CHAPTER 4 - ANIMALS, MEATS, AND MEAT AND DAIRY PRODUCTS

Title 21 > CHAPTER 4

Sections (35)

§§ 71 to 92 Transferred

§ 93 Repealed. May 29, 1928, ch. 901, § 1(92), 45 Stat. 993

§§ 94 to 95 Transferred

§ 96 Repealed. Pub. L. 90–201, § 18, Dec. 15, 1967, 81 Stat. 600

§§ 97 to 97d Omitted

§ 98 Transferred

§ 99 Repealed. July 28, 1953, ch. 251, title I, § 101, 67 Stat. 208

§ 101 Suspension of importation of all animals

Whenever, in the opinion of the President, it shall be necessary for the protection of animals in the United States against infectious or contagious diseases, he may, by proclamation, suspend the importation of all or any class of animals for a limited time, and may change, modify, revoke, or renew such proclamation, as the public good may require; and during the time of such suspension the importation of any such animals shall be unlawful. ( Aug. 30, 1890, ch. 839, § 9 , 26 Stat. 416 .)

§§ 102 to 105 Repealed. Pub. L. 107–171, title X, § 10418(a)(6), May 13, 2002, 116 Stat. 507

§§ 106, 107 Omitted

§§ 111, 112 Repealed. Pub. L. 107–171, title X, § 10418(a)(7), (8), May 13, 2002, 116 Stat. 507, 508

§ 112a Omitted

§ 113 Repealed. Pub. L. 107–171, title X, § 10418(a)(7), (8), May 13, 2002, 116 Stat. 507, 508

§ 113a Establishment of research laboratories for foot-and-mouth disease and other animal diseases; research contracts; employment of technicians and scientists; appropriations

The Secretary of Agriculture is authorized to establish research laboratories, including the acquisition of necessary land, buildings, or facilities, and also the making of research contracts under the authority contained in section 3105(a) of title 7 , for research and study, in the United States or elsewhere, of foot-and-mouth disease and other animal diseases which in the opinion of the Secretary constitute a threat to the livestock industry of the United States: Provided , That no live virus of foot-and-mouth disease may be introduced for any purpose into any part of the mainland of the United States (except coastal islands separated therefrom by water navigable for deep-water navigation and which shall not be connected with the mainland by any tunnel) unless the Secretary determines that it is necessary and in the public interest for the conduct of research and study in the United States (except at Brookhaven National Laboratory in Upton, New York) and issues a permit under such rules as the Secretary shall promulgate to protect animal health, except that the Secretary of Agriculture may transport said virus in the original package across the mainland under adequate safeguards, and except further, that in the event of outbreak of foot-and-mouth disease in this country, the Secretary of Agriculture may, at his discretion, permit said virus to be brought into the United States under adequate safeguards. To carry out the provisions of this section, the Secretary is authorized to employ technical experts or scientists: Provided , That the number so employed shall not exceed five and that the maximum compensation for each shall not exceed the highest rate of grade 18 of the General Schedule. There is authorized to be appropriated such sums as Congress may deem necessary; in addition, the Secretary is authorized to utilize in carrying out this section, funds otherwise available for the control or eradication of such diseases. ( May 29, 1884, ch. 60, § 12 , as added Apr. 24, 1948, ch. 229 , 62 Stat. 198 ; amended July 31, 1956, ch. 804 , title I, § 119, 70 Stat. 742 ; Pub. L. 85–573 , July 31, 1958 , 72 Stat. 454 ; Pub. L. 87–793, § 1001(e) , Oct. 11, 1962 , 76 Stat. 864 ; Pub. L. 88–426, title III, § 305(1) , Aug. 14, 1964 , 78 Stat. 422 ; Pub. L. 101–624, title XVI, § 1618(b) , Nov. 28, 1990 , 104 Stat. 3733 .)

§§ 114 to 114d–1 Repealed. Pub. L. 107–171, title X, § 10418(a)(8), (9), May 13, 2002, 116 Stat. 508

§§ 114d–2 to 114d–6 Repealed. Pub. L. 92–152, § 3, Nov. 5, 1971, 85 Stat. 419

§§ 114e to 114h Repealed. Pub. L. 107–171, title X, § 10418(a)(10), (11), May 13, 2002, 116 Stat. 508

§ 114i Pseudorabies eradication

(a) Findings Congress finds that efforts to eradicate pseudorabies in United States swine populations by the Department of Agriculture in cooperation with State agencies and the pork industry have a high priority and should be continued until pseudorabies is completely eradicated in the United States.

