Sec. 114. Regulations for suppression of diseases; cooperation of States and Territories. 114a. Control and eradication of diseases; cooperation of States and farmers' associations; purchase and destruction of diseased animals; definition of State. 114a-1. Interstate movement of domestic animals reacting to tests for brucellosis; immediate slaughter; rules and regulations. 114b. Cooperation with Mexico in control and eradication of foot-and-mouth disease and rinderpest. 114c. Same; use of funds for purchase or hire of vehicles and airplanes, printing, and employment of personnel. 114d. Same; reports to Congress. 114e. Control and eradication of cattle grubs; research and investigations. 114f. Same; definitions; appropriations. 115. 116. 117. 118. 119. 120. 121. 122. 123. 124. 125. 126. 127. 128. 29. 10. 1. Transportation of diseased livestock and live poultry prohibited; splenetic fever. Same; shipment of certain cattle excepted. Notice of existence of contagion to railroads; transportation of diseased stock or live poultry; penalty. Duty of United States attorneys. Agents to examine and report on methods of treatment of animals, and means for suppression of diseases. Regulation of exportation and transportation of infected livestock and live poultry. Shipments from areas suspected infected; control of animals and live poultry. Offenses; penalty. Quarantine. Transportation or delivery therefor from quarantined State or Territory or portion thereof, of livestock and live poultry, forbidden. Regulations for inspection, disinfection, and certification, and delivery and shipment of livestock and live poultry from quarantined State or Territory. Moving livestock and live poultry from quarantined State or Territory under regulations. Transportation from quarantined State, Territory, and so forth; penalty. Extension of quarantine law to carriers in interstate commerce. Payment for animals purchased; computation of value, and amount paid. Pleuropneumonia in District of Columbia; duties of Commissioners. Fences along international boundary lines to keep Inspection of dairy products for export. IMPORTATION OF MILK AND CREAM Appropriation. Repeal of inconsistent laws. Powers of State with respect of milk or cream lawfully imported. Definitions; "person"; "United States." INATION OF ANIMALS, MEAT, AND MEAT DUCTS USED IN INTERSTATE OR FOR √ COMMERCE CROSS REFERENCES au of Animal Industry, see sections 391-394 of Agriculture. ime of employees engaged in enforcement of Meat ion Act, see section 394 of Title 7, Agriculture. § 71. Inspection of meat and meat food products; examination of cattle before slaughtering; diseased animals slaughtered separately and carcasses examined. For the purpose of preventing the use in interstate or foreign commerce of meat and meat-food products which are unsound, unhealthful, unwholesome, or otherwise unfit for human food, the Secretary of Agriculture, at his discretion, may cause to be made, by inspectors appointed for that purpose, an examination and inspection of all cattle, sheep, swine, and goats before they shall be allowed to enter into any slaughtering, packing, meat-canning, rendering, or similar establishment in which they are to be slaughtered and the meat and meat-food products thereof are to be used in interstate or foreign commerce; and all cattle, swine, sheep, and goats found on such inspection to show symptoms of disease shall be set apart and slaughtered separately from all other cattle, sheep, swine, or goats; and when so slaughtered the carcasses of said cattle, sheep, swine, or goats shall be subject to a careful examination and inspection, all as provided by the rules and regulations to be prescribed by the Secretary of Agriculture, as provided for in sections 71-93 of this title. (Mar. 4, 1907, ch. 2907, 34 Stat. 1260.) INTRASTATE INSPECTION Act June 10, 1942, ch. 403, 56 Stat. 351, authorizing the inspection of meat-packing establishments engaged only in intrastate commerce until six months after World War II, was repealed by Joint Res. July 25, 1947, ch. 327, § 1, 61 Stat. 449. § 72. Post mortem examination of carcasses and marking or labeling; destruction of carcasses condemned; reinspection. For the purposes set forth in section 71 of this title the Secretary of Agriculture shall cause to be made by inspectors appointed for that purpose a post mortem examination and inspection of the carcasses and parts thereof of all cattle, sheep, swine, and goats to be prepared for human consumption at any slaughtering, meat-canning, salting, packing, rendering, or similar establishment in any State, Territory, or the District of Columbia for transportation or sale as articles of interstate or foreign commerce; and the carcasses and parts thereof of all such animals found to be sound, healthful, wholesome, and fit for human food shall be marked, stamped, tagged, or labeled as "Inspected and passed"; and said inspectors shall label, mark, stamp, or tag as "Inspected and condemned" all