
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 21USC671]

 
                        TITLE 21--FOOD AND DRUGS
 
                       CHAPTER 12--MEAT INSPECTION
 
                   SUBCHAPTER IV--AUXILIARY PROVISIONS
 
Sec. 671. Inspection services; refusal or withdrawal; hearing; 
        business unfitness based upon certain convictions; other 
        provisions for withdrawal of services unaffected; responsible 
        connection with business; finality of Secretary's actions; 
        judicial review; record
        
    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.

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


                               Amendments

    1986--Subsec. (a). Pub. L. 99-641, Sec. 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, Sec. 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, Sec. 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, Sec. 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, Sec. 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, Sec. 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

    Section 403(b) of Pub. L. 99-641 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 of Pub. 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 of Pub. L. 99-641, see sections 403(e) and 404 
of Pub. 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 606 of 
this title.
