FSMC, TITLE 22. AGRICULTURE & LIVESTOCK |
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Chapter 5: Export Meat
Inspection
§ 501. Short title.
§ 502. Definitions.
§ 503. Examination and inspection of animals prior to slaughtering.
§ 504. Methods of slaughtering allowed.
§ 505. Post-mortem examination.
§ 506. Application of provisions.
§ 507. Examination and inspection of meat products prepared for export.
§ 508.
Labeling of packaged meat products - General requirements.
§ 509.
Labeling of packaged meat products - Specific requirements authorized.
§ 510. Labeling of packaged meat products - Type styles and sizes.
§ 511.
Labeling of packaged meat products - Approved forms.
§ 512.
Labeling of packaged meat products - Enforcement.
§ 513.
Sanitation inspections - Authorized; Action on discovery of insanitary
conditions.
§ 514.
Sanitation inspections - When made.
§ 515. Compliance with provisions of chapter required.
§ 516.
Marking - Authorization required.
§ 517.
Marking - Prohibited practices.
§ 518. Appointment of inspectors.
§ 519. Inspection required before marking.
§ 520. Rules and regulations governing inspections.
§ 521. Bribery - Bribery of officials.
§ 522.
Bribery - Accepting bribe.
§ 523. Control of handling and storage.
§ 524. Animal products not intended for human consumption.
§ 525. Maintenance and inspection of records; Inspection of facilities and
inventory.
§ 526. Registration of business.
§ 527. Trade in animals dying otherwise than by slaughter.
§ 528. Withdrawal of inspection services.
§ 529. Detention of adulterated products; Removal of official markings.
§ 530. Seizure and condemnation.
§ 531. Judicial enforcement.
§ 532. Obstructing enforcement of chapter.
§ 533. Miscellaneous violations.
§ 534. Prosecution for minor violations discretionary.
§ 535. Investigative powers of chief of agriculture; Reports.
§ 536.
Investigative powers of Attorney General - Examination of documents and
witnesses.
§ 537.
Investigative powers of Attorney General - Judicial sanctions.
§ 538.
Investigative powers of the Attorney General - Depositions.
§ 539.
Investigation by Attorney General - Witness fees.
§ 540.
Investigation by Attorney General - Incriminating testimony and evidence.
§ 541.
Investigation by Attorney General - Penalty for failure to testify.
§ 542. Penalty for willful falsification of records and refusal to permit examination
of documents.
§ 543. Penalty for failure to file reports.
§ 544. Penalty for unauthorized disclosure of information.
§ 545. Severability.
§ 546. Ratification of rules and regulations.
This chapter shall be designated as
the "Trust Territory Export Meat Inspection Act."
Source: COM PL 3C-58 § 28; TT Code 1970, 25 TTC 78; TT Code 1980, 25 TTC 78.
Cross-reference: For the statutory provisions on the National Food Safety Act, see chapter 10 of title 41 of this code.
As used in this chapter, except as otherwise specified, the following terms shall have the meanings stated below:
(1) "Adulterated" shall apply to any carcass, part thereof, meat, or meat food product under one or more of the following circumstances:
(a) if it bears or contains any poisonous or deleterious substance which may render it injurious to health; but, in case the substance is not an added substance, such article shall not be considered adulterated under this clause if the quantity of such substance in or on such article does not ordinarily render it injurious to health;
(b) (i) if it bears or contains (by reason of administration of any substance to the live animal or otherwise) any added poisonous or added deleterious substance (other than one which is a pesticide chemical in or on a raw agricultural commodity, a food additive, a color additive, or antibiotic or other medication) which may, in the judgment of the chief of agriculture make such article unfit for human food;
(ii) if it is, in whole or in part, a raw agricultural commodity, and such commodity bears or contains a pesticide chemical which is unsafe as defined by the chief of agriculture;
(iii) if it bears or contains any food additive which is unsafe as defined by the chief of agriculture;
(iv) if it bears or contains any color additive which is unsafe as defined by the chief of agriculture; provided, that an article which is not adulterated under clauses (ii), (iii) or this clause shall nevertheless be deemed adulterated if use of the pesticide chemical, food additive, color additive, or antibiotic in or on such article is prohibited by regulations of the chief of agriculture in establishments at which inspection is maintained under this chapter;
(c) if it consists in whole or in part of any filthy, putrid, or decomposed substance or is for any other reason unsound, unhealthful, unwholesome, or otherwise unfit for human food;
(d) if it has been prepared, packed, or held under unsanitary conditions whereby it may have become contaminated with filth, or whereby it may have been rendered injurious to health;
(e) if it is, in whole or in part, the product of an animal which has died otherwise than by slaughter;
(f) if its container is composed, in whole or in part, of any poisonous or deleterious substance which may render the contents injurious to health;
(g) if it has been intentionally subjected to radiation, unless the use of the radiation was in conformity with a regulation or exemption in effect pursuant to regulations issued by the chief of agriculture;
(h) if any valuable constituent has been in whole or in part omitted or abstracted therefrom; or if any substance has been substituted, wholly or in part therefor; or if damage or inferiority has been concealed in any manner; or if any substance has been added thereto or mixed or packed therewith so as to increase its bulk or weight, or reduce its quality or strength, or make it appear better or of greater value than it is; or
(i) if it is margarine containing animal fat and any of the raw material used therein consisting in whole or in part of any filthy, putrid, or decomposed substance.
(2) "Animal-food manufacturer" means any person, firm, or corporation engaged in the business of manufacturing or processing animal food derived wholly or in part from carcasses, or parts or products of the carcasses, of cattle, sheep, swine, or goats.
(3) "Capable of use as human food" shall apply to any carcass, or part or product of a carcass, of any animal, unless it is denatured or otherwise identified as required by regulations prescribed by the chief of agriculture to deter its use as human food, or it is naturally inedible by humans.
(4) "Chief of agriculture" means the chief of agriculture or his designated representative.
