21 U.S.C. § 468 — Cost of inspection; overtime

Page 736 TITLE 21—FOOD AND DRUGS § 467f 1 So in original. The word ‘‘the’’ probably should not appear. any official establishment in accordance with the requirements under this chapter, but any State or Territory or the District of Columbia may, consistent with the requirements under this chapter exercise concurrent jurisdiction with the Secretary over articles required to be inspected under this chapter for the purpose of preventing the distribution for human food pur- poses of any such articles which are adulterated or misbranded and are outside of such an estab- lishment, or, in the case of imported articles which are not at such an establishment, after their entry into the United States. This chapter shall not preclude any State or Territory or the District of Columbia from making requirement or taking other action, consistent with this chapter, with respect to any other matters regu- lated under this chapter. (Pub. L. 85–172, § 23, as added Pub. L. 90–492, § 17, Aug. 18, 1968, 82 Stat. 807.) § 467f. Federal Food, Drug, and Cosmetic Act ap- plications (a) Exemptions; authorities under food, drug, and cosmetic provisions unaffected Poultry and poultry products shall be exempt from the provisions of the Federal Food, Drug, and Cosmetic Act [21 U.S.C. 301 et seq.] to the extent of the application or extension thereto of the provisions of this chapter, except that the provisions of this chapter shall not derogate from any authority conferred by the Federal Food, Drug, and Cosmetic Act prior to August 18, 1968. (b) Enforcement proceedings; detainer authority of representatives of Secretary of Health and Human Services The detainer authority conferred by section 467a 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 poultry carcass, or part or product thereof, that is out- side any official establishment, and for such purposes the first reference to the Secretary in section 467a of this title shall be deemed to refer to the Secretary of Health and Human Services. (Pub. L. 85–172, § 24, as added Pub. L. 90–492, § 17, Aug. 18, 1968, 82 Stat. 807; amended Pub. L. 96–88, title V, § 509(b), Oct. 17, 1979, 93 Stat. 695.) Editorial Notes REFERENCES IN TEXT The Federal Food, Drug, and Cosmetic Act, referred to in text, 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. Statutory Notes and Related Subsidiaries CHANGE OF NAME ‘‘Secretary of Health and Human Services’’ sub- stituted for ‘‘Secretary of Health, Education, and Wel- fare’’ in par. (b) pursuant to section 509(b) of Pub. L. 96–88, which is classified to section 3508(b) of Title 20, Education. § 468. Cost of inspection; overtime The cost of inspection rendered under the re- quirements of this chapter, shall be borne by the United States, except the cost of overtime and holiday pay paid pursuant to the 1 section 2219a of title 7. (Pub. L. 85–172, § 25, formerly § 19, Aug. 28, 1957, 71 Stat. 448, renumbered Pub. L. 90–492, § 17, Aug. 18, 1968, 82 Stat. 805; Pub. L. 107–171, title X, § 10703(c)(1), May 13, 2002, 116 Stat. 517.) Editorial Notes REFERENCES IN TEXT Section 2219a of title 7, referred to in text, was in the original ‘‘section 10703 of the Farm Security and Rural Investment Act of 2002’’, meaning section 10703 of Pub. L. 107–171, which enacted section 2219a of Title 7, Agri- culture, amended this section, section 695 of this title, and section 5549 of Title 5, Government Organization and Employees, and repealed section 394 of Title 7. AMENDMENTS 2002—Pub. L. 107–171 substituted ‘‘except the cost of overtime and holiday pay paid pursuant to the section 2219a of title 7.’’ for ‘‘except that the cost of overtime and holiday work performed in establishments subject to the provisions of this chapter at such rates as the Secretary may determine shall be borne by such estab- lishments. Sums received by the Secretary in reim- bursement for sums paid out by him for such premium pay work shall be available without fiscal year limita- tion to carry out the purposes of this section.’’ § 469. Authorization of appropriations There is authorized to be appropriated such sums as are necessary to carry out the provi- sions of this chapter. (Pub. L. 85–172, § 26, formerly § 20, Aug. 28, 1957, 71 Stat. 449, renumbered Pub. L. 90–492, § 17, Aug. 18, 1968, 82 Stat. 805.) § 470. Omitted Editorial Notes CODIFICATION Section, Pub. L. 85–172, § 27, as added Pub. L. 90–492, § 17, Aug. 18, 1968, 82 Stat. 807; amended Pub. L. 103–437, § 8(1), Nov. 2, 1994, 108 Stat. 4588, which required the Secretary of Agriculture to report annually to the Committee on Agriculture of the House of Representa- tives and the Committee on Agriculture, Nutrition, and Forestry of the Senate on the slaughter of poultry and the processing and distribution of poultry parts and products, terminated, effective May 15, 2000, pursuant to section 3003 of Pub. L. 104–66, as amended, set out as a note under section 1113 of Title 31, Money and Fi- nance. See, also, page 46 of House Document No. 103–7. § 471. Safe Meat and Poultry Inspection Panel (a) Review and evaluation The advisory panel known as the ‘‘Safe Meat and Poultry Inspection Panel’’ established by section 679a of this title shall review and evalu- ate, as the panel considers necessary, the ade- quacy, necessity, safety, cost-effectiveness, and scientific merit of— (1) inspection procedures of, and work rules and worker relations involving Federal em-