21 U.S.C. § 604

Post mortem examination of carcasses and marking or labeling; destruction of carcasses condemned; reinspection

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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.

Notes of Decisions
Cited in 17 cases (3 in the last 5 years), 1970–2022 · leading case: Moyer Packing Co. v. United States, 567 F. Supp. 2d 737 (E.D. Pa. 2008).
Moyer Packing Co. v. United States, 567 F. Supp. 2d 737 (E.D. Pa. 2008). · cites it 3× “21 U.S.C. § 604 . FSIS inspectors conduct these post-mortem inspections.”
Am. Fed'n of Gov't Employees v. Glickman, 127 F. Supp. 2d 243 (D.D.C. 2001). · cites it 3× “See Federal Meat Inspection Act, 21 U.S.C. § 604 ; Poultry Products Inspection Act, 21 U.”
Am. Fed'n of Gov't Employees v. Veneman, 284 F.3d 125 (D.C. Cir. 2002). · cites it 3× “AFGE I held that, as implemented, the model program violated the Federal Meat Inspection Act (“FMIA”), 21 U.S.C. § 604 , and the Poultry Products Inspection Act (“PPIA”), 21 U.”
United States v. Espy, Alphonso M., 145 F.3d 1369 (D.C. Cir. 1998). “” To name a few: “the Secretary shall cause to be made by inspectors appointed for that purpose a postmortem examination and inspection of the carcasses and parts thereof of all cattle” 21 U.S.C. § 604 (1994); “the Secretary shall cause to be made a careful inspection of all…”
United Food & Com. Workers Union v. Quality Pork Processors, Inc., 36 F.4th 777 (8th Cir. 2022). “Under the Federal Meat Inspection Act, 21 U.S.C. § 604 , Food Safety and Inspection Service (“FSIS”) inspectors with the USDA monitor pork-processing plants, examining hogs before and after slaughter.”
Am. Pub. Health Ass'n v. Earl Butz, Sec'y of Dep't of Agric., 511 F.2d 331 (D.C. Cir. 1975). · cites it 2× “” 21 U.S.C. §§ 604 , 606. In the case of poultry, if the item is found to be not adulterated, the Secretary is required to affix an official inspection legend on the item or on its container.”
Am. Fed'n of Gov't Employees v. Glickman, 215 F.3d 7 (D.C. Cir. 2000). · cites it 2× “RANDOLPH, Circuit Judge: The Federal Meat Inspection Act (“FMIA”), 21 U.S.C. § 604 , and the Poultry Products Inspection Act (“PPIA”), 21 U.”
Bub Davis Packing Co., Inc. v. United States, 443 F. Supp. 589 (W.D. Tex. 1977). “For example, 21 U.S.C. § 604 provides in part as follows: 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…”
United States v. Schaffer, Archibald, 183 F.3d 833 (D.C. Cir. 1999). “§ 621 , and shall cause the inspection, in accordance with such rules and regulations, of all meat carcasses capable of use as human food, see 21 U.S.C. § 604 , the inspection of all meat food products prepared for commerce, see 21 U.”
United States v. 500 Pounds, More or Less, of Veal & Beef, 319 F. Supp. 966 (N.D. Cal. 1970). · cites it 2× “…U.S.C. §§ 71-72 (“shall be destroyed * * * by the said establishment in the presence of an inspector”) now appear in 21 U.S.C. § 604 , but while §§ 71-72 spoke only of diseased and unfit products, § 604 uses the all-inclusive term, “adulteration”. Thus it would initially…”
Utica Packing Co. v. Bergland, 511 F. Supp. 655 (E.D. Mich. 1981). “Those sections include 21 U.S.C. § 604 , § 606, and 9 CFR § 305.”
Ctr. for Food Saf. v. Perdue (N.D. Cal. 2022). · cites it 3× “als found to be not adulterated shall be marked…as “Inspected and 18 condemned”; and said inspectors shall label…as “Inspected and condemned” all carcasses and parts thereof of animals found to be 19 adulterated, and all carcasses and parts thereof thus inspected and condemned…”
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