Sec. 20. [[21 U.S.C. 620](/us/usc/t21/s620)]

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## Sec. 20 **[**[21 U.S.C. 620](/us/usc/t21/s620)**]** ###

(a)No carcasses, parts of carcasses, meat or meat food products of amenable species17 which are capable of use as human food, shall be imported into the United States if such articles are adulterated or misbranded and unless they comply with all the inspection, building construction standards, and all other provisions of this Act and regulations issued thereunder applicable to such articles in commerce within the United States. No such carcasses, parts of carcasses, meat or meat food products shall be imported into the United States unless the livestock from which they were produced was slaughtered and handled in connnection with slaughter in accordance with the Act of August 27, 1958 (72 Stat. 862; 7 U.S.C. 1901–1906). All such imported articles shall, upon entry into the United States, be deemed and treated as domestic articles subject to the other provisions of this Act and the Federal Food, Drug, and Cosmetic Act: *Provided,* That they shall be marked and labeled as required by such regulations for imported articles: *Provided further,* That nothing in this section shall apply to any individual who purchases meat or meat products outside the United States for his own consumption except that the total amount of such meat or meat products shall not exceed fifty pounds. 17Sec. 798(1) of P.L. 109–97, Nov. 10, 2005, amended the Act by striking “cattle, sheep, swine, goats, horses, mules, and other equines” each place it appears and inserting “amenable species”. Although the previous text read “cattle, sheep, swine, goats, horses, mules, or other equines”, the amendment was executed to effectuate the probable intent of Congress. ###

(b)The Secretary may prescribe the terms and conditions for the destruction of all such articles which are imported contrary to this section, unless

(1)they are exported by the consignee within the time fixed therefor by the Secretary, or

(2)in the case of articles which are not in compliance with the Act solely because of misbranding, such articles are brought into compliance with the Act under supervision of authorized representatives of the Secretary. ###

(c)All charge§s for storage, cartage, and labor with respect to any article which is imported contrary to this section shall be paid by the owner or consignee, and in default of such payment shall constitute a lien against such article and any other article thereafter imported under this Act by or for such owner or consignee. ###

(d)The knowing importation of any article contrary to this section is prohibited. ###

(e)Not later than March 1 of each year the Secretary shall submit to the Committee on Agriculture of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate a comprehensive and detailed written report with respect to the administration of this section during the immediately preceding calendar year. Such report shall include, but shall not be limited to the following: ####

(1)#####

(A)A certification by the Secretary that foreign plants exporting carcasses or meat or meat products referred to in subsection

(a)have complied with requirements that achieve a level of sanitary protection equivalent to that achieved under United States requirements with regard to all inspection, building construction standards, and all other provisions of this Act and regulations issued under this Act. #####

(B)The Secretary may treat as equivalent to a United States requirement a requirement described in subparagraph

(A)if the exporting country provides the Secretary with scientific evidence or other information, in accordance with risk assessment methodologies determined appropriate by the Secretary, to demonstrate that the requirement achieves the level of sanitary protection achieved under the United States requirement. For the purposes of this subsection, the term “**sanitary protection**” means protection to safeguard public health. #####

(C)The Secretary may— ######

(i)determine, on a scientific basis, that a requirement of an exporting country does not achieve the level of protection that the Secretary considers appropriate; and ######

(ii)provide the basis for the determination to the exporting country in writing on request. #### (2)18 The names and locations of plants authorized or permitted to have imported into the United States therefrom carcasses or meat or meat products referred to in subsection

(a)of this section. 18Section 431*(l)* of Public Law 103–465 (108 Stat. 4970; GATT implementation legislation) struck a previous version of paragraph

(2)and redesignated paragraphs

(3)through

(7)accordingly. The previous paragraph

(2)read as follows: “A certification by the Secretary that, except as provided in paragraph (1), foreign plants that export carcasses or meat or meat products referred to in subsection

(a)have complied with requirements that are at least equal to all inspection and building construction standards and all other provisions of this Act and regulations issued under this Act.”. Paragraph

(3)as redesignated contains a reference to the previous paragraph (2), but the reference would seem to still work to the new paragraph (2), which is the old paragraph (3). ####

(3)The number of inspectors employed by the Department of Agriculture in the calendar year concerned who were assigned to inspect plants referred to in paragraph (e)(2) hereof and the frequency with which each such plant was inspected by such inspectors. ####

