Page:United States Statutes at Large Volume 82.djvu/847

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[82 STAT. 805]
[82 STAT. 805]
PUBLIC LAW 90-000—MMMM. DD, 1968

82 STAT. ]

PUBLIC LAW 90-492-AUG. 18, 1968


SEC. 15. Section 16 of said Act (21 U.S.C. 465) is hereby amended ^^ ^'^'- ^'^ to read: "SEC. 16. The Secretary may limit the entry of poultry products and other materials into any official establishment, under such conditions as he may prescribe to assure that allowing the entry of such articles into such inspected establishments will be consistent with the purposes of this Act." SEC. 16. Section 18 of said Act (21 U.S.C. 467) is hereby amended to i^J,"^*'"'" ^"^' read: "SEC. 18. (a) The Secretary may (for such period, or indefinitely, as he deems necessary to effectuate the purposes of this Act) refuse to provide, or withdraw, inspection service under this Act 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 tx) engage in any business requiring inspection upon this Act because the applicant or recipient or anyone responsibly connected with the applicant or recipient, has been convicted, in any Federal or State court, within the previous ten years of (1) any felony or more than one misdemeanor under any law based upon the acquiring, handling, or distributing of adulterated, mislabeled, or deceptively packaged food or fraud in connection with transactions in food; or (2) any felony, involving fraud, bribery, extortion, or any other act or circumstances indicating a lack of the integrity needed for the conduct of operations affecting the public health. For the purpose of this paragraph 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. "(b) Upon the withdrawal of inspection service from any official bearing. establishment for failure to destroy condemned poultry products as required under section 6 of this Act, or other failure of an official ^"'e, p. 798. establishment to comply with the requirements as to premises, facilities, or equipment, or the operation thereof, as provided in section 7 of this Act, or the refusal of inspection service to any applicant therefor ^"*^' P- '^^^ because of failure to comply with any requirements under section 7,the applicant for, or recipient of, -the service shall, upon request, be afforded opportunity for a hearing with respect to the merits or validity of such action; but such withdrawal or refusal shall continue in effect unless otherwise ordered by the Secretary. " (c) The determination and order of the Secretary when made after Judicial review. opportunity for hearing, with respect to withdrawal or refusal of inspection service under this Act shall be final and conclusive unless the affected af)plicant for, or recipient of, inspection service files application for judicial review within thirty days after the effective date of such order in the United States Court of Appeals as provided in section 8 of this Act. Judicial review of any such order shall be upon the record upon which the determination and order are based. The provisions of section 204 of the Packers and Stockyards Act of 1921, as amended, shall be applicable to appeals taken under this section." ^l ^**- ^^2; SEC. 17. Sections 19;through 22 of said Act (21 U.S.C. 468, 469, 451 7 USC l i note) are hereby redesignated as sections 25,26,28, and 29, respectively, and new sections 19, 20, 21, 22, 23, 24, and 27 are added to the Act to read, respectively: "SEC. 19. Whenever any poultry product, or any product exempted „^^°""jfenti',fn ucts, from the definition of a poultry product, or any dead, dying, disabled, '"^^ detention. or diseased poultry is found by any authorized representative of the Secretary upon any premises where it is held for purposes of, or during or after distribution in, commerce or otherwise subject to this Act, and there is reason to believe that any such article is adulterated or mis-