21 U.S. Code § 671 - Inspection services; refusal or withdrawal; hearing; business unfitness based upon certain convictions; other provisions...connection with business; finality of Secretary’s actions; judicial review; record

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The Secretary may (for such period, or indefinitely, as he deems necessary to effectuate the purposes of this chapter) refuse to provide, or withdraw, inspection service under subchapter I of this chapter with respect to any establishment if he determines, after opportunity for a hearing is accorded to the applicant for, or recipient of, such service, that such applicant or recipient is unfit to engage in any business requiring inspection under subchapter I because the applicant or recipient, or anyone responsibly connected with the applicant or recipient, has been convicted, in any Federal or State court, of
(1) any felony, or
(2) more than one violation of any law, other than a felony, based upon the acquiring, handling, or distributing of unwholesome, mislabeled, or deceptively packaged food or upon fraud in connection with transactions in food. This section shall not affect in any way other provisions of this chapter for withdrawal of inspection services under subchapter I from establishments failing to maintain sanitary conditions or to destroy condemned carcasses, parts, meat or meat food products.
For the purpose of this section a person shall be deemed to be responsibly connected with the business if he was a partner, officer, director, holder, or owner of 10 per centum or more of its voting stock or employee in a managerial or executive capacity.
The determination and order of the Secretary with respect thereto under this section shall be final and conclusive unless the affected applicant for, or recipient of, inspection service files application for judicial review within thirty days after the effective date of such order in the appropriate court as provided in section 674 of this title. Judicial review of any such order shall be upon the record upon which the determination and order are based.

Source

(Mar. 4, 1907, ch. 2907, title IV, § 401, as added Pub. L. 90–201, § 16,Dec. 15, 1967, 81 Stat. 597; amended Pub. L. 99–641, title IV, § 403(b),Nov. 10, 1986, 100 Stat. 3568.)
Amendments

1986—Subsec. (a). Pub. L. 99–641, § 403(b)(1), (2)(B), (C), temporarily designated provisions which related to authority to refuse or withdraw inspection service as subsec. (a), struck out “any felony, or (2)” after “of (1)”, and inserted “or (2) any felony” after “transactions in food”. See Effective and Termination Dates of 1986 Amendment note below.
Pub. L. 99–641, § 403(b)(2)(A), which directed that subsec. (a) be amended by substituting “applicant for” for “applicant, for”, could not be executed because “applicant, for” does not appear.
Subsecs. (b) to (e). Pub. L. 99–641, § 403(b)(6), temporarily added subsecs. (b) to (e). See Effective and Termination Dates of 1986 Amendment note below.
Subsec. (f). Pub. L. 99–641, § 403(b)(3), temporarily designated provisions which related to other provisions for withdrawal of inspection services as subsec. (f). See Effective and Termination Dates of 1986 Amendment note below.
Subsec. (g). Pub. L. 99–641, § 403(b)(4), temporarily designated provisions which related to responsible connection with business as subsec. (g). See Effective and Termination Dates of 1986 Amendment note below.
Subsec. (h). Pub. L. 99–641, § 403(b)(5), temporarily designated provisions which related to finality of determination by Secretary and to judicial review as subsec. (h), substituted “Except as provided in subsection (e)(2) of this section, the determination” for “The determination” and “subsection (e) of this section” for “this section”. See Effective and Termination Dates of 1986 Amendment note below.
Effective and Termination Dates of 1986 Amendment

Pub. L. 99–641, title IV, § 403(b),Nov. 10, 1986, 100 Stat. 3568, provided that the amendment made by that section is effective only during the 6-year period beginning Nov. 10, 1986.
Effective Date

Subchapter effective Dec. 15, 1967, see section 20 ofPub. L. 90–201, set out as a note under section 601 of this title.
Construction and Effect of Amendments by Pub. L. 99–641

For provisions relating to construction and effect of temporary amendments by section 403 ofPub. L. 99–641, see sections 403(e) and 404 ofPub. L. 99–641, set out as notes entitled “Inspection Services for Establishments Not Participating in Total Plant Quality-Control Program” and “Savings Provision”, respectively, under section 609 of this title.

The table below lists the classification updates, since Jan. 3, 2012, for this section. Updates to a broader range of sections may be found at the update page for containing chapter, title, etc.

The most recent Classification Table update that we have noticed was Tuesday, August 13, 2013

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21 USCDescription of ChangeSession YearPublic LawStatutes at Large

This is a list of parts within the Code of Federal Regulations for which this US Code section provides rulemaking authority.