carcasses and parts thereof of animals found to be unsound, unhealthful, unwholesome, or otherwise unfit for human food; and all carcasses and parts thereof thus inspected and condemned shall be destroyed for food purposes by the said establishment in the presence of an inspector, and the Secretary of Agriculture may remove inspectors from any such establishment which fails to so destroy any such condemned carcass or part thereof, and said inspectors, after said first inspection, shall, when they deem it necessary, reinspect said carcasses or parts thereof to determine whether since the first inspection the same have become unsound, unhealthful, unwholesome, or in any way unfit for human food, and if any carcass or any part thereof shall, upon examination and inspection subsequent to the first examination and inspection, be found to be unsound, unhealthful, unwholesome, or otherwise unfit for human food, it shall be destroyed for food purposes by the said establishment in the presence of an inspector, and the Secretary of Agriculture may remove inspectors from any establishment which fails to so destroy any such condemned carcass or part thereof. (Mar. 4, 1907, ch. 2907, 34 Stat. 1260.) § 73. Examination of carcasses brought into slaughtering or packing establishments, and of meat food products issued from and returned thereto. The foregoing provisions shall apply to all carcasses or parts of carcasses of cattle, sheep, swine, and goats, or the meat or meat products thereof which may be brought into any slaughtering, meatcanning, salting, packing, rendering, or similar establishment, and such examination and inspection shall be had before the said carcasses or parts thereof shall be allowed to enter into any department wherein the same are to be treated and prepared for meat food products; and the foregoing provisions shall also apply to all such products, which, after having been issued from any slaughtering, meat-canning, salting, packing, rendering, or similar establishment, shall be returned to the same or to any similar establishment where such inspection is maintained. (Mar. 4, 1907, ch. 2907, 34 Stat. 1261.) § 74. Inspectors of meat food products; marks of inspection; destruction of condemned products; products for export. For the purposes hereinbefore set forth the Secretary of Agriculture shall cause to be made, by inspectors appointed for that purpose, an examination and inspection of all meat food products prepared for interstate or foreign commerce in any slaughtering, meat-canning, salting, packing, rendering, or similar establishment, and for the purposes of any examination and inspection said inspectors shall have access at all times, by day or night, whether the establishment be operated or not, to every part of said establishment; and said inspectors shall mark, stamp, tag, or label as "Inspected and passed" all such products found to be sound, healthful, and wholesome, and which contain no dyes, chemicals, preservatives, or ingredients which render such meat, or meat food products unsound, unhealthful, unwholesome, or unfit for human food; and said inspectors shall label, mark, stamp, or tag as "Inspected and condemned" all such products found unsound, unhealthful, and unwholesome, or which contain dyes, chemicals, preservatives, or ingredients which render such meat or meat food products unsound, unhealthful, unwholesome, or unfit for human food, and all such condemned meat food products shall be destroyed for food purposes, as hereinbefore provided, and the Secretary of Agriculture may remove inspectors from any establishment which fails to so destroy such condemned meat food products: Provided, That subject to the rules and regulations of the Secretary of Agriculture the provisions of this section in regard to preservatives shall not apply to meat food products for export to any foreign country and which are prepared or packed according to the specifications or directions of the foreign purchaser, when no substance is used in the preparation or packing thereof in conflict with the laws of the foreign country to which said article is to be exported; but if said article shall be in fact sold or offered for sale for domestic use or consumption then this proviso shall not exempt said article from the operation of all the other provisions of sections 71-91 of this title. (Mar. 4, 1907, ch. 2907, 34 Stat. 1261.) § 75. Labeling receptacles or coverings of meat or meat food products inspected and passed; supervision by inspectors; sales under false names; trade names. When any meat or meat food product prepared for interstate or foreign commerce which has been inspected as hereinbefore provided and marked "Inspected and passed" shall be placed or packed in any can, pot, tin, canvas, or other receptacle or covering in any establishment where inspection under the provisions of sections 71-91 of this title is maintained, the person, firm, or corporation preparing said product shall cause a label to be