21 U.S.C. § 679

Application of Federal Food, Drug, and Cosmetic Act

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(a) Authorities under food, drug, and cosmetic provisions unaffected

Notwithstanding any other provisions of law, including section 1002(b) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 392(a)), the provisions of this chapter shall not derogate from any authority conferred by the Federal Food, Drug, and Cosmetic Act [21 U.S.C. 301 et seq.] prior to December 15, 1967.

(b) Enforcement proceedings; detainer authority of representatives of Secretary of Health and Human Services

The detainer authority conferred by section 672 of this title shall apply to any authorized representative of the Secretary of Health and Human Services for purposes of the enforcement of the Federal Food, Drug, and Cosmetic Act [21 U.S.C. 301 et seq.] with respect to any carcass, part thereof, meat, or meat food product of cattle, sheep, swine, goats, or equines that is outside any premises at which inspection is being maintained under this chapter, and for such purposes the first reference to the Secretary in section 672 of this title shall be deemed to refer to the Secretary of Health and Human Services.

(Mar. 4, 1907, ch. 2907, title IV, § 409, as added Pub. L. 90–201, § 16, Dec. 15, 1967, 81 Stat. 600; amended Pub. L. 96–88, title V, § 509(b), Oct. 17, 1979, 93 Stat. 695; Pub. L. 111–31, div. A, title I, § 103(o), June 22, 2009, 123 Stat. 1838.)Editorial NotesReferences in Text

The Federal Food, Drug, and Cosmetic Act, referred to in subsec. (b), 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.

Amendments

2009—Subsec. (a). Pub. L. 111–31 substituted “section 1002(b)” for “section 902(b)”.

Statutory Notes and Related SubsidiariesChange of Name

“Secretary of Health and Human Services” substituted for “Secretary of Health, Education, and Welfare” in subsec. (b) pursuant to section 509(b) of Pub. L. 96–88, which is classified to section 3508(b) of Title 20, Education.

Notes of Decisions

Cited in 3 cases, 1973–1981 · leading case: United States v. 2,116 Boxes of Boned Beef, 516 F. Supp. 321 (D. Kan. 1981).

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United States v. 2,116 Boxes of Boned Beef, 516 F. Supp. 321 (D. Kan. 1981). “Although the meat act grants the Department of Health and Human Services limited detainer authority under 21 U.S.C. § 679 (b), it does not confer upon that agency power to adopt regulations under the Meat Inspection Act.”

United States v. Articles of Food, Etc., 456 F. Supp. 207 (D. Neb. 1978). “See 21 U.S.C. § 679 . Rather the Meat Inspection Act creates a separate area of concern — meat and meat byproducts for human consumption — over which the Department of Agriculture is given additional powers in the interest of protecting the public health and welfare.”

Rath Packing Co. v. Becker, 357 F. Supp. 529 (C.D. Cal. 1973). “The provisions of 21 U.S.C. § 679 limit the state in clear and unequivocal language.”

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