(5) "Export" means commerce from the Trust Territory to any foreign country or the United States, its territories and possessions.
(6) "Firm" means any partnership, association, or other unincorporated business organization.
(7) "Label" means a display of written, printed, or graphic matter upon the immediate container (not including package liners) of any article.
(8) "Labeling" means all labels and other written, printed, or graphic matter
(a) upon any article or any of its containers or wrappers; or
(b) accompanying such article.
(9) "Meat broker" means any person, firm, or corporation engaged in the business of buying or selling carcasses, parts of carcasses, meat, or meat food products of cattle, sheep, swine, or goats, on commission, or otherwise negotiating purchases or sales of such articles other than for his own account or as an employee of another person, firm or corporation.
(10) "Meat food product" means any product capable of use as human food which is made wholly or in part from any meat or other portion of the carcass of any cattle, sheep, swine, or goats, excepting products which contain meat or other portions of such carcasses only in a relatively small proportion or historically have not been considered by consumers as products of the meat food industry, and which are exempted from definition as a meat food product by the chief of agriculture under such conditions as he may prescribe to assure that the meat or other portions of such carcasses contained in such product are not adulterated and that such products are not represented as meat food products.
(11) "Misbranded" shall apply to any carcass, part thereof, meat or meat food product under one or more of the following circumstances:
(a) if its labeling is false or misleading in any particular;
(b) if it is offered for sale under the name of another food;
(c) if it is an imitation of another food, unless its label bears, in type of uniform size and prominence, the word "imitation" and immediately thereafter, the name of the food imitated;
(d) if the container is so made, formed, or filled as to be misleading;
(e) if in a package or other container unless it bears a label showing
(i) the name and place of
business of the manufacturer, packer, or distributor; and
(ii) an accurate statement of
the quantity of the contents in terms of weight, measure, or numerical
count; provided, that under clause (ii) of this paragraph, reasonable
variations may be permitted, and exemptions as to small packages may be
established, by regulations prescribed by the chief of
agriculture;
(f) if any word, statement, or
other information required by or under authority of this chapter to appear
on the label or other labeling is not prominently placed thereon with such
conspicuousness (as compared with other words, statements, designs, or
devices, in the labeling) and in such terms as to render it likely to be
used and understood by the ordinary individual under customary conditions
of purchase and use;
(g) if it purports to be or is
represented as a food for which a definition and standard of identity or
composition has been prescribed by regulations of the chief of agriculture
under sections 508 through 512 of this chapter unless:
(i) it conforms to such
definition and standard; and
(ii) its label bears the
name of the food specified in the definition and standard and, insofar as
may be required by such regulations, the common names of optional
ingredients (other than spices, flavoring, and coloring) present in such
food;
(h) if it purports to be or is
represented as a food for which a standard or standards of fill of
container have been prescribed by regulations of the chief of agriculture
under paragraph (g) of this subsection, and it falls below the standard of
fill of container applicable thereto, unless its label bears, in such
manner and form as such regulations specify, a statement that it falls
below such standard;
(i) if it is not subject to the
provisions of paragraph (g) of this subsection, unless its label
bears:
(i) the common or usual
name of the food, if any there be; and
(ii) in case it is
fabricated from two or more ingredients, the common or usual name of each
such ingredient; except that spices, flavorings, and colorings may, when
authorized by the chief of agriculture, be designated as spices,
flavorings, and colorings without naming each; provided, that, to the
extent that compliance with the requirements of clause (ii) of this
subsection is impracticable, or results in deception or unfair
competition, exemptions shall be established by regulations promulgated by
the chief of agriculture;
(j) if it purports to be or is
represented for special dietary uses, unless its label bears such
information concerning its vitamin, mineral, and other dietary properties
as the chief of agriculture, after consultation with the director for
Health Services, determines to be, and by regulations prescribes as
necessary in order fully to inform purchasers as to its value for such
uses;
(k) if it bears or contains any
artificial flavoring, artificial coloring, or chemical preservative,
unless it bears labeling stating that fact; provided, that, to the extent
that compliance with the requirements of this paragraph is
impracticable, exemptions shall be established by regulations promulgated
by the chief of agriculture; or
(l) if it fails to bear the
inspection legend directly thereon or on its container as the chief of
agriculture may by regulations prescribe, and, unrestricted by any of the
foregoing, such information as the chief of agriculture may require in
such regulations to assure that it will not have false or misleading
labeling and that the public will be informed of the manner of handling
required to maintain the article in a wholesome condition.
(12) "Official certificate" means any certificate
prescribed by regulations of the chief of agriculture for issuance by an
inspector or other person performing official functions under this
chapter.
(13) "Official device" means any device prescribed or
authorized by the chief of agriculture for use in applying any official
mark.
(14) "Official inspection legend" means any symbol
prescribed by regulations of the chief of agriculture showing that an
article was inspected and passed in accordance with this
chapter.
(15) "Official mark" means the official inspection
legend or any other symbol prescribed by regulations of the chief of
agriculture to identify the status of any article or animal under this
chapter.
(16) "Pesticide chemical," "food additive," "color additive," "antibiotic" or
other medication, and "raw agricultural
commodity" shall be defined by the chief of
agriculture.
(17) "Prepared" means slaughtered, canned, salted,
rendered, boned, cut up, or otherwise manufactured or
processed.
(18) "Renderer" means any person, firm, or corporation
engaged in the business of rendering carcasses, or parts or products of
carcasses, of cattle, sheep, swine, or goats, except rendering conducted
under inspection under this chapter. Source: COM PL 3C-58 § 1; TT Code 1970, 25 TTC 51; TT
Code 1980, 25 TTC 51. Editor's notes: Subsections rearranged in alphabetical
order. Subsection (11)(e)(ii) ended with a period in the 1982
edition. Cross-reference: For the statutory provisions on the
National Food Safety Act, see chapter 10 of title 41 of this
code.