attached to said can, pot, tin, canvas, or other receptacle or covering, under the supervision of an inspector, which label shall state that the contents thereof have been "inspected and passed” under the provisions of such sections; and no inspection and examination of meat or meat food products deposited or inclosed in cans, tins, pots, canvas, or other receptacle or covering in any establishment where inspection under the provisions of such sections is maintained shall be deemed to be complete until such meat or meat food products have been sealed or inclosed in said can, tin, pot, canvas, or other receptacle or covering under the supervision of an inspector, and no such meat or meat food products shall be sold or offered for sale by any person, firm, or corporation in interstate or foreign commerce under any false or deceptive name; but established trade name or names which are usual to such products and which are not false and deceptive and which shall be approved by the Secretary of Agriculture are permitted. (Mar. 4, 1907, ch. 2907, 34 Stat. 1262.) § 76. Sanitary inspection and regulation of slaughtering and packing establishments; rejection of meat or meat food products unfit for food. The Secretary of Agriculture shall cause to be made, by experts in sanitation or by other competent inspectors, such inspection of all slaughtering, meat canning, salting, packing, rendering, or similar establishments in which cattle, sheep, swine, and goats are slaughtered and the meat and meat food products thereof are prepared for interstate or foreign commerce as may be necessary to inform himself concerning the sanitary conditions of the same, and to prescribe the rules and regulations of sanitation under which such establishments shall be maintained; and where the sanitary conditions of any such E passed the laws establishment are such that the meat or meat food products are rendered unclean, unsound, unhealthful, unwholesome, or otherwise unfit for human food, he shall refuse to allow said meat or meat food products to be labeled, marked, stamped, or tagged as "inspected and passed." (Mar. 4, 1907, ch. 2907, 34 Stat. 1262.) § 77. Examination of cattle and food products thereof, slaughtered and prepared during nighttime. The Secretary of Agriculture shall cause an examination and inspection of all cattle, sheep, swine, and goats, and the food products thereof, slaughtered and prepared in the establishments hereinbefore described for the purposes of interstate or foreign commerce to be made during the nighttime as well as during the daytime when the slaughtering of said cattle, sheep, swine, and goats, or the preparation of said food products is conducted during the nighttime. (Mar. 4, 1907, ch. 2907, 34 Stat. 1262.) § 78. Transportation of carcasses, meat, or meat food products not properly inspected and marked. No person, firm, or corporation shall transport or offer for transportation, and no carrier of interstate or foreign commerce shall transport or receive for transportation from one State or Territory or the District of Columbia to any other State or Territory or the District of Columbia, or to any place under the jurisdiction of the United States, or to any foreign country, any carcasses or parts thereof, meat, or meat food products thereof which have not been inspected, examined, and marked as "Inspected and passed", in accordance with the terms of sections 71-91 of this title, and with the rules and regulations prescribed by the Secretary of Agriculture. (Mar. 4, 1907, ch. 2907, 34 Stat. 1262.) § 79. Forgery, alteration or unauthorized use of marks, labels, or other identification devices or certificates. No person, firm, or corporation, or officer, agent, or employee thereof, shall forge, counterfeit, simulate, or falsely represent, or shall without proper authority use, fail to use, or detach, or shall knowingly or wrongfully alter, deface, or destroy, or fail o deface or destroy, any of the marks, stamps, tags, abels, or other identification devices provided for in ections 71—91 of this title, or in and as directed by he rules and regulations prescribed hereunder by e Secretary of Agriculture, on any carcasses, parts carcasses, or the food product, or containers ereof, subject to the provisions of such sections or y certificate in relation thereto, authorized or reired by such sections or by the said rules and reguions of the Secretary of Agriculture. (Mar. 4, 7, ch. 2907, 34 Stat. 1263.) . Inspection of animals for export. he Secretary of Agriculture shall cause to be made reful inspection of all cattle, sheep, swine, and s intended and offered for export to foreign tries at such times and places, and in such manas he may deem proper, to ascertain whether à cattle, sheep, swine, and goats are free from ase. (Mar. 4, 1907, ch. 2907, 34 Stat. 1263.) 