This list is taken from the Parallel Table of Authorities and Rules provided by GPO [Government Printing Office].

It is not guaranteed to be accurate or up-to-date, though we do refresh the database weekly. More limitations on accuracy are described at the GPO site.


9 CFR - Animals and Animal Products

9 CFR Part 300 - AGENCY MISSION AND ORGANIZATION

9 CFR Part 301 - TERMINOLOGY; ADULTERATION AND MISBRANDING STANDARDS

9 CFR Part 302 - APPLICATION OF INSPECTION AND OTHER REQUIREMENTS

9 CFR Part 303 - EXEMPTIONS

9 CFR Part 304 - APPLICATION FOR INSPECTION; GRANT OF INSPECTION

9 CFR Part 305 - OFFICIAL NUMBERS; INAUGURATION OF INSPECTION; WITHDRAWAL OF INSPECTION; REPORTS OF VIOLATION

9 CFR Part 306 - ASSIGNMENT AND AUTHORITIES OF PROGRAM EMPLOYEES

9 CFR Part 307 - FACILITIES FOR INSPECTION

9 CFR Part 309 - ANTE-MORTEM INSPECTION

9 CFR Part 310 - POST-MORTEM INSPECTION

9 CFR Part 311 - DISPOSAL OF DISEASED OR OTHERWISE ADULTERATED CARCASSES AND PARTS

9 CFR Part 312 - OFFICIAL MARKS, DEVICES AND CERTIFICATES

9 CFR Part 313 - HUMANE SLAUGHTER OF LIVESTOCK

9 CFR Part 314 - HANDLING AND DISPOSAL OF CONDEMNED OR OTHER INEDIBLE PRODUCTS AT OFFICIAL ESTABLISHMENTS

9 CFR Part 315 - RENDERING OR OTHER DISPOSAL OF CARCASSES AND PARTS PASSED FOR COOKING

9 CFR Part 316 - MARKING PRODUCTS AND THEIR CONTAINERS

9 CFR Part 317 - LABELING, MARKING DEVICES, AND CONTAINERS

9 CFR Part 318 - ENTRY INTO OFFICIAL ESTABLISHMENTS; REINSPECTION AND PREPARATION OF PRODUCTS

9 CFR Part 319 - DEFINITIONS AND STANDARDS OF IDENTITY OR COMPOSITION

9 CFR Part 320 - RECORDS, REGISTRATION, AND REPORTS

9 CFR Part 321 - COOPERATION WITH STATES AND TERRITORIES

9 CFR Part 322 - EXPORTS 1

9 CFR Part 325 - TRANSPORTATION

9 CFR Part 327 - IMPORTED PRODUCTS

9 CFR Part 329 - DETENTION; SEIZURE AND CONDEMNATION; CRIMINAL OFFENSES

9 CFR Part 331 - SPECIAL PROVISIONS FOR DESIGNATED STATES AND TERRITORIES; AND FOR DESIGNATION OF ESTABLISHMENTS WHICH ENDANGER PUBLIC HEALTH AND FOR SUCH DESIGNATED ESTABLISHMENTS

9 CFR Part 332 - SELECTED ESTABLISHMENTS; COOPERATIVE PROGRAM FOR INTERSTATE SHIPMENT OF CARCASSES, PARTS OF CARCASSES, MEAT, AND MEAT FOOD PRODUCTS

9 CFR Part 335 - RULES OF PRACTICE GOVERNING PROCEEDINGS UNDER THE FEDERAL MEAT INSPECTION ACT

9 CFR Part 390 - FREEDOM OF INFORMATION AND PUBLIC INFORMATION

9 CFR Part 391 - FEES AND CHARGES FOR INSPECTION SERVICES AND LABORATORY ACCREDITATION

9 CFR Part 416 - SANITATION

9 CFR Part 417 - HAZARD ANALYSIS AND CRITICAL CONTROL POINT (HACCP) SYSTEMS

9 CFR Part 418 - RECALLS

9 CFR Part 424 - PREPARATION AND PROCESSING OPERATIONS

9 CFR Part 439 - ACCREDITATION OF NON-FEDERAL CHEMISTRY LABORATORIES

9 CFR Part 441 - CONSUMER PROTECTION STANDARDS: RAW PRODUCTS

9 CFR Part 442 - QUANTITY OF CONTENTS LABELING AND PROCEDURES AND REQUIREMENTS FOR ACCURATE WEIGHTS

9 CFR Part 500 - RULES OF PRACTICE

 

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