(4)The number of inspectors licensed by each country from which any imports subject to the provisions of this section were imported who were assigned, during the calendar year concerned, to inspect such imports and the facilities in which such imports were handled and the frequency and effectiveness of such inspections. ####

(5)The total volume of carcasses or meat or meat products referred to in subsection

(a)of this section which was imported into the United States during the calendar year concerned from each country, including a separate itemization of the volume of each major category of such imports from each country during such year, and a detailed report of rejections of plants and products because of failure to meet appropriate standards prescribed by this Act. ####

(6)The name of each foreign country that applies standards for the importation of meat articles from the United States that are described in subsection (h)(2). ###

(f)Notwithstanding any other provision of law, all carcasses, parts of carcasses, meat, and meat food products of amenable species,19 capable of use as human food, offered for importation into the United States shall be subject to the inspection, sanitary, quality, species verification, and residue standards applied to products produced in the United States. Any such imported meat articles that do not meet such standards shall not be permitted entry into the United States. The Secretary shall enforce this provision through

(1)the imposition of random inspections for such species verification and for residues, and

(2)random sampling and testing of internal organs and fat of the carcasses for residues at the point of slaughter by the exporting country in accordance with methods approved by the Secretary. Each foreign country from which such meat articles are offered for importation into the United States shall obtain a certification issued by the Secretary stating that the country maintains a program using reliable analytical methods to ensure compliance with the United States standards for residues in such meat articles. No such meat article shall be permitted entry into the United States from a country for which the Secretary has not issued such certification. The Secretary shall periodically review such certifications and shall revoke any certification if the Secretary determines that the country involved is not maintaining a program that uses reliable analytical methods to ensure compliance with United States standards for residues in such meat articles. The consideration of any application for a certification under this subsection and the review of any such certification, by the Secretary, shall include the inspection of individual establishments to ensure that the inspection program of the foreign country involved is meeting such United States standards. 19Sec. 798(1) of P.L. 109–97, Nov. 10, 2005, amended the Act by striking “cattle, sheep, swine, goats, horses, mules, and other equines” each place it appears and inserting “amenable species”. Although the previous text read “cattle, sheep, swine, goats, horses, mules, or other equines”, the amendment was executed to effectuate the probable intent of Congress. ###

(g)The Secretary may prescribe terms and conditions under which amenable species that have been administered an animal drug or antibiotic banned for use in the United States may be imported for slaughter and human consumption. No person shall enter amenable species into the United States in violation of any order issued under this subsection by the Secretary. ###

(h)####

(1)As used in this subsection: #####

(A)The term “**meat articles**” means carcasses, meat and meat food products of amenable species,20 that are capable of use as human food. 20Sec. 798(1) of P.L. 109–97, Nov. 10, 2005, amended the Act by striking “cattle, sheep, swine, goats, horses, mules, and other equines” each place it appears and inserting “amenable species”. Although the previous text read “cattle, sheep, swine, goats, horses, mules, or other equines”, the amendment was executed to effectuate the probable intent of Congress. #####

(B)The term “**standards**” means inspection, building construction, sanitary, quality, species verification, residue, and other standards that are applicable to meat articles. ####

(2)On request of the Committee on Agriculture or the Committee on Ways and Means of the House of Representatives or the Committee on Agriculture, Nutrition, and Forestry or the Committee on Finance of the Senate, or at the initiative of the Secretary, the Secretary shall, as soon as practicable, determine whether a particular foreign country applies standards for the importation of meat articles from the United States that are not related to public health concerns about end-product quality that can be substantiated by reliable analytical methods. ####

(3)If the Secretary determines that a foreign country applies standards described in paragraph (2)— #####

(A)the Secretary shall consult with the United States Trade Representative; and #####

(B)within 30 days after the determination of the Secretary under paragraph (2), the Secretary and the United States Trade Representative shall recommend to the President whether action should be taken under paragraph (4). ####

(4)Within 30 days after receiving a recommendation for action under paragraph (3), the President shall, if and for such time as the President considers appropriate, prohibit imports into the United States of any meat articles produced in such foreign country unless it is determined that the meat articles produced in that country meet the standards applicable to meat articles in commerce within the United States. ####

(5)The action authorized under paragraph

(4)may be used instead of, or in addition to, any other action taken under any other law.

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