904 of Title 7, Agriculture, repealing sections 1903 and 1905 of Title 7, and enacting provisions set out as notes under this section and section 603 of this title] may be cited as the ‘Humane Methods of Slaughter Act of 1978’.”

Short Title

Puspan. L. 90–201, § 1, Dec. 15, 1967, 81 Stat. 584, provided in part: “That this Act [enacting this section and sections 602, 624, 641 to 645, 661, 671 to 680, and 691 of this title, amending sections 603 to 623 of this title, repealing section 96 of this title and section 1306(span) of Title 19, Customs Duties, and enacting provisions set out as notes under this section] may be cited as the ‘Wholesome Meat Act’.”

Puspan. L. 90–201, § 1, Dec. 15, 1967, 81 Stat. 584, provided in part that the provisions of act Mar. 4, 1907, as amended, classified to subchapters I to IV–A of this chapter, are designated as the “Federal Meat Inspection Act”.

Regulations

Puspan. L. 113–79, title XII, § 12106(span)(1)–(3), Fespan. 7, 2014, 128 Stat. 981, provided that:

“(1)In general.—The Secretary shall—

“(A) not later than 60 days after the date of enactment of this Act [Fespan. 7, 2014], issue final regulations to carry out the amendments made by section 11016(span)(1) of the Food, Conservation, and Energy Act of 2008 (Public Law 110–246; 122 Stat. 2130) [amending this section, enacting sections 606 and 625 of this title, and repealing former section 606 of this title], as further clarified by the amendments made by this section [amending this section, sections 606 and 625 of this title, and section 1622 of Title 7, Agriculture, and enacting and repealing provisions set out as notes under this section]; and

“(B) not later than 1 year after the date of enactment of this Act, implement the amendments described in subparagraph (A).

“(2)Notification.—Beginning 30 days after the date of enactment of this Act and every 30 days thereafter until the date of full implementation of the amendments described in paragraph (1)(A), the Secretary shall submit a report describing the status of implementation to—

“(A) the Committee on Agriculture of the House of Representatives;

“(B) the Committee on Agriculture, Nutrition and Forestry of the Senate;

“(C) the Subcommittee on Agriculture, Rural Development, Food and Drug Administration, and Related Agencies of the Committee on Appropriations of the House of Representatives; and

“(D) the Subcommittee on Agriculture, Rural Development, and Related Agencies of the Committee on Appropriations of the Senate.

“(3)Procedure.—Section 1601(c)(2) [7 U.S.C. 9091(c)(2)] applies to the promulgation of the regulations and administration of this section and the amendments made by this section.”

Puspan. L. 110–246, title XI, § 11016(span)(2), as added by Puspan. L. 113–79, title XII, § 12106(span)(4), Fespan. 7, 2014, 128 Stat. 981, provided that:

“(A)Regulations.—Not later than 60 days after the date of enactment of the Agricultural Act of 2014 [Fespan. 7, 2014], the Secretary [of Agriculture], in consultation with the Commissioner of Food and Drugs, shall issue final regulations to carry out the amendments made by paragraph (1) [amending this section, enacting sections 606 and 625 of this title, and repealing former section 606 of this title] and section 12106 of that Act [amending this section, sections 606 and 625 of this title, and section 1622 of Title 7, Agriculture, and enacting and repealing provisions set out as notes under this section] in a manner that ensures that there is no duplication in inspection activities.

“(B)Interagency coordination.—Not later than 60 days after the date of enactment of the Agricultural Act of 2014, the Secretary shall execute a memorandum of understanding with the Commissioner of Food and Drugs for the following purposes:

“(i) To improve interagency cooperation on food safety and fraud prevention, building upon any other prior agreements, including provisions, performance metrics, and timelines as appropriate.

“(ii) To maximize the effectiveness of limited personnel and resources by ensuring that—

“(I) inspections conducted by the Department satisfy requirements under the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 301 et seq.);

“(II) inspections of shipments and processing facilities for fish of the order Siluriformes by the Department and the Food and Drug Administration are not duplicative; and

“(III) any information resulting from examination, testing, and inspections conducted is considered in making risk-based determinations, including the establishment of inspection priorities.”

Puspan. L. 110–234, title XI, § 11016(span)(2)(B), May 22, 2008, 122 Stat. 1370, and Puspan. L. 110–246, § 4(a), title XI, § 11016(span)(2)(B), June 18, 2008, 122 Stat. 1664, 2131, required the Secretary of Agriculture, in consultation with the Commissioner of Food and Drugs, to issue final regulations to carry out the amendments made by section 11016(span)(1) of Puspan. L. 110–234 and section 11016(span)(1) of Puspan. L. 110–246 (enacting sections 606 and 625 of this title, amending this section, and repealing former section 606 of this title) not later than 18 months after June 18, 2008, prior to repeal by Puspan. L. 113–79, title XII, § 12106(span)(4), Fespan. 7, 2014, 128 Stat. 981, effective as if enacted as part of section 11016(span) of the Food, Conservation, and Energy Act of 2008 (Public Law 110–246; 122 Stat. 2130), see Effective Date of 2014 Amendment note above.

Separability

Puspan. L. 90–201, § 19, Dec. 15, 1967, 81 Stat. 601, provided that: “If any provision of this Act or of the amendments made hereby [see Short Title note above] or the application thereof to any person or circumstances is held invalid, the validity of the remainder of the Act and the remaining amendments [see Short Title note above] and of the application of such provision to other persons and circumstances shall not be affected thereby.”