21 U.S.C. § 608
Sanitary inspection and regulation of slaughtering and packing establishments; rejection of adulterated meat or meat food products
The Secretary shall cause to be made, by experts in sanitation or by other competent inspectors, such inspection of all slaughtering, meat canning, salting, packing, rendering, or similar establishments in which amenable species are slaughtered and the meat and meat food products thereof are prepared for commerce as may be necessary to inform himself concerning the sanitary conditions of the same, and to prescribe the rules and regulations of sanitation under which such establishments shall be maintained; and where the sanitary conditions of any such establishment are such that the meat or meat food products are rendered adulterated, he shall refuse to allow said meat or meat food products to be labeled, marked, stamped or tagged as “inspected and passed.”
Notes of Decisions
Cited in 16
cases (1 in the last 5 years), 1977–2023 · leading case: United Source One, Inc. v. United States Department of Agriculture, Food Safety & Inspection Service
United Source One, Inc. v. United States Department of Agriculture, Food Safety & Inspection Service (2017)
“See 21 U.S.C. § 608 (“The Secretary shall cause to be made .”
United States v. Nova Scotia Food Products Corp., David Sklar and Emanuel Sklar, and National Fisheries Institute, Inter (1977)
“Third, analogously, the Meat Inspection Act of 1907 (now codified as amended at 21 U.S.C. § 608 ), which hardly provided a clearer standard than does the “insanitary conditions” provision in the Food and Drug Act, has regulations under it concerning mandatory temperatures for…”
Craten v. Foster Poultry Farms Inc. (2018)
“3 In Supreme Beef, a plaintiff meat processor claimed that the USDA exceeded its authority under the Federal Meat Inspection Act ("FMIA")-which is materially identical to the PPIA, but covers processors of "cattle, sheep, swine, goats, horses, mules, and other equines" instead…”
Supreme Beef Processors, Inc. v. United States Department of Agriculture (2001)
“21 U.S.C. § 608 . 23 . Butz, 511 F.2d at 334 ("American housewives and cooks normally are not ignorant or stupid and their methods of preparing and cooking of food do not ordinarily result in salmonellosis.”
United States v. Espy (1997)
“See 21 U.S.C. § 608 . The Meat Inspection Act did not define who could be a meat’inspector.”
Zayler v. Department of Agriculture (2004)
“See 21 U.S.C. § 608 . The Secretary of the USDA (“Secretary”) is required by statute to inspect the meat supply of the United States, and to bar the sale of such products that fail inspection.”
Moyer Packing Co. v. United States (2008)
“2007) (quoting 21 U.S.C. § 608 ). The FMIA specifically requires that “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 livestock.”
Koretoff v. Schaefer (2012)
“21 U.S.C. § 608 ; see Supreme Beef Processors, 275 F.”
Supreme Beef Processors, Inc. v. United States Department of Agriculture (2000)
“Further, “where the sanitary conditions of any such establishment are such that the meat or meat food products are rendered adulterated, [the Secretary] shall refuse to allow said meat or meat food products to be labeled, marked, stamped, or tagged as ‘inspected and passed.”
FPL Food, LLC v. United States Department of Agriculture (2009)
“” 21 U.S.C. § 608 . The Act grants the USDA the authority to “make such rules and regulations as are necessary for the efficient execution” of the Act.”
United States v. Schaffer, Archibald (1999)
“See 21 U.S.C. § 608 . The Secretary’s duty to make all necessary rules and regulations lacks the particularized focus of the term “official act,” whether or not the Secretary were to take certain official acts in fulfilling this duty.”
Local No. P-1236, Amalgamated Meat Cutters & Butcher Workmen v. Jones Dairy Farm (1981)
“ectors, such inspection of all slaughtering, meat canning, salting, packing, rendering, or similar establishments in which cattle, sheep, swine, goats, horses, mules, and other equines are slaughtered and the meat and meat food products thereof are prepared for commerce as may…”
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