21 U.S.C. § 606

Inspection and labeling of meat food products

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(a) In general

For the purposes hereinbefore set forth the Secretary shall cause to be made, by inspectors appointed for that purpose, an examination and inspection of all meat food products prepared for commerce in any slaughtering, meat-canning, salting, packing, rendering, or similar establishment, and for the purposes of any examination and inspection and inspectors shall have access at all times, by day or night, whether the establishment be operated or not, to every part of said establishment; and said inspectors shall mark, stamp, tag, or label as “Inspected and passed” all such products found to be not adulterated; and said inspectors shall label, mark, stamp, or tag as “Inspected and condemned” all such products found adulterated, and all such condemned meat food products shall be destroyed for food purposes, as hereinbefore provided, and the Secretary may remove inspectors from any establishment which fails to so destroy such condemned meat food products: Provided, That subject to the rules and regulations of the Secretary the provisions of this section in regard to preservatives shall not apply to meat food products for export to any foreign country and which are prepared or packed according to the specifications or directions of the foreign purchaser, when no substance is used in the preparation or packing thereof in conflict with the laws of the foreign country to which said article is to be exported; but if said article shall be in fact sold or offered for sale for domestic use or consumption then this proviso shall not exempt said article from the operation of all the other provisions of this chapter.11 See References in Text note below.

(b) Certain fish

In the case of an examination and inspection under subsection (a) of a meat food product derived from any fish described in section 601(w)(2) of this title, the Secretary shall take into account the conditions under which the fish is raised and transported to a processing establishment.

(Mar. 4, 1907, ch. 2907, title I, § 6, as added Pub. L. 110–234, title XI, § 11016(b)(1)(B), May 22, 2008, 122 Stat. 1369, and Pub. L. 110–246, § 4(a), title XI, § 11016(b)(1)(B), June 18, 2008, 122 Stat. 1664, 2131; amended Pub. L. 113–79, title XII, § 12106(a)(2), Feb. 7, 2014, 128 Stat. 981.)Editorial NotesReferences in Text

This chapter, referred to in subsec. (a), probably should have been a reference to this Act in the original, meaning the Federal Meat Inspection Act, titles I to V of act Mar. 4, 1907, ch. 2907, as added Dec. 15, 1967, Pub. L. 90–201, 81 Stat. 584, which are classified generally to subchapters I to IV–A of this chapter.

Codification

Pub. L. 110–234 and Pub. L. 110–246 enacted identical sections and repealed former section 6 of act Mar. 4, 1907. Pub. L. 110–234 was repealed by section 4(a) of Pub. L. 110–246.

Prior Provisions

A prior section 606, acts Mar. 4, 1907, ch. 2907, title I, § 6, formerly 4th par., 34 Stat. 1261; renumbered § 6 and amended Pub. L. 90–201, §§ 1, 3, 12(e), Dec. 15, 1967, 81 Stat. 584, 588, 592; Pub. L. 99–641, title IV, § 403(a), Nov. 10, 1986, 100 Stat. 3567, was formerly classified to section 74 of this title and was repealed by Pub. L. 110–234, title XI, § 11016(b)(1)(B), May 22, 2008, 122 Stat. 1369, and Pub. L. 110–246, § 4(a), title XI, § 11016(b)(1)(B), June 18, 2008, 122 Stat. 1664, 2131. Prior to repeal, section read as follows: “For the purposes hereinbefore set forth the Secretary shall cause to be made, by inspectors appointed for that purpose, an examination and inspection of all meat food products prepared for commerce in any slaughtering, meat-canning, salting, packing, rendering, or similar establishment, and for the purposes of any examination and inspection and inspectors shall have access at all times, by day or night, whether the establishment be operated or not, to every part of said establishment; and said inspectors shall mark, stamp, tag, or label as ‘Inspected and passed’ all such products found to be not adulterated; and said inspectors shall label, mark, stamp, or tag as ‘Inspected and condemned’ all such products found adulterated, and all such condemned meat food products shall be destroyed for food purposes, as hereinbefore provided, and the Secretary may remove inspectors from any establishment which fails to so destroy such condemned meat food products: Provided, That subject to the rules and regulations of the Secretary the provisions of this section in regard to preservatives shall not apply to meat food products for export to any foreign country and which are prepared or packed according to the specifications or directions of the foreign purchaser, when no substance is used in the preparation or packing thereof in conflict with the laws of the foreign country to which said article is to be exported; but if said article shall be in fact sold or offered for sale for domestic use or consumption then this proviso shall not exempt said article from the operation of all the other provisions of this chapter.”