24626°—53—vol. 2——78 § 81. Inspectors of animals for export; certificates of condition. For the purpose of section 80 of this title he may appoint inspectors who shall be authorized to give an official certificate clearly stating the condition in which such cattle, sheep, swine, and goats are found. (Mar. 4, 1907, ch. 2907, 34 Stat. 1263.) § 82. No clearance to vessel carrying cattle for export without inspector's certificate. No clearance shall be given to any vessel having on board cattle, sheep, swine, or goats for export to a foreign country until the owner or shipper of such cattle, sheep, swine, or goats has a certificate from the inspector authorized to be appointed, stating that the said cattle, sheep, swine, or goats are sound and healthy, or unless the Secretary of Agriculture shall have waived the requirement of such certificate for export to the particular country to which such cattle, sheep, swine, or goats are to be exported. (Mar. 4, 1907, ch. 2907, 34 Stat. 1263.) § 83. Inspection of carcasses, meat of which is intended for export. The Secretary of Agriculture shall also cause to be made a careful inspection of the carcasses and parts thereof of all cattle, sheep, swine, and goats, the meat of which, fresh, salted, canned, corned, packed, cured, or otherwise prepared, is intended and offered for export to any foreign country, at such times and places and in such manner as he may deem proper. (Mar. 4, 1907, ch. 2907, 34 Stat. 1263.) § 84. Inspectors of carcasses, and so forth, meat of which is intended for export; certificates of condition. For the purpose of section 83 of this title he may appoint inspectors who shall be authorized to give an official certificate stating the condition in which said cattle, sheep, swine, or goats, and the meat thereof, are found. (Mar. 4, 1907, ch. 2907, 34 Stat. 1263.) § 85. No clearance to vessel carrying meat for export without inspector's certificate. No clearance shall be given to any vessel having on board any fresh, salted, canned, corned, or packed beef, mutton, pork, or goat meat, being the meat of animals killed except as hereinbefore provided for export to and sale in a foreign country from any port in the United States, until the owner or shipper thereof shall obtain from an inspector appointed under the provisions of sections 71-91 of this title a certificate that the said cattle, sheep, swine, and goats were sound and healthy at the time of inspection, and that their meat is sound and wholesome, unless the Secretary of Agriculture shall have waived the requirements of such certificate for the country to which said cattle, sheep, swine, and goats or meats are to be exported. (Mar. 4, 1907, ch. 2907, 34 Stat. 1263.) § 86. Delivery of inspectors' certificates, and of copies. The inspectors provided for under sections 71-91 of this title shall be authorized to give official certificates of the sound and wholesome condition of the cattle, sheep, swine, and goats, their carcasses and products as described in said sections; and one copy of every certificate granted under the provisions of said sections shall be filed in the Department of Agriculture, another copy shall be delivered to the owner or shipper, and when the cattle, sheep, swine, and goats, or their carcasses and products are sent abroad, a third copy shall be delivered to the chief officer of the vessel on which the shipment shall be made. (Mar. 4, 1907, ch. 2907, 34 Stat. 1263.) § 87. Transportation or sale of meat or meat food products without complying with provisions of inspection law. No person, firm, or corporation engaged in the interstate commerce of meat or meat food products shall transport or offer for transportation, sell or offer to sell, any such meat or meat food products in any State or Territory or in the District of Columbia or any place under the jurisdiction of the United States, other than in the State or Territory or in the District of Columbia or any place under the jurisdiction of the United States in which the slaughtering, packing, canning, rendering, or other similar establishment owned, leased, or operated by said firm, person, or corporation is located unless and until said person, firm, or corporation shall have complied with all of the provisions of sections 71-91 of this title. (Mar. 4, 1907, ch. 2907, 34 Stat. 1264.) § 88. Offenses; penalty. Any person, firm, or corporation, or any officer or agent of any such person, firm, or corporation, who shall violate any of the provisions of sections 71-91 of this title shall be deemed guilty of a misdemeanor and shall be punished on conviction thereof by a fine of not exceeding $10,000 or imprisonment for a period of not more than two years, or by both such fine and imprisonment, in the discretion of the court. (Mar. 4, 1907, ch. 2907, 34 Stat. 1264.) CROSS REFERENCES Offense punishable by imprisonment for term in excess of one year deemed a felony, see section 1 of Title 18, Crimes and Criminal Procedure. § 89. Inspectors to make examinations provided for; appointment; duties; regulations. The Secretary of Agriculture shall appoint from time to time inspectors to make examination and