21 U.S.C. § 661 : US Code - Section 661: Federal and State cooperation

Search 21 U.S.C. § 661 : US Code - Section 661: Federal and State cooperation

(a) Congressional statement of policy
It is the policy of the Congress to protect the consuming public
from meat and meat food products that are adulterated or misbranded
and to assist in efforts by State and other Government agencies to
accomplish this objective. In furtherance of this policy -
(1) Development and administration of State meat inspection
program equal to subchapter I ante and post mortem inspection,
reinspection, and sanitation requirements
The Secretary is authorized, whenever he determines that it
would effectuate the purposes of this chapter, to cooperate with
the appropriate State agency in developing and administering a
State meat inspection program in any State which has enacted a
State meat inspection law that imposes mandatory ante mortem and
post mortem inspection, reinspection and sanitation requirements
that are at least equal to those under subchapter I of this
chapter, with respect to all or certain classes of persons
engaged in the State in slaughtering cattle, sheep, swine, goats,
or equines, or preparing the carcasses, parts thereof, meat or
meat food products, of any such animals for use as human food
solely for distribution within such State.
(2) Development and administration of State program with
authorities equal to subchapter II authorities; cooperation
with Federal agencies
The Secretary is further authorized, whenever he determines
that it would effectuate the purposes of this chapter, to
cooperate with appropriate State agencies in developing and
administering State programs under State laws containing
authorities at least equal to those provided in subchapter II of
this chapter; and to cooperate with other agencies of the United
States in carrying out any provisions of this chapter.
(3) Scope of cooperation: advisory assistance, technical and
laboratory assistance and training, and financial and other
aid; limitation on amount; equitable allocation of Federal
funds; adequacy of State program to obtain Federal cooperation
and payments
Cooperation with State agencies under this section may include
furnishing to the appropriate State agency (i) advisory
assistance in planning and otherwise developing an adequate State
program under the State law; and (ii) technical and laboratory
assistance and training (including necessary curricular and
instructional materials and equipment), and financial and other
aid for administration of such a program. The amount to be
contributed to any State by the Secretary under this section from
Federal funds for any year shall not exceed 50 per centum of the
estimated total cost of the cooperative program; and the Federal
funds shall be allocated among the States desiring to cooperate
on an equitable basis. Such cooperation and payment shall be
contingent at all times upon the administration of the State
program in a manner which the Secretary, in consultation with the
appropriate advisory committee appointed under paragraph (4),
deems adequate to effectuate the purposes of this section.
(4) Advisory committees
The Secretary may appoint advisory committees consisting of
such representatives of appropriate State agencies as the
Secretary and the State agencies may designate to consult with
him concerning State and Federal programs with respect to meat
inspection and other matters within the scope of this chapter,
including evaluating State programs for purposes of this chapter
and obtaining better coordination and more uniformity among the
State programs and between the Federal and State programs and
adequate protection of consumers.
(b) Single State agency; subordinate governmental unit as part of
State agency
The appropriate State agency with which the Secretary may
cooperate under this chapter shall be a single agency in the State
which is primarily responsible for the coordination of the State
programs having objectives similar to those under this chapter.
When the State program includes performance of certain functions by
a municipality or other subordinate governmental unit, such unit
shall be deemed to be a part of the State agency for purposes of
this section.