(b) Establishment of program The Secretary of Agriculture shall establish and carry out a program for the eradication of pseudorabies in United States swine populations.

(c) Use of funds for testing and control of pseudorabies The Secretary shall ensure that not less than 65 percent of the funds appropriated for the program established under subsection (b) shall be used for testing and screening of animals and for other purposes directly related to the eradication or control of pseudorabies. This requirement on the use of appropriated funds for this program shall not be implemented in a manner that would adversely affect any other animal or plant disease or pest eradication or control program.

(d) Authorization of appropriations There are authorized to be appropriated for each of the fiscal years 1991 through 2007 such sums as may be necessary for the purpose of carrying out the program established under subsection (b).

§§ 115 to 128 Repealed. Pub. L. 107–171, title X, § 10418(a)(7), (8), (12)–(14), May 13, 2002, 116 Stat. 507, 508

§ 129 Omitted

§§ 129a to 131 Repealed. Pub. L. 107–171, title X, § 10418(a)(1), (8), (16), May 13, 2002, 116 Stat. 507, 508

§ 132 Transferred

§ 133 Repealed. July 13, 1949, ch. 307, 63 Stat. 410

§§ 134 to 135b Repealed. Pub. L. 107–171, title X, § 10418(a)(17), (18), May 13, 2002, 116 Stat. 508

§ 136 Additional inspection services

The Secretary of Agriculture, in carrying out regulations prohibiting or restricting the entry of materials that may harbor pests, or diseases, is authorized to enter into agreements with operators or owners of vessels or aircraft for the purpose of providing inspection services at points of entry in the United States in addition to the regular or on-call basis currently available in connection with such vessels or aircraft. Any such agreement shall provide for the payment by the operator or owner of an amount determined by the Secretary to be necessary to defray the costs of providing additional service pursuant to such agreement. ( Pub. L. 101–624, title XXV, § 2508 , Nov. 28, 1990 , 104 Stat. 4069 .)

§ 136a Collection of fees for inspection services

(a) Quarantine and inspection fees The Secretary of Agriculture may prescribe and collect fees sufficient— to cover the cost of providing agricultural quarantine and inspection services in connection with the arrival at a port in the customs territory of the United States, or the preclearance or preinspection at a site outside the customs territory of the United States, of an international passenger, commercial vessel, commercial aircraft, commercial truck, or railroad car; to cover the cost of administering this subsection; and through fiscal year 2002, to maintain a reasonable balance in the Agricultural Quarantine Inspection User Fee Account established under paragraph (5). In setting the fees under paragraph (1), the Secretary shall ensure that the amount of the fees is commensurate with the costs of agricultural quarantine and inspection services with respect to the class of persons or entities paying the fees. The costs of the services with respect to passengers as a class includes the costs of related inspections of the aircraft or other vehicle. Fees collected under this subsection by any person on behalf of the Secretary are held in trust for the United States and shall be remitted to the Secretary in such manner and at such times as the Secretary may prescribe. If a person subject to a fee under this subsection fails to pay the fee when due, the Secretary shall assess a late payment penalty, and the overdue fees shall accrue interest, as required by section 3717 of title 31 . There is established in the Treasury of the United States a fund, to be known as the “Agricultural Quarantine Inspection User Fee Account”, which shall contain all of the fees collected under this subsection and late payment penalties and interest charges collected under paragraph (4) through fiscal year 2002. For each of fiscal years 1996 through 2002, funds in the Agricultural Quarantine Inspection User Fee Account shall be available, in such amounts as are provided in advance in appropriations Acts, to cover the costs associated with the provision of agricultural quarantine and inspection services and the administration of this subsection. Amounts made available under this subparagraph shall be available until expended. Fees and other amounts collected under this subsection in any of fiscal years 1996 through 2002 in excess of $100,000,000 shall be available for the purposes specified in subparagraph (B) until expended, without further appropriation. After September 30, 2002 , the unobligated balance in the Agricultural Quarantine Inspection User Fee Account and fees and other amounts collected under this subsection shall be credited to the Department of Agriculture accounts that incur the costs associated with the provision of agricultural quarantine and inspection services and the administration of this subsection. The fees and other amounts shall remain available to the Secretary until expended without fiscal year limitation. The number of full-time equivalent positions in the Department of Agriculture attributable to the provision of agricultural quarantine and inspection services and the administration of this subsection shall not be counted toward the limitation on the total number of full-time equivalent positions in all agencies specified in section 5(b) of the Federal Workforce Restructuring Act of 1994 ( Public Law 103–226 ; 5 U.S.C. 3101 note) or other limitation on the total number of full-time equivalent positions.