(1) For the purpose of
preventing the use in export commerce, as hereinafter provided, of meat
and meat food products which are adulterated, the chief of agriculture
shall cause to be made, by inspectors appointed for that purpose, an
examination and inspection of all cattle, sheep, swine and goats before
they shall be allowed to enter into any slaughtering, packing, meat
canning, rendering, or similar establishment in the Trust Territory in
which slaughtering and preparation of meat and meat food products of such
animals are conducted solely for export commerce.
(2) All cattle, sheep, swine and
goats found on such inspection to show symptoms of disease shall be set
apart and slaughtered separately from all other cattle, sheep, swine or
goats, and when so slaughtered, the carcasses of said cattle, sheep, swine
or goats shall be subject to a careful examination and inspection, all as
provided by the rules and regulations to be prescribed by the chief of
agriculture.
(3) The chief of agriculture
may, with the approval of the High Commissioner, promulgate and issue
rules and regulations covering the disposition of condemned carcasses and
materials classified as inedible. Such rules and regulations shall
have the force and effect of law. Source: COM PL 3C-58 § 2; TT Code 1970, 25 TTC
52; TT Code 1980, 25 TTC 52. Cross-reference: For the statutory provisions on the
National Food Safety Act, see chapter 10 of title 41 of this
code. No method of slaughtering or handling
in connection with slaughtering shall be deemed to comply with the public
policy of the Trust Territory unless it is humane. The following
methods of slaughtering and handling are hereby found to be humane in the
case of cattle, calves, sheep, swine, goats and other livestock:
where all animals are rendered insensible to pain by a single blow
or gunshot or an electric, chemical, or other means that is rapid and
effective before being shackled, hoisted, thrown, cast, or
cut. Source: COM PL 3C-58 § 3; TT Code 1970, 25 TTC 53; TT
Code 1980, 25 TTC 53. For the purposes set
forth in sections 502 through 504 of this chapter:
(1) The chief of agriculture
shall appoint inspectors and cause the same to make post-mortem
examination and inspection of the carcasses and parts thereof of all
cattle, sheep, swine, and goats capable of use as human food, to be
prepared at any slaughtering, meat canning, salting, packing, rendering,
or similar establishment in the Trust Territory in which such articles are
prepared solely for export commerce. (2)
The carcasses and parts of all such animals found
to be unadulterated shall be marked, stamped, tagged, or labeled
as "Inspected and Passed." The carcasses and parts of all
such animals found to be adulterated shall be marked, stamped, tagged, or
labeled as "Inspected and Condemned." The carcasses and
parts of all such inspected and condemned animals shall be destroyed for
food purposes by said establishment in the presence of an inspector, and
the chief of agriculture may remove inspectors from any such establishment
which fails to so destroy any such condemned carcass or part
thereof. (3)
After the first inspection authorized under
subsection (1) of this section, the inspectors shall, when they deem it
necessary, reinspect said animal carcasses or parts thereof to determine
whether the same have become adulterated, and, if any carcass or any parts
thereof shall be found to have become adulterated, the same shall be
destroyed for food purposes by the said establishment in the presence of
an inspector. (4)
The chief of agriculture may remove inspectors
from any establishment which fails to so destroy any such condemned
carcass or part thereof. Source: COM
PL 3C-58 § 3; TT Code 1970, 25 TTC 54; TT Code 1980, 25 TTC
54. Editor's note:
Subsections (1) and (2), and subsections (3) and (4), appeared as
single subsections in editions previous to 1982. Cross-reference:
For the statutory provisions on the National Food Safety Act, see
chapter 10 of title 41 of this code. (1)
Sections 503 through 505 of this chapter shall
apply to all carcasses or parts of carcasses of cattle, sheep, swine, and
goats, or the meat or meat products thereof, capable of use as human food,
which may be brought into any slaughtering, meat canning, salting,
packing, rendering, or similar establishment, where inspection under this
chapter is maintained. Examination and inspection shall be had
before the carcasses or parts thereof shall be allowed to enter into any
department wherein the same are to be treated and prepared for meat food
products. (2)
The foregoing sections referred to shall also
apply to all such products which, after having been issued from any such
slaughtering, meat canning, salting, packing, rendering, or similar
establishment, shall be returned to the same or to any similar
establishment where such inspection is maintained. (3)
The chief of agriculture may limit the entry of
carcasses, parts of carcasses, meat and meat food products, and other
materials into any establishment at which inspection under this chapter is
maintained, 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 purpose of this chapter. Source: COM PL
3C-58 § 5; TT Code 1970, 25 TTC 55; TT Code 1980, 25 TTC
55. Cross-reference:
For the statutory provisions on the National Food Safety Act, see
chapter 10 of title 41 of this code. (1)
For the purposes of this chapter, the chief of
agriculture shall appoint inspectors and cause the same to make an
examination and inspection of all meat food products prepared in any
slaughtering, meat canning, salting, packing, rendering, or similar
establishment, where such articles are prepared solely for export
commerce. (2)
For the purposes of any examination and
