21 U.S.C. § 678

Current through P.L. 116-21 (6/12/2019)
Section 678 - Non-Federal jurisdiction of federally regulated matters; prohibition of additional or different requirements for establishments with inspection services and as to marking, labeling, packaging, and ingredients; recordkeeping and related requirements; concurrent jurisdiction over distribution for human food purposes of adulterated or misbranded and imported articles; other matters

Requirements within the scope of this chapter with respect to premises, facilities and operations of any establishment at which inspection is provided under subchapter I of this chapter, which are in addition to, or different than those made under this chapter may not be imposed by any State or Territory or the District of Columbia, except that any such jurisdiction may impose recordkeeping and other requirements within the scope of section 642 of this title, if consistent therewith, with respect to any such establishment. Marking, labeling, packaging, or ingredient requirements in addition to, or different than, those made under this chapter may not be imposed by any State or Territory or the District of Columbia with respect to articles prepared at any establishment under inspection in accordance with the requirements under subchapter I of 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 said subchapter I, for the purpose of preventing the distribution for human food purposes of any such articles which are adulterated or misbranded and are outside of such an establishment, 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 1 or taking other action, consistent with this chapter, with respect to any other matters regulated under this chapter.

1 So in original. Probably should be "requirements".

21 U.S.C. § 678

Mar. 4, 1907, ch. 2907, title IV, §408, as added Pub. L. 90-201Dec. 15, 1967, 81 Stat. 600.

Secretary
The term "Secretary" means the Secretary of Agriculture of the United States or his delegate.
State
The term "State" means any State of the United States and the Commonwealth of Puerto Rico.
Territory
The term "Territory" means Guam, the Virgin Islands of the United States, American Samoa, and any other territory or possession of the United States, excluding the Canal Zone.
United States
The term "United States" means the States, the District of Columbia, and the Territories of the United States.
labeling
The term "labeling" means all labels and other written, printed, or graphic matter (1) upon any article or any of its containers or wrappers, or (2) accompanying such article.
prepared
The term "prepared" means slaughtered, canned, salted, rendered, boned, cut up, or otherwise manufactured or processed.