(c) State meat inspection requirements
(1) Notice to Governor of nondevelopment or nonenforcement;
designation of State as subject to subchapters I and IV; delay
and revocation of designation; publication in Federal Register;
notice of production of adulterated meat or meat food products;
designation of State
If the Secretary has reason to believe, by thirty days prior to
the expiration of two years after December 15, 1967, that a State
has failed to develop or is not enforcing, with respect to all
establishments within its jurisdiction (except those that would be
exempted from Federal inspection under subparagraph (2)) at which
cattle, sheep, swine, goats, or equines are slaughtered, or their
carcasses, or parts or products thereof, are prepared for use as
human food, solely for distribution within such State, and the
products of such establishments, requirements at least equal to
those imposed under subchapter I and IV of this chapter, he shall
promptly notify the Governor of the State of this fact. If the
Secretary determines, after consultation with the Governor of the
State, or representative selected by him, that such requirements
have not been developed and activated, he shall promptly after the
expiration of such two-year period designate such State as one in
which the provisions of subchapters I and IV of this chapter shall
apply to operations and transactions wholly within such State:
Provided, That if the Secretary has reason to believe that the
State will activate such requirements within one additional year,
he may delay such designation for said period, and not designate
the State, if he determines at the end of the year that the State
then has such requirements in effective operation. The Secretary
shall publish any such designation in the Federal Register and,
upon the expiration of thirty days after such publication, the
provisions of subchapters I and IV shall apply to operations and
transactions and to persons, firms, and corporations engaged
therein in the State to the same extent and in the same manner as
if such operations and transactions were conducted in or for
commerce. Thereafter, upon request of the Governor, the Secretary
shall revoke such designation if the Secretary determines that such
State has developed and will enforce requirements at least equal to
those imposed under subchapter I and subchapter IV of this chapter:
And provided further, That, notwithstanding any other provision of
this section, if the Secretary determines that any establishment
within a State is producing adulterated meat or meat food products
for distribution within such State which would clearly endanger the
public health he shall notify the Governor of the State and the
appropriate Advisory Committee provided by section 661 of this
title of such fact for effective action under State or local law.
If the State does not take action to prevent such endangering of
the public health within a reasonable time after such notice, as
determined by the Secretary, in light of the risk to public health,
the Secretary may forthwith designate any such establishment as
subject to the provisions of subchapters I and IV of this chapter,
and thereupon the establishment and operator thereof shall be
subject to such provisions as though engaged in commerce until such
time as the Secretary determines that such State has developed and
will enforce requirements at least equal to those imposed under
subchapter I and subchapter IV of this chapter.
(2) Exemptions of retail stores, restaurants, and similar retail-
type establishments; operations conducted at a restaurant
central kitchen facility
The provisions of this chapter requiring inspection of the
slaughter of animals and the preparation of carcasses, parts
thereof, meat and meat food products shall not apply to operations
of types traditionally and usually conducted at retail stores and
restaurants, when conducted at any retail store or restaurant or
similar retail-type establishment for sale in normal retail
quantities or service of such articles to consumers at such
establishments if such establishments are subject to such
inspection provisions only under this paragraph (c). For the
purposes of this subparagraph, operations conducted at a restaurant
central kitchen facility shall be considered as being conducted at
a restaurant if the restaurant central kitchen prepares meat or
meat food products that are ready to eat when they leave such
facility and are served in meals or as entrees only to customers at
restaurants owned or operated by the same person, firm, or
corporation owning or operating such facility: Provided, That such
facility shall be subject to the provisions of section 642 of this
title: Provided further, That the facility may be subject to the
inspection requirements under subchapter I of this chapter for as
long as the Secretary deems necessary, if the Secretary determines
that the sanitary conditions or practices of the facility or the
processing procedures or methods at the facility are such that any
of its meat or meat food products are rendered adulterated.
(3) Termination of designation of State upon development and
enforcement of minimum requirements; redesignation; designation
for nonenforcement of minimum requirements: notice and
publication in Federal Register
Whenever the Secretary determines that any State designated under
this paragraph (c) has developed and will enforce State meat
inspection requirements at least equal to those imposed under
subchapters I and IV of this chapter with respect to the operations
and transactions within such State which are regulated under
paragraph (1), he shall terminate the designation of such State
under this paragraph (c), but this shall not preclude the
subsequent redesignation of the State at any time upon thirty days
notice to the Governor and publication in the Federal Register in
accordance with this paragraph, and any State may be designated
upon such notice and publication at any time after the period
specified in this paragraph whether or not the State has
theretofore been designated upon the Secretary determining that it
is not effectively enforcing requirements at least equal to those
imposed under subchapters I and IV of this chapter.
(4) Periodic review; report to Congressional committees
The Secretary shall promptly upon December 15, 1967, and
periodically thereafter, but at least annually, review the
requirements, including the enforcement thereof, of the several
States not designated under this paragraph (c), with respect to the
slaughter, and the preparation, storage, handling and distribution
of carcasses, parts thereof, meat and meat food products, of such
animals, and inspection of such operations and annually report
thereon to the Committee on Agriculture of the House of
Representatives and the Committee on Agriculture, Nutrition, and
Forestry of the Senate in the report required under section 691
(!1) of this title.
(d) "State" defined
As used in this section, the term "State" means any State
(including the Commonwealth of Puerto Rico) or organized Territory.