inspection, said inspectors shall have access at all times, by day or by
night, whether the establishment be then in operation or not, to every
part of the establishment. (3)
The inspectors shall mark, stamp, tag, or label
as "Trust Territory - Inspected and Passed" all such products
found to be unadulterated. (4)
The inspectors shall label, mark, stamp, or tag
as " Trust Territory - Inspected and Condemned" all such
products found adulterated, and all such condemned meat food products
shall be destroyed for food purposes as provided in subsection (2) section
505 of this chapter. (5)
The chief of agriculture may remove inspectors
from any establishment which fails to so destroy such condemned meat food
products. Source: COM
PL 3C-58 § 6; TT Code 1970, 25 TTC 56; TT Code 1980, 25 TTC
56. Cross-reference:
For the statutory provisions on the National Food Safety Act, see
chapter 10 of title 41 of this code. When any meat or meat
food product prepared for export commerce which has been inspected as
provided in section 507 of this chapter and marked " Trust
Territory - Inspected and Passed" shall be placed or packed in any
can, pot, tin, canvas, or other receptacle or covering in any
establishment where inspection under the provisions of this chapter is
maintained, the person, firm, or corporation preparing said product shall
cause a label to be attached to said can, pot, tin, canvas, or other
receptacle or covering, under supervision of an inspector, which label
shall state that the contents thereof have been inspected and passed under
the provisions of this chapter, and no inspection and examination of meat
or meat food products deposited or enclosed in cans, tins, pots, canvas,
or other receptacle or covering in any establishment where inspection
under the provisions of this chapter is maintained shall be deemed to be
complete until such meat or meat food products have been sealed or
enclosed in said can, tin, pot, canvas, or other receptacle or covering
under the supervision of an inspector. Source: COM
PL 3C-58 § 7(a); TT Code 1970, 25 TTC 57(1); TT Code 1980, 25 TTC
57(1). Cross-reference:
For the statutory provisions on the National Food Safety Act, see
chapter 10 of title 41 of this code. All carcasses, parts of
carcasses, meat and meat food products inspected at any establishment
under the authority of this chapter and found to be unadulterated shall,
at the time they leave the establishment, bear, in distinctly legible
form, directly thereon or on their containers, as the chief of agriculture
may require, the information required under subsection (11), section
502. Source: COM
PL 3C-58 § 7(b); TT Code 1970, 25 TTC 57(2); TT Code 1980, 25 TTC
57(2). The chief of
agriculture, whenever he determines such action is necessary, may
prescribe the styles and sizes of type to be used with respect to material
required to be incorporated in labeling to avoid false or misleading
labeling of any articles or animals subject to this
chapter. Source: COM
PL 3C-58 § 7(c); TT Code 1970, 25 TTC 57(3); TT Code 1980, 25 TTC
57(3). No
article subject to this chapter shall be sold or offered for sale by any
person, firm, or corporation, in export 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 chief of agriculture are permitted. Source: COM
PL 3C-58 § 7(d); TT Code 1970, 25 TTC 57(4); TT Code 1980, 25 TTC
57(4).
§ 512. Labeling of packaged meat products -
Enforcement. (1)
If the chief of agriculture has reason to believe
that any marking or labeling, or the size or form of any container in use
or proposed for use with respect to any article subject to this chapter,
is false or misleading in any particular, he may direct that such use be
withheld unless the marking, labeling, or container is modified in such
manner as he may prescribe so that it will not be false or
misleading. (2)
If the person, firm, or corporation using or
proposing to use the marking, labeling or container does not accept the
determination of the chief of agriculture, such person, firm, or
corporation may request a hearing, but the use of the marking, labeling,
or container shall, if the chief of agriculture so directs, be withheld
pending hearing and final determination by the chief of
agriculture. (3)
Any such determination by the chief of agriculture
shall be conclusive unless, within 30 days after receipt of notice of such
final determination, the person, firm, or corporation adversely affected
thereby appears before the Trial Division of the High
Court. Source: COM
PL 3C-58 § 7(e); TT Code 1970, 25 TTC 57(5); TT Code 1980, 25 TTC
57(5). Cross-reference:
For the statutory provisions on the National Food Safety Act, see
chapter 10 of title 41 of this code. (1)
The chief of agriculture shall cause to be made,
by experts in sanitation or by other competent inspectors, such inspection
of all slaughtering, meat canning, salting, packing, rendering, or similar
establishments in which cattle, sheep, swine, and goats are slaughtered
and the meat or meat food products thereof are prepared solely for export
commerce, as may be necessary to inform himself concerning the sanitary
conditions of the same, and to prescribe the rules and regulations of
sanitation under which such establishment shall be
maintained. (2)
Where the sanitary conditions of any such
establishments are such that the meat or meat food products there are
rendered adulterated, he shall refuse to allow said meat or meat food
products to be labeled, marked, stamped or tagged as "Trust
Territory - Inspected and Passed." Source: COM
PL 3C-58 § 8; TT Code 1970, 25 TTC 58; TT Code 1980, 25 TTC
58. Cross-reference:
For the statutory provisions on the National Food Safety Act, see
chapter 10 of title 41 of this code.
§ 514. Sanitation
inspections - When made.
