Sec. 409. **[**[21 U.S.C. 679](/us/usc/t21/s679)**]**
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## Sec. 409 **[**[21 U.S.C. 679](/us/usc/t21/s679)**]** ###
(a)Notwithstanding any other provisions of law, including section 1002(b) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 392(a)), the provisions of this Act shall not derogate from any authority conferred by the Federal Food, Drug, and Cosmetic Act prior to enactment of the Wholesome Meat Act. ###
(b)The detainer authority conferred by section 402 of this Act shall apply to any authorized representative of the Secretary of Health, Education, and Welfare for purposes of the enforcement of the Federal Food, Drug, and Cosmetic Act with respect to any carcass, part thereof, meat, or meat food product of amenable species37 that is outside any premises at which inspection is being maintained under this Act, and for such purposes the first reference to the Secretary in section 402 shall be deemed to refer to the Secretary of Health, Education, and Welfare. 37Sec. 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, or equines”, the amendment was executed to effectuate the probable intent of Congress.
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