inspection of all cattle, sheep, swine, and goats, the inspection of which is provided for under the provisions of sections 71-91 of this title, and of all carcasses and parts thereof, and of all meats and meat food products thereof, and of the sanitary conditions of all establishments in which such meat and meat food products herein before described are prepared; and said inspectors shall refuse to stamp, mark, tag, or label any carcass or any part thereof, or meat food product therefrom, prepared in any establishment hereinbefore mentioned, until the same shall have actually been inspected and found to be sound, healthful, wholesome, and fit for human food, and to contain no dyes, chemicals, preservatives, or ingredients which render such meat food product unsound, unhealthful, unwholesome, or unfit for human food; and to have been prepared under proper sani tary conditions, hereinbefore provided for; and shall perform such other duties as are provided by said sections and by the rules and regulations to be prescribed by said Secretary of Agriculture; and said Secretary of Agriculture shall, from time to time, make such rules and regulations as are necessary for the efficient execution of the provisions of said sections, and all inspections and examinations made under said sections shall be such and made in such manner as described in the rules and regulations prescribed by said Secretary of Agriculture not inconsistent with provisions thereof. (Mar. 4, 1907, ch. 2907, 34 Stat. 1264.) § 90. Bribery of or gifts to inspectors or other officers and acceptance of gifts. Any person, firm, or corporation, or any agent or employee of any person, firm, or corporation, who shall give, pay, or offer, directly or indirectly, to any inspector, deputy inspector, chief inspector, or any other officer or employee of the United States authorized to perform any of the duties prescribed by sections 71-91 of this title or by the rules and regulations of the Secretary of Agriculture any money or other thing of value, with intent to influence said inspector, deputy inspector, chief inspector, or other officer or employee of the United States in the discharge of any duty provided for in said sections, shall be deemed guilty of a felony, and, upon conviction thereof, shall be punished by a fine not less than $5,000 nor more than $10,000 and by imprisonment not less than one year nor more than three years; and any inspector, deputy inspector, chief inspector, or other officer or employee of the United States authorized to perform any of the duties prescribed by said sections who shall accept any money, gift, or other thing of value from any person, firm, or corporation, or officers, agents, or employees thereof, given with intent to influence his official action, or who shall receive or accept from any person, firm, or corporation engaged in interstate or foreign commerce any gift, money, or other thing of value, given with any purpose or intent whatsoever, shall be deemed guilty of a felony and shall, upon conviction thereof, be summarily discharged from office and shall be punished by a fine not less than $1,000 nor more than $10,000 and by imprisonment not less than one year nor more than three years. (Mar. 4, 1907, ch. 2907, 34 Stat. 1264.) § 91. Inspection requirements as applicable to farmers or retailers; definitions; sale of meat and meat food products unfit for food; penalty. Within the meaning of sections 71-91 of this title (a) A "farmer" means any person or partnership chiefly engaged in producing agricultural products on whose farm the number of cattle, calves, sheep, lambs, swine, or goats is in keeping with the size of the farm or with the volume or character of the agricultural products produced thereon, but does not mean any person or partnership engaged in producing agricultural products who— (1) actively engages in buying or trading in cattle, calves, sheep, lambs, swine, or goats; or for and brided b other of (2) actively engages, directly or indirectly, in conducting a business which includes the slaughter of cattle, calves, sheep, lambs, swine, or goats for food purposes; or (3) actively engages, directly or indirectly, in buying or selling meat or meat food products other than those prepared by any farmer on the farm; or (4) actively engages, directly or indirectly, in salting, curing, or canning meat, or in preparing sausage, lard, or other meat food products; or (5) slaughters, or permits any person to slaughter, on his or their farm cattle, calves, sheep, lambs, swine, or goats which are not actually owned by him or them. (b) A "retail butcher" means any person, partnership, association, or corporation chiefly engaged in selling meat or meat food products to consumers only, except that the Secretary of Agriculture, at his discretion, may permit any retail butcher to transport in interstate or foreign commerce to consumers and meat retailers in any one week not more than five carcasses of cattle, twenty-five carcasses