The chief of
agriculture shall cause an examination and inspection of all cattle,
sheep, swine, and goats, and the food products thereof, slaughtered and
prepared in the establishments described in the preceding sections of this
chapter for the purposes of export commerce, to be made during the
nighttime, as well as during the daytime, when the slaughtering of said
cattle, sheep, swine and goats, or the preparation of said food products,
is conducted during those hours. Source: COM
PL 3C-58 § 9; TT Code 1970, 25 TTC 59; TT Code 1980, 25 TTC
59. Cross-reference:
For the statutory provisions on the National Food Safety Act, see
chapter 10 of title 41 of this code. No
person, firm, or corporation shall, with respect to any cattle, sheep,
swine, or goats or any carcasses, parts of carcasses, meat, or meat food
products of any such animals: (1)
slaughter any such animals or prepare any such
articles which are capable of use as human food, at any establishment
preparing such articles solely for export commerce, except in compliance
with the requirements of this chapter; (2)
sell, transport, offer for sale or transportation,
or receive for transportation, in export commerce: (a)
any such articles which (i)
are capable of use as human food:
and (ii)
are adulterated or misbranded at the time of such
sale, transportation, offer for sale or transportation, or receipt for
transportation; or
(b)
any articles required to be inspected under this
chapter unless they have been so inspected and passed; (3)
do, with respect to any such articles which are
capable of use as human food, any act while they are being transported in
export 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. Source: COM
PL 3C-58 § 10; TT Code 1970, 25 TTC 60; TT Code 1980, 25 TTC
60. 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 label bearing any such mark or
simulation, or any form of official certificate or simulation thereof,
except as authorized by the chief of agriculture. Source: COM
PL 3C-58 § 11(a); TT Code 1970, 25 TTC 61(1); TT Code 1980, 25 TTC
61(1). No
person, firm, or corporation shall: (1)
forge any official device, mark, or
certificate; (2)
use any official device, mark, or certificate, or
simulation thereof, or alter, detach, deface, or destroy any official
device, mark, or certificate without authorization from the chief of
agriculture; (3)
fail to use, or to detach, deface, or destroy any
official device, mark, or certificate contrary to the regulations
prescribed by the chief of agriculture; (4)
knowingly possess, without promptly notifying the
chief of agriculture or his representative, any official device or any
counterfeit, simulated, forged, or improperly altered official certificate
of any device or label, or any carcass of any animal, or any part or
product thereof bearing any counterfeit, simulated, forged, or improperly
altered official mark; (5)
knowingly make any false statement in any
shipper's certificate or other nonofficial or official certificate
provided for in the regulations prescribed by the chief of agriculture;
or (6)
knowingly represent that any article has been
inspected and passed, or exempted, under this chapter when, in fact, it
has not been so inspected and passed, or exempted. Source: COM
PL 3C-58 § 11(b); TT Code 1970, 25 TTC 61(2); TT Code 1980, 25 TTC
61(2). The chief of
agriculture shall appoint from time to time inspectors to make examination
and inspection of all cattle, sheep, swine, and goats, the inspection of
which is hereby provided for, and of all carcasses and parts thereof, and
of all meats and meat food products thereof, and of the sanitary
conditions of all establishments in which such meat and meat food products
destined for export are prepared. Source: COM
PL 3C-58 § 12; TT Code 1970, 25 TTC 62 (part); TT Code 1980, 25 TTC 62
(part). Cross-reference:
For the statutory provisions on the National Food Safety Act, see
chapter 10 of title 41 of this code. The inspectors so
appointed shall refuse to stamp, mark, tag, or label any carcass or any
part thereof, or any meat food product therefrom, prepared in any such
establishment, until the same shall have been inspected and found to be
unadulterated, and shall perform such other duties as are provided by this
chapter and by the rules and regulations to be prescribed by the chief of
agriculture from time to time as are necessary for the efficient execution
of the provisions of this chapter. Source: COM PL
3C-58 § 12; TT Code 1970, 25 TTC 62 (part); TT Code 1980, 25 TTC 62
(part). Cross-reference:
For the statutory provisions on the National Food Safety Act, see
chapter 10 of title 41 of this code. All inspections and
examinations made under this chapter shall be made in such manner as
described in the rules and regulations prescribed by the chief of
agriculture and shall be consistent with the provisions of this
chapter. Source: COM
PL 3C-58 § 12; TT Code 1970, 25 TTC 62 (part); TT Code 1980, 25 TTC 62
(part). Any person, firm, or
corporation, or any agent or employee of any person, firm, or corporation,
who shall give, pay, or offer, directly or indirectly, to any inspector,
deputy inspector, chief inspector, or any other officer or employee of the
Trust Territory authorized to perform any of the duties prescribed by this
chapter or by the rules and regulations of the chief of agriculture, any
money or other thing of value, with intent to influence said inspector,
deputy inspector, chief inspector, or other officer or employee of the
Trust Territory in the discharge of any duty specified in this chapter,
shall be deemed guilty of a felony, and, upon conviction thereof, shall be
punished by a fine of not less than $1,000 nor more than $5,000, and by
imprisonment for not less than one year nor more than three
years. Source: COM
PL 3C-58 § 13 (part); TT Code 1970, 25 TTC 63(1); TT Code 1980, 25 TTC
63(1). Cross-reference:
For statutory provisions on Crimes, see title 11 of this
code. Any inspector, deputy
inspector, chief inspector, or other officer or employee of the Trust
Territory authorized to perform any of the duties prescribed by this
chapter who shall accept any money, gift, or other thing of value from any
person, firm, or corporation, or officers, agents, or employees thereof,
given with intent to influence his official action, or who shall receive
or accept from any person, firm, or corporation engaged in export commerce
any gift, money, or other thing of value given with any purpose or intent
whatsoever, shall be deemed guilty of a felony and shall, upon conviction
thereof, be summarily discharged from office and shall be punished by a
fine of not less than $1,000 nor more than $5,000 and by imprisonment of
not less than one year nor more than three years. Source: COM PL
3C-58 § 13 (part); TT Code 1970, 25 TTC 63(2); TT Code 1980, 25 TTC
63(2). Cross-reference:
For statutory provisions on Crimes, see title 11 of this
code. (1)
The chief of agriculture may, by regulations,
prescribe conditions under which carcasses, parts of carcasses, meat, and
meat food products of cattle, sheep, swine, or goats, capable of use as
human food, shall be stored or otherwise handled by any person, firm, or
corporation engaged in the business of buying, selling, freezing, storing,
or transporting, in or for export commerce, such articles, whenever the
chief of agriculture deems such action necessary to assure that such
articles will not be adulterated or misbranded when delivered to the
consumer. (2)
The violation of any such regulations promulgated
by the chief of agriculture under the authority of this section is
prohibited. Source: COM
PL 3C-58 § 14; TT Code 1970, 25 TTC 64; TT Code 1980, 25 TTC
