81
STAT.]
PUBLIC LAW 90-201-DEC. 15, 1967
589
ards and possible impairment of the coordinated effective administration of these Acts, There shall also be consultation between the Secretary and an appropriate advisory committee provided for in section 301 of this Act, prior to the issuance of such standards under this Act, Post, p. 595. to avoid, insofar as feasible, inconsistency between Federal and State standards. " (d) No article subject to this title shall be sold or offered for sale by any person, firm, or corporation, in commerce, under any name or other marking or labeling which is false or misleading, or in any container of a misleading form or size, but established trade names and other marking and labeling and containers which are not false or misleading and which are approved by the Secretary are permitted. "(e) If the Secretary has reason to believe that any marking or Judicial review. labeling or the size or form of any container in use or proposed for use with respect to any article subject to this title is false or misleading in any particular, he may direct that such use be withheld unless the marking, labeling, x)r container is modified in such manner as he may prescribe so that it will not be false or misleading. If the person, firm, or corporation using or proposing to use the marking, labeling or container does not accept the determination of the Secretary, such person, firm, or corporation may request a hearing, but the use of the marking, labeling, or container shall, if the Secretary so directs, be withheld pending hearing and final determination by the Secretary. Any such determination by the Secretary shall be conclusive unless, within thirty days after receipt of notice of such final determination, the person, firm, or corporation adversely affected thereby appeals to the United States court of appeals for the circuit in which such person, firm, or corporation has its principal place of business or to the United States Court of Appeals for the District of Columbia Circuit. The provisions of section 204 of the Packers and Stockyards Act, 1921 (42 Stat. 162, as amended; 7 U.S.C. 194), ^2 Stat. 944. shall be applicable to appeals taken under this section." SEC. 7. Section 10 of said Act (21 U.S.C. 78) is hereby amended to read: "SEC. 10. No person, firm, or corporation shall, with respect to any cattle, sheep, swine, goats, horses, mules, or other equines, or any carcasses, parts of carcasses, meat or meat food products of any such animals— " (a) slaughter any such animals or prepare any such articles slaughtering of which are capable of use as human food at any establishment pre- ^"^"^ ^" paring any such articles for commerce, except in compliance with the requirements of this Act; Sale and " (b) sell, transport, offer for sale or transportation, or receive portation oftransmeat. for transportation, in commerce, (1) any such articles which (A) are capable of use as human food and (B) are adulterated or misbranded at the time of such sale, transportation, offer for sale or transportation, or receipt for transportation; or (2) any articles required to be inspected under this title unless they have been so inspected and passed; "(c) do, with respect to any such articles which are capable of use as human food, any act while they are being transported in commerce or held for sale after such transportation, which is intended to cause or has the effect of causing such articles to be adulterated or misbranded." SEC. 8. Section 11 of said Act (21 U.S.C. 79) is hereby amended to counterfeit or T
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unauthorized use
read as loilows: of labeis. "SEC. 11. (a) No brand manufacturer, printer, or other person, firm, or corporation shall cast, print, lithograph, or otherwise make any device containing any official mark or simulation thereof, or any
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