Amendments

2014—Subsec. (b). Pub. L. 113–79 added subsec. (b) and struck out former subsec. (b). Prior to amendment, text read as follows: “In the case of an examination and inspection under subsection (a) of a meat food product derived from catfish, the Secretary shall take into account the conditions under which the catfish is raised and transported to a processing establishment.”

Statutory Notes and Related SubsidiariesEffective Date of 2014 Amendment

Amendment by Pub. L. 113–79 effective as if enacted as part of section 11016(b) of Pub. L. 110–246, see section 12106(c) of Pub. L. 113–79, set out as a note under section 601 of this title.

Effective Date

Enactment of this section and repeal of former section 6 of act Mar. 4, 1907, and Pub. L. 110–234 by Pub. L. 110–246 effective May 22, 2008, the date of enactment of Pub. L. 110–234, except as otherwise provided, see section 4 of Pub. L. 110–246, set out as a note under section 8701 of Title 7, Agriculture.

Notes of Decisions

Cited in 17 cases (1 in the last 5 years), 1973–2021 · leading case: Cedar Point Nursery v. Hassid, 594 U.S. 139 (2021).

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Cedar Point Nursery v. Hassid, 594 U.S. 139 (2021). “workplace or environment where work is per- formed” during “regular working hours and at other reason- able times”); 21 U. S. C. §606 (a) (authorizing “examination and inspection of all meat food products .”

Nadine Pellegrino v. TSA, 937 F.3d 164 (3rd Cir. 2019). · cites it 2× “, 21 U.S.C. § 606 (a) (providing for “an examination and inspection of all meat food products”); 15 U.”

Pellegrino v. U.S. Transp. SEC. Admin., 896 F.3d 207 (3rd Cir. 2018). · cites it 2× “§ 330c(a); FDA inspectors may make “examination and inspection of all meat food products prepared for commerce in any slaughtering, meat- canning, salting, packing, rendering, or similar establishment” and “shall have access at all times, by day or night, whether the…”

Am. Meat Inst. v. Leeman, 180 Cal. App. 4th 728 (Cal. Ct. App. 2009). “( 21 U.S.C. § 606 .) As relevant here, meat is adulterated if, among other things, “it bears or contains any poisonous or deleterious substance which may render it injurious to health; but in case the substance is not an added substance, such article shall not be considered…”

Cavel Int'l, Inc. v. Madigan, 500 F.3d 551 (7th Cir. 2007). “, 21 U.S.C. § 606 , rather than with preserving the production of particular types of meat for people to eat.”

Supreme Beef Processors, Inc. v. United States Dep't of Agric., 275 F.3d 432 (5th Cir. 2001). “V We AFFIRM and REMAND with instructions that the final judgment of the district court be amended to include the National Meat Association.”

United Source One, Inc. v. United States Dep't of Agric., Food Saf. & Inspection Serv., 865 F.3d 710 (D.C. Cir. 2017). · cites it 2× “” 21 U.S.C. § 606 (a). Commercial meat products that meet the FMIA’s standards are marked as “[i]nspected and passed.”

Original Honey Baked Ham Co. of Georgia, Inc. v. Glickman, 172 F.3d 885 (D.C. Cir. 1999). · cites it 3× “See 21 U.S.C. § 606 . The Meat Inspection Act defines “prepared” as “slaughtered, canned, salted, rendered, boned, cut up, or otherwise manufactured or processed.”

D & W Food Centers, Inc. v. Block, 786 F.2d 751 (6th Cir. 1986). · cites it 4× “On the basis of briefs and stipulated facts, the district court issued a declaration that D & W’s pizza-making operation was not covered by the continuous inspection provision of the Federal Meat Inspection Act, 21 U.S.C. § 606 (1982) (FMIA), and an injunction prohibiting…”

Chip Steak, Inc. v. Hardin, 353 F. Supp. 438 (N.D. Cal. 1973). · cites it 18× “2 In addition to the foregoing inspections, Subchapter I of the Act also requires, in 21 U.S.C. § 606 , that meat food products, such as those prepared by Chip Steak, must themselves undergo *440 USDA inspection at Chip Steak’s plant to insure that these meat food products are…”

Bub Davis Packing Co., Inc. v. United States, 443 F. Supp. 589 (W.D. Tex. 1977). “*593 Finally, a portion of 21 U.S.C. § 606 bears emphasis regarding the inspection powers of the Secretary of Agriculture: For the purposes hereinbefore set forth, the Secretary shall cause to be made, by inspectors appointed for that purpose, an examination and inspection of…”

United States v. Schaffer, Archibald, 183 F.3d 833 (D.C. Cir. 1999). “§ 604 , the inspection of all meat food products prepared for commerce, see 21 U.S.C. § 606 , and inspections of all establishments where meat is slaughtered, salted, packed, or rendered.”

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