64. (1)
Inspection shall not be provided under this
chapter at any establishment for the slaughter of cattle, sheep, swine, or
goats, or the preparation of any carcasses or parts or products of such
animals, which are not intended for use as human food, but such articles
shall, prior to their offer for sale or transportation in export commerce,
unless naturally inedible by humans, be denatured or otherwise identified
as prescribed by regulations of the chief of agriculture to deter their
use for human food. (2)
No person, firm, or corporation shall buy, sell,
transport, or offer for sale or transportation, or receive for
transportation, in export commerce, any carcasses, parts thereof, meat, or
meat food products of any such animals, which are not intended for use as
human food, unless they are denatured or otherwise identified as required
by the regulations of the chief of agriculture or are naturally inedible
by humans. Source: COM
PL 3C-58 § 15; TT Code 1970, 25 TTC 65; TT Code 1980, 25 TTC
65. Editor's note:
Subsection (1) reads ". . . or parts of products" in the 1982
edition of this code. Cross-reference:
For the statutory provisions on the National Food Safety Act, see
chapter 10 of title 41 of this code. (1)
The following classes of persons, firms and
corporations shall keep such records as will fully and correctly disclose
all transactions involved in their businesses that directly relate to the
activities sought to be regulated by this chapter, and all such persons,
firms, and corporations subject to such requirements shall, at all
reasonable times, upon notice from the chief of agriculture, afford access
to their places of business and opportunity to examine the facilities,
inventory, and records thereof, to copy all such records, and to take
reasonable samples of their inventory upon payment of the fair market
value thereof: (a)
any persons, firms, or corporations that engage,
for export commerce, in the business of slaughtering any cattle, sheep,
swine, or goats, or preparing, freezing, packaging, or labeling any
carcasses, or parts or products of carcasses, or any such animals, for use
as human food or animal food; (b)
any persons, firms, or corporations that engage in
the business of buying or selling (as meat brokers, wholesalers or
otherwise), or transporting in export commerce, or storing in or for such
commerce, any carcasses or parts or products of carcasses, of any such
animals; (c)
any persons, firms, or corporations that engage in
business, in or for export commerce, as renderers, or engage in the
business of buying, selling, or transporting, in such commerce, any dead,
dying, disabled, or diseased cattle, sheep, swine, or goats, or parts of
the carcasses of any such animals that die otherwise than by
slaughter. (2)
Any records required to be maintained under this
section shall be maintained for such period of time as the chief of
agriculture may, by regulations, prescribe. Source: COM
PL 3C-58 § 16; TT Code 1970, 25 TTC 66; TT Code 1980, 25 TTC
66. No
person, firm, or corporation shall engage in business, in or for export
commerce, as a meat broker, renderer, or animal food manufacturer, or
engage in business in such commerce as a wholesaler of any carcasses, or
parts or products of the carcasses, of any cattle, sheep, swine, or goats,
whether intended for human food or other purposes, or engage in businesses
a public warehouseman storing any such articles in or for such commerce,
or engage in the business of buying, selling, or transporting in such
commerce, any dead, dying, disabled, or diseased animals of the specified
kinds, or parts of the carcasses of any such animals that died otherwise
than by slaughter, unless, when required by regulations of the chief of
agriculture, he has registered with the chief of agriculture his name, and
the address of each place of business at which, and all trade names under
which, he conducts such business. Source: COM
PL 3C-58 § 17; TT Code 1970, 25 TTC 67; TT Code 1980, 25 TTC
67. No
person, firm or corporation engaged in the business of buying, selling, or
transporting in export commerce, dead, dying, disabled, or diseased
animals, or any parts of the carcasses of any animals that died otherwise
than by slaughter, shall buy, sell, transport, offer for sale or
transportation, or receive for transportation, in such commerce, any dead,
dying, disabled, or diseased cattle, sheep, swine, or goats, or parts of
the carcasses of any such animals that died otherwise than by slaughter,
unless such transaction or transportation is made in accordance with such
regulations as the chief of agriculture may prescribe to assure that such
animals, or the unwholesome parts or products thereof, will be prevented
from being used for human food purposes. Source: COM
PL 3C-58 § 18; TT Code 1970, 25 TTC 68; TT Code 1980, 25 TTC
68. Cross-reference:
For the statutory provisions on the National Food Safety Act, see
chapter 10 of title 41 of this code. (1)
The chief of agriculture may, indefinitely, or for
such period as he deems necessary to effectuate the purposes of this
chapter, refuse to provide, or withdraw, inspection services 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 this chapter because the applicant or recipient, or
anyone responsibly connected therewith, has been convicted in any court of
the Trust Territory or any United States Federal or State court of a
violation of any law based upon the acquiring, handling, or distributing
of unwholesome, mislabeled or deceptively packaged meat products or upon
fraud in connection with transactions in food. (2)
This section shall not affect in any way any other
provisions of this chapter for the withdrawal of inspection services under
this chapter from establishments failing to maintain sanitary conditions
or to destroy condemned carcasses, parts, meat, or meat food
products. (3)
For the purposes 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 percent or more of its
voting stock, or an employee thereof in a managerial or executive
capacity. The determination and order of the chief of agriculture
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 30 days after the effective
date of such order in the appropriate court as provided in section 531 of
this chapter. Judicial review of any such order shall be upon the record
upon which the determination and order were based. Source: COM PL
3C-58 § 19; TT Code 1970, 25 TTC 69; TT Code 1980, 25 TTC
69. Editor's note:
Subsections (1) and (2) in this edition previously appeared as a
single subsection. (1)
Whenever any carcass, part of a carcass, meat, or
meat food product of cattle, sheep, swine, or goats, or any product
exempted from the definition of a meat food product, or any dead, dying,
disabled cattle, sheep, swine, or goat, is found by any authorized
representative of the chief of agriculture upon any premises where it is
held for purposes of or during or after distribution in export commerce,
and there is reason to believe that any such article is adulterated or
misbranded and is capable of use as human food, or that it has not been
inspected, in violation of the provisions of this chapter, or that such
article or animal has been or is intended to be distributed in violation
of any such provisions, it may be detained by such representative for a
period not to exceed 20 days, pending action under section 530 of this
chapter, and shall not be moved by any person, firm, or corporation from
the place at which it is located when so detained, until released by such
representative. (2)
All official marks may be required by such
representative to be removed from such article or animal before it is