of calves, twenty carcasses of sheep, twenty-five carcasses of lambs, ten carcasses of swine, twenty carcasses of goats, or twenty-five carcasses of goat kids, or the equivalent of fresh meat therefrom, and to transport in interstate or foreign commerce to consumers only meat and meat food products which have been salted, cured, canned, or prepared as sausage, lard, or other meat food products, and which have not been inspected, examined, and marked as "Inspected and Passed" in accordance with the terms of sections 71-91 of this title, and Acts supplemental thereto, and with the rules and regulations prescribed by the Secretary of Agriculture. (c) A "retail dealer" means any person, partnership, association, or corporation chiefly engaged in selling meat or meat food products to consumers only except that the Secretary of Agriculture, at his discretion, may permit any retail dealer to transport in interstate trade or foreign commerce to consumers and meat retailers in any one week not more than five carcasses of cattle, twenty-five carcasses of calves, twenty carcasses of sheep, twenty-five carcasses of lambs, ten carcasses of swine, twenty carasses of goats, or twenty-five carcasses of goat kids, r the equivalent of fresh meat therefrom, and to ransport in interstate or foreign commerce to conumers only meat and meat food products which has een salted, cured, canned, or prepared as sausage, rd, or other meat food products which have not en inspected, examined, and marked as "Inspected d Passed" in accordance with the terms of sections -91 of this title, and Acts supplemental thereto, d with the rules and regulations prescribed by the retary of Agriculture. The provisions of sections 71–91 of this title, rering inspection to be made by the Secretary of iculture shall not apply to animals slaughtered any farmer on the farm and sold and transported interstate or foreign commerce, nor to retail chers and retail dealers in meat and meat food ducts, supplying their customers: Provided, That all meat and meat food products derived from animals slaughtered by any farmer on the farm which are salted, cured, canned, or prepared into sausage, lard, or other meat food products at any place other than by the farmer on the farm upon which the animals were slaughtered shall not be transported in interstate or foreign commerce under the farmers' exemption herein provided, and all fresh meat and all farm-cured or prepared meat and meat food products derived from animals slaughtered by any farmer on the farm which are to be used in interstate or foreign commerce shall be clearly marked with the name and address of the farmer on whose farm the animals were slaughtered: Provided further, That if any person shall sell or offer for sale or transportation for interstate or foreign commerce any meat or meat food products which are diseased, unsound, unhealthful, unwholesome, or otherwise unfit for human food, knowing that such meat food products are intended for human consumption, he shall be guilty of a misdemeanor and on conviction thereof shall be punished by a fine not exceeding $1,000 or by imprisonment for a period of not exceeding one year, or by both such fine and imprisonment: And provided further, The Secretary of Agriculture is authorized to maintain the inspection in sections 71-91 of this title provided for at any slaughtering, meat canning, salting, packing, rendering, or similar establishment notwithstanding this exception, and that the persons operating the same may be retail butchers and retail dealers or farmers; and where the Secretary of Agriculture shall establish such inspection then the provisions of said sections shall apply notwithstanding this exception. (Mar. 4, 1907, ch. 2907, 34 Stat. 1265; June 29, 1938, ch. 810, 52 Stat. 1235.) § 92. Sale of meat or meat products unfit for food; penalty. CODIFICATION Section, as enacted by act Mar. 4, 1907, ch. 2907, 34 Stat. 1265, was a proviso following the first sentence of section 91 of this title, and has been restored to said section. § 93. Repealed. May 29, 1928, ch. 901, § 1 (92), 45 Stat. 993. Section, act Mar. 4, 1907, ch. 2907, 34 Stat. 1265, related to statement in annual estimates as to persons employed, their compensation and expenses. § 94. Inspection extended to reindeer. The provisions of sections 71-91 of this title may be extended to the inspection of reindeer. (June 30, 1914, ch. 131, 38 Stat. 420.) § 94a. Inspection of dairy products for export. Sections 71-91 and 94 of this title shall be deemed to include dairy products intended for exportation to any foreign country, and the Secretary of Agriculture may apply, under rules and regulations to be prescribed by him, the provisions of said sections for inspection and certification appropriate for ascertaining the purity and quality of such products, and may cause the same to be so marked, stamped, or labeled as to secure their identity and make known in the markets of foreign countries to which they |