21 U.S.C. § 672

Administrative detention; duration; pending judicial proceedings; notification of governmental authorities; release

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Whenever any carcass, part of a carcass, meat or meat food product of cattle, sheep, swine, goats, horses, mules, or other equines, or any product exempted from the definition of a meat food product, or any dead, dying, disabled, or diseased cattle, sheep, swine, goat, or equine is found by any authorized representative of the Secretary upon any premises where it is held for purposes of, or during or after distribution in, commerce or otherwise subject to subchapter I or II of this chapter, and there is reason to believe that any such article is adulterated or misbranded and is capable of use as human food, or that it has not been inspected, in violation of the provisions of subchapter I of this chapter or of any other Federal law or the laws of any State or Territory, or the District of Columbia, or that such article or animal has been or is intended to be, distributed in violation of any such provisions, it may be detained by such representative for a period not to exceed twenty days, pending action under section 673 of this title or notification of any Federal, State, or other governmental authorities having jurisdiction over such article or animal, and shall not be moved by any person, firm, or corporation from the place at which it is located when so detained, until released by such representative. All official marks may be required by such representative to be removed from such article or animal before it is released unless it appears to the satisfaction of the Secretary that the article or animal is eligible to retain such marks.

Notes of Decisions

Cited in 5 cases, 1970–1984 · leading case: Harrison Wellford v. Clifford L. Hardin, Individually, & as Sec'y of Agric., 444 F.2d 21 (4th Cir. 1971).

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Harrison Wellford v. Clifford L. Hardin, Individually, & as Sec'y of Agric., 444 F.2d 21 (4th Cir. 1971). “IV, 1968); 21 U.S.C. § 672 (Supp. III, 1967). Harrison Wellford, Executive Director of the Center for Study of Responsive Law, requested disclosure under the Freedom of Information Act, 5 U.”

United States v. 2,116 Boxes of Boned Beef, 516 F. Supp. 321 (D. Kan. 1981). “The thrust of claimant’s motion was based on the Secretary of Agriculture’s alleged unlawful retention of the seized meat and offal in excess of a 20-day statutory period prior to the filing of the seizure action and in violation of 21 U.S.C. § 672 . The timely relevancy of this…”

United States v. 2,116 Boxes of Boned Beef, 726 F.2d 1481 (10th Cir. 1984). · cites it 2× “21 U.S.C. § 672 4 . Appellant reasons that to construe the former statute otherwise would violate the claimant’s due process rights.”

United States v. 500 Pounds, More or Less, of Veal & Beef, 319 F. Supp. 966 (N.D. Cal. 1970). · cites it 3× “It was pointed out that the product herein had been “retained” beyond twenty days without a charge being brought and that this violated the provisions of 21 U.S.C. § 672 . The government brought no charges under §§ 672, 673; nor was there an administrative determination that the…”

Chip Steak, Inc. v. Hardin, 353 F. Supp. 438 (N.D. Cal. 1973). · cites it 3× “Second, plaintiffs seek a mandatory injunction compelling USDA officials to “retest” Chip Steak products that have been administratively detained by USDA under 21 U.S.C. § 672 on suspicion of having excessive fat content' if the USDA’s laboratory test results, showing excessive…”

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