released unless it appears to the satisfaction of the chief of agriculture
that the article or animal is eligible to retain such
marks. Source: COM PL
3C-58 § 20; TT Code 1970, 25 TTC 70; TT Code 1980, 25 TTC
70. (1)
Any carcass, part of a carcass, meat, or meat food
product of cattle, sheep, swine, or goats or any dead, dying, disabled, or
diseased cattle, sheep, swine, or goat, that is being transported in
export commerce, and that: (a)
is being or has been prepared, sold, transported,
or otherwise distributed or offered or received for distribution in
violation of this chapter; or (b)
is capable of use as human food and is adulterated
or misbranded; or
(c)
in any other way is in violation of this chapter,
shall be liable to be proceeded against and seized and condemned, at any
time, on a libel of information in any proper court as provided in section
531 of this chapter within the jurisdiction of which the article or animal
is found. (2)
If the article or animal is condemned, it shall,
after entry of the decree, be disposed of by destruction or sale as the
court may direct and the proceeds, if sold, less the court costs and fees,
and storage and other proper expenses, shall be paid into the Treasury of
the Trust Territory. (3)
Such articles or animals shall not be sold
contrary to the provisions of this chapter. (4)
Upon the execution and delivery of a good and
sufficient bond, conditioned that the article or animal shall not be sold
or otherwise disposed of contrary to the provisions of this chapter, or
the laws of the Trust Territory, the court may direct that such article or
animal be delivered to the owner thereof subject to such supervision by
authorized representatives of the chief of agriculture as is necessary to
insure compliance with the applicable laws. (5)
When a decree of condemnation is entered against
the article or animal and it is released under bond, or destroyed, court
costs, fees, storage, and other proper expenses shall be awarded against
the person, if any, intervening as claimant of the article or
animal. (6)
The proceedings in such libel cases shall conform,
as nearly as may be, to the proceedings in admiralty, and all such
proceedings shall be at the suit of and in the name of the Trust
Territory. (7)
The provisions of this section shall in no way
derogate from authority for condemnation or seizure conferred by other
provisions of this chapter, or other laws of the Trust
Territory. Source: COM PL
3C-58 § 21; TT Code 1970, 25 TTC 71; TT Code 1980, 25 TTC
71. Editor's note:
Minor changes to this section were made in phraseology in the 1982
edition of this code. Subsections (1) through (6) appeared as a
single subsection previous to the 1982 edition of this
code. The Trial Division of
the High Court is vested with jurisdiction specifically to enforce, and to
prevent and restrain violations of this chapter, and shall have
jurisdiction in all other kinds of cases arising under this
chapter. Source: COM PL
3C-58 § 22; TT Code 1970, 25 TTC 72; TT Code 1980, 25 TTC
72. (1)
Any person who forcibly assaults, resists,
opposes, impedes, intimidates, or interferes with any person while engaged
in or on account of the performance of his official duties under this
chapter shall be fined not more than $5,000, or imprisoned for not more
than three years, or both. (2)
Any person who, in the commission of any acts
prohibited by subsection (1) of this section, uses a deadly or dangerous
weapon, shall be fined not more than $10,000, or imprisoned not more than
10 years, or both. (3)
Any person who kills any person while engaged in
or on account of the performance of his official duties under this chapter
shall be punished as provided in former section 751 of title 11 of the
Trust Territory Code. Source: COM
PL 3C-58 § 23; TT Code 1970, 25 TTC 73; TT Code 1980, 25 TTC
73. Editor's note:
Former section 751 of title 11 of the Trust Territory Code provides
for life imprisonment for murder in the first degree. That section
was repealed in the Federated States of Micronesia by PL 1-134, codified
in title 11 of this code. (1)
Any person, firm, or corporation who violates any
provision of this chapter for which no other criminal penalty is provided
shall, upon conviction therefor, be subject to imprisonment for not more
than one year, or a fine of not more than $1,000, or both such
imprisonment and fine. (2)
If such violation involves an intent to defraud or
any distribution or attempted distribution of an article that is
adulterated (except as defined in paragraph (i) subsection (l) of section
502), such person, firm, or corporation shall be subject to imprisonment
for not more than three years, or a fine of not more than $10,000, or
both. (3)
No person, firm, or corporation shall be subject
to penalties under this section for receiving for transportation any
article or animal in violation of this chapter if such receipt was made in
good faith, unless such person, firm, or corporation refuses to furnish on
request of a representative of the chief of agriculture the name and
address of the person from whom he received such article or animal, and
copies of all documents, if there are any, pertaining to the delivery of
the article or animal to him. Source: COM
PL 3C-58 § 24(a); TT Code 1970, 25 TTC 74(1); TT Code 1980, 25 TTC
74(1).
Editor's note:
Minor changes were made in phraseology of this section in the
1982 edition of this code. Nothing in this chapter
shall be construed as requiring the chief of agriculture to report for
prosecution or for the institution of libel or injunction proceedings
minor violations of this chapter whenever the believes that the public
interest will be adequately served by a suitable written notice of
warning. Source: COM
PL 3C-58 § 25(a)(1), (2); TT Code 1970, 25 TTC 75(1),(2); TT Code 1980, 25
TTC 75(1)(a),(b). The chief of agriculture shall have the power:
(1)
to gather and compile information concerning, and
to investigate from time to time, the organization, business, conduct,
practices, and management of any person, firm, or corporation engaged in
export commerce, and the relation thereof to other persons, firms, and
corporations; (2)
to require, by general or special orders, persons,
firms, and corporations engaged in export commerce, or any class of them,
or any of them, to file with the Registrar of Corporations, in such form
as the Registrar of Corporations may prescribe, annual or special,
or both annual and special, reports or answers in writing to specific
questions, furnishing to the Registrar of Corporations such information as
he may require as to the organization, business, conduct, practices,
management, and relation to other persons, firms, and corporations, of the
person, firm, or corporation filing such reports or answers in
writing. (3)
such reports and answers shall be made under oath,
or otherwise, as the Registrar of Corporations may prescribe, and shall be
filed with the Registrar of Corporations within such reasonable period as
he may prescribe, unless additional time be granted in any case by such
Registrar. Source: COM
PL 3C-58 § 25(a)(1), (2); TT Code 1970, 25 TTC 75(1),(2); TT Code 1980, 25
TTC 75(1)(a),(b). (1)
For the purposes of this chapter, the Attorney
General or his designated representatives shall at all reasonable times
have access to, for the purpose of examination, and the right to copy, any
documentary evidence of any person, firm, or corporation being
investigated or proceeded against, and may require by subpoena the
attendance and testimony of witnesses and the production of all
documentary evidence of any person, firm, or corporation relating to any
matter under investigation.