(b) Omitted

(c) Animal inspection and veterinary diagnostics The Secretary may prescribe and collect fees to reimburse the Secretary for the cost of carrying out the provisions of the Federal Animal Quarantine Laws that relate to the importation, entry, and exportation of animals, articles, or means of conveyance. The Secretary may prescribe and collect fees to recover the costs of carrying out the provisions of the Animal Health Protection Act [ 7 U.S.C. 8301 et seq.] that relate to veterinary diagnostics. All fees collected pursuant to this subsection and any late payment penalties or accrued interest collected pursuant to this subsection shall be credited to the accounts that incur the cost and shall remain available until expended without fiscal year limitation. Any person for whom an activity related to the importation, entry, or exportation of an animal, article, or means of conveyance or relating to veterinary diagnostics, is performed pursuant to the section, shall be liable for payment of fees assessed. Upon failure to pay such fees when due, the Secretary shall assess a late payment penalty, and such overdue fees shall accrue interest, as required by section 3717 of title 31 . All fees, late payment penalties, and accrued interest collected shall be credited to such accounts that incur the costs and shall remain available until expended without fiscal year limitation. The Secretary shall have a lien against the animal, article, means of conveyance, or facility for which services have been provided under this section for the fees, any late payment penalty, and any accrued interest assessed under this subsection. In the case of any person who fails to make payment when due under this subsection, the Secretary shall have a lien against any animal, article, or means of conveyance thereafter imported, moved in interstate commerce, or attempted to be exported by the person after the date of such failure until the date on which such owner or operator make 2 full payment to the Secretary under this subsection. The Secretary may, if a person does not pay fees, late payment penalties, or accrued interest on such, after providing reasonable notice of default to such person, sell at public sale after reasonable public notice, or otherwise dispose of, any such animal, article, means of conveyance or facility on which the Secretary has a lien under this paragraph. If the sale proceeds under clause (i) exceed the fees due, any late payment penalty assessed, any accrued interest on such, and the expenses associated with the sale, such excess shall be paid to the owner of the animal, article, means of conveyance, or facility if such owner submits an application for such excess together with proof of ownership not later than 6 months after the date of such sale. If no such application is made, such excess shall be credited to accounts that incur the costs associated with the fees collected and shall remain available until expended, without fiscal year limitation. The Secretary shall suspend performance of services to persons who have failed to pay fees, late payment penalty, or accrued interest under this section.

(d) Regulations The Secretary may prescribe such regulations as the Secretary determines necessary to carry out the provisions of this section.

(e) Recovery of amounts owed An action may be brought for the recovery of fees, late payment penalties, and accrued interest which have not been paid in accordance with this section against any person obligated for payment of such assessments under this section in any United States district court or other United States court for any territory or possession in any jurisdiction in which such person is found or resides or transacts business, and such court shall have jurisdiction to hear and decide such action.

(f) Definitions For purposes of this section, the term “animal quarantine laws” means— section 306 of the Tariff Act of 1930 3 ( 19 U.S.C. 1306 ); section 9 of the Act of August 30, 1890 ( 21 U.S.C. 101 ); the Animal Health Protection Act [ 7 U.S.C. 8301 et seq.]; or any other Act administered by the Secretary relating to plant or animal diseases or pests. For the purposes of subsection (a), the term “customs territory of the United States” means the 50 States, the District of Columbia, and Puerto Rico. For the purposes of this section, the term “person” means an individual, corporation, partnership, trust, association, or any other public or private entity, or any officer, employee, or agent thereof. For the purposes of subsection (b), the term “United States” means the several States of the United States, the District of Columbia, Guam, the Commonwealth of the Northern Mariana Islands, the Commonwealth of Puerto Rico, the Virgin Islands of the United States, and all other territories and possessions of the United States. For the purposes of subsection (a), the term “vessel” does not include any ferry.

§ 141 Prohibition of importation without permit

On and after May 16, 1927 , the importation into the United States of milk and cream is prohibited unless the person by whom such milk or cream is shipped or transported into the United States holds a valid permit from the Secretary of Health and Human Services. ( Feb. 15, 1927, ch. 155, § 1 , 44 Stat. 1101 ; 1940 Reorg. Plan No. IV, § 12, eff. June 30, 1940 , 5 F.R. 2421, 54 Stat. 1237 ; 1953 Reorg. Plan No. 1, § 5, eff. Apr. 11, 1953 , 18 F.R. 2053, 67 Stat. 631 ; Pub. L. 96–88, title V, § 509(b) , Oct. 17, 1979 , 93 Stat. 695 .)

§ 142 Milk or cream when unfit for importation

Milk or cream shall be considered unfit for importation (1) when all cows producing such milk or cream are not healthy and a physical examination of all such cows has not been made within one year previous to such milk being offered for importation; (2) when such milk or cream, if raw, is not produced from cows which have passed a tuberculin test applied by a duly authorized official veterinarian of the United States, or of the country in which such milk or cream is produced, within one year previous to the time of the importation, showing that such cows are free from tuberculosis; (3) when the sanitary conditions of the dairy farm or plant in which such milk or cream is produced or handled do not score at least fifty points out of one hundred points according to the methods for scoring as provided by the score cards used by the Bureau of Dairy Industry of the United States Department of Agriculture at the time such dairy farms or plants are scored; (4) in the case of raw milk if the number of bacteria per cubic centimeter exceeds three hundred thousand and in the case of raw cream seven hundred and fifty thousand, in the case of pasteurized milk if the number of bacteria per cubic centimeter exceeds one hundred thousand, and in the case of pasteurized cream five hundred thousand; (5) when the temperature of milk or cream at the time of importation exceeds fifty degrees Fahrenheit. ( Feb. 15, 1927, ch. 155, § 2 , 44 Stat. 1101 .)

§ 143 Inspection; certified statement in lieu thereof; waiver of requirements of section 142; regulations; suspension and revocation of permits

The Secretary of Health and Human Services shall cause such inspections to be made as are necessary to insure that milk and cream are so produced and handled as to comply with the provisions of section 142 of this title , and in all cases when he finds that such milk and/or cream is produced and handled so as not to be unfit for importation under clauses 1, 2, and 3 of section 142 of this title , he shall issue to persons making application therefor permits to ship milk and/or cream into the United States: Provided , That in lieu of the inspections to be made by or under the direction of the Secretary he may, in his discretion, accept a duly certified statement signed by a duly accredited official of an authorized department of any foreign government and/or of any State of the United States or any municipality thereof that the provisions in clauses 1, 2, and 3 of section 142 of this title have been complied with. Such certificate of the accredited official of an authorized department of any foreign government shall be in the form prescribed by the Secretary, who is authorized and directed to prescribe such form as well as rules and regulations regulating the issuance of permits to import milk or cream into the United States. The Secretary is authorized, in his discretion, to waive the requirement of clause 4 of section 142 of this title when issuing permits to operators of condenseries in which milk and/or cream is used when sterilization of the milk and/or cream is a necessary process: Provided, however , That no milk and/or cream shall be imported whose bacterial count per cubic centimeter in any event exceeds one million two hundred thousand: Provided, further , That such requirements shall not be waived unless the farm producing such milk to be imported is within a radius of fifteen miles of the condensery in which it is to be processed: Provided further , That if milk and/or cream imported when the requirements of clause 4 of section 142 of this title , have been so waived, is sold, used, or disposed of in its raw state or otherwise than as condensed milk by any person, the permit shall be revoked and the importer shall be subject to fine, imprisonment, or other penalty prescribed by this subchapter. The Secretary is directed to waive the requirements of clauses 2 and 5 of section 142 of this title insofar as the same relate to milk when issuing permits to operators of, or to producers for delivery to, creameries and condensing plants in the United States within twenty miles of the point of production of the milk, and who import no raw milk except for pasteurization or condensing: Provided , That if milk imported when the requirements of clauses 2 and 5 of section 142 of this title have been so waived is sold, used, or disposed of in its raw state, or otherwise than as pasteurized, condensed, or evaporated milk by any person, the permit shall be revoked and the importer shall be subjected to fine, imprisonment, or other penalty prescribed by this subchapter. The Secretary is authorized and directed to make and enforce such regulations as may in his judgment be necessary to carry out the purpose of this subchapter for the handling of milk and cream, for the inspection of milk, cream, cows, barns, and other facilities used in the production and handling of milk and/or cream and the handling, keeping, transporting, and importing of milk and/or cream: Provided, however , That unless and until the Secretary shall provide for inspections to ascertain that clauses 1, 2, and 3 of section 142 of this title have been complied with, the Secretary shall issue temporary permits to any applicants therefor to ship or transport milk and/or cream into the United States. The Secretary is authorized to suspend or revoke any permit for the shipment of milk or cream into the United States when he shall find that the holder thereof has failed to comply with the provisions of or has violated this subchapter or any of the regulations made hereunder, or that the milk and/or cream brought or shipped by the holder of such permit into the United States is not produced and handled in conformity with, or that the quality thereof does not conform to, all of the provisions of section 142 of this title . ( Feb. 15, 1927, ch. 155, § 3 , 44 Stat. 1102 ; 1940 Reorg. Plan No. IV, § 12, eff. June 30, 1940 , 5 F.R. 2421, 54 Stat. 1237 ; 1953 Reorg. Plan No. 1, § 5, eff. Apr. 11, 1953 , 18 F.R. 2053, 67 Stat. 631 ; Pub. L. 96–88, title V, § 509(b) , Oct. 17, 1979 , 93 Stat. 695 .)

§ 144 Unlawful receiving of imported milk or cream

It shall be unlawful for any person in the United States to receive milk or cream imported into the United States unless the importation is in accordance with the provisions of this subchapter. ( Feb. 15, 1927, ch. 155, § 4 , 44 Stat. 1103 .)

§ 145 Penalties

Any person who knowingly violates any provision of this subchapter shall, in addition to all other penalties prescribed by law, be punished by a fine of not less than $50normorethan$2,000, or by imprisonment for not more than one year, or by both such fine and imprisonment. ( Feb. 15, 1927, ch. 155, § 5 , 44 Stat. 1103 .)

§ 146 Authorization of appropriations

There is authorized to be appropriated, out of any moneys in the Treasury not otherwise appropriated, the sum of $50,000 per annum, to enable the Secretary of Health and Human Services to carry out the provisions of this subchapter. ( Feb. 15, 1927, ch. 155, § 6 , 44 Stat. 1103 ; 1940 Reorg. Plan No. IV, § 12, eff. June 30, 1940 , 5 F.R. 2421, 54 Stat. 1237 ; 1953 Reorg. Plan No. 1, § 5, eff. Apr. 11, 1953 , 18 F.R. 2053, 67 Stat. 631 ; Pub. L. 96–88, title V, § 509(b) , Oct. 17, 1979 , 93 Stat. 695 .)

§ 147 Repeal of inconsistent laws

Any laws or parts of laws inconsistent with this subchapter are repealed. ( Feb. 15, 1927, ch. 155, § 7 , 44 Stat. 1103 .)

§ 148 Powers of State with respect to milk or cream lawfully imported

Nothing in this subchapter is intended nor shall be construed to affect the powers of any State, or any political subdivision thereof, to regulate the shipment of milk or cream into, or the handling, sale, or other disposition of milk or cream in, such State or political subdivision after the milk and/or cream shall have been lawfully imported under the provisions of this subchapter. ( Feb. 15, 1927, ch. 155, § 8 , 44 Stat. 1103 .)

§ 149 Definitions

(a) The term “person” means an individual, partnership, association, or corporation.

(b) The term “United States” means the fifty States and the District of Columbia.