(2)
The Attorney General may sign subpoenas and may
administer oaths and affirmations, examine witnesses, and receive
evidence. Source: COM
PL 3C-58 § 25(b); TT Code 1970, 25 TTC 75(2)(a); TT Code 1980, 25 TTC
75(1)(b)(i). (1)
Such attendance of witnesses, and the production
of such documentary evidence, may be required at any designated place of
hearing. In case of disbedience to a subpoena the Attorney General
may invoke the aid of any court designated in section 531 of this
chapter requiring the attendance and testimony of witnesses and the
production of documentary evidence. (2)
Any of the courts designated in section 531 of
this chapter within the jurisdiction of which such inquiry is carried on
may, in case of contumacy or refusal to obey a subpoena issued to any
person, firm, or corporation, issue an order requiring such person, firm,
or corporation to appear before the Attorney General, or to produce
documentary evidence if so ordered, or to give evidence touching the
matter in question; and any failure to obey such order of the court may be
punished by such court as a contempt thereof. (3)
Upon the application of the Attorney General of
the Trust Territory, the Trial Division of the High Court shall have
jurisdiction to issue writs of mandamus commanding any person, firm, or
corporation to comply with the provisions of this chapter or any order of
the Attorney General made in pursuance thereof. Source: COM PL
3C-58 § 25(b)(1)-(3); TT Code 1970, 25 TTC 75(2)(a)(i)-(iii); TT Code
1980, 25 TTC 75(1)(b)(i)(a)-(c). (1)
The Attorney General may order testimony to be
taken by deposition in any proceeding or investigation pending under this
chapter at any stage of such proceeding or investigation. Such
depositions may be taken before any person designated by the Attorney
General and having power to administer oaths. Such testimony shall be
reduced to writing by the person taking the deposition, or under his
direction, and shall then be subscribed by the deponent. (2)
Any person may be compelled to appear and depose
and to produce documentary evidence in the same manner as witnesses may be
compelled to appear and testify and produce documentary evidence before
the Attorney General as provided in this section. Source: COM
PL 3C-58 § 25(b)(4); TT Code 1970, 25 TTC 75(2)(a)(iv); TT Code 1980, 25
TTC 75(1)(b)(i)(d).
§ 539. Investigation by
Attorney General - Witness fees.
Witnesses summoned
before the Attorney General shall be paid the same fees and mileage that
are paid witnesses in the courts of the Trust Territory, and witnesses
whose depositions are taken and the persons taking the same shall
severally be entitled to the same fees as are paid for like services in
such courts. Source: COM
PL 3C-58 § 25(b)(5); TT Code 1970, 25 TTC 75(2)(a)(v); TT Code 1980, 25
TTC 75(1)(b)(i)(e). No
person, firm, or corporation shall be excused from attending and
testifying or from producing books, papers, schedules of charges,
contracts, agreements, or other documentary evidence before the Attorney
General or in obedience to the subpoena of the Attorney General whether
such subpoena be signed or issued by him or his delegate, or in any cause
or proceeding, criminal or otherwise, based upon or growing out of any
alleged violation of this chapter, or of any amendments thereto, on the
ground or for the reason that the testimony or evidence, documentary or
otherwise, required of him or it may tend to incriminate him or it or
subject him or it to a penalty of forfeiture; but no person shall be
prosecuted or subjected to any penalty or forfeiture for or on account of
any transaction, matter, or thing concerning which he is compelled, after
having claimed his privilege against self-incrimination, to testify
or produce evidence, documentary or otherwise, except that any person so
testifying shall not be exempt from prosecution and punishment for perjury
committed in so testifying. Source: COM
PL 3C-58 § 25(b)(6); TT Code 1970, 25 TTC 75(2)(a)(vi); TT Code 1980, 25
TTC 75(1)(b)(i)(f). Any person, firm, or
corporation that shall neglect or refuse to attend and testify or to
answer any lawful inquiry, or to produce documentary evidence, if it is in
his or its power to do so in obedience to the subpoena or lawful
requirement of the Attorney General, shall be guilty of an offense and
upon conviction thereof by a court of competent jurisdiction shall be
punished by a fine of not less than $1,000, nor more than $5,000, or by
imprisonment for not more than one year, or by both such fine and
imprisonment. Source: COM
PL 3C-58 § 25(c); TT Code 1970, 25 TTC 75(2)(a)(viii); TT Code 1980, 25
TTC 75(1)(b)(i)(g). Any person, firm, or
corporation that shall willfully make, or cause to be made, any false
entry or statement of fact in any report required to be made under this
chapter, or that shall willfully make, or cause to be made, any false
entry in any account, record, or memorandum kept by a person, firm, or
corporation subject to this chapter, or that shall willfully neglect or
fail to make or cause to be made, full, true, and correct entries in such
accounts, records, or memoranda, of all facts and transactions
appertaining to the business of such person, firm, or corporation, or that
shall willfully remove out of the jurisdiction of the Trust Territory, or
willfully mutilate, alter, or by any other means falsify, any documentary
evidence of any such person, firm, or corporation, or that shall willfully
refuse to submit to the Attorney General or to any of his authorized
agents, for the purpose of inspection and taking copies, any documentary
evidence of any such person, firm, or corporation in his possession or
within his control, shall be deemed guilty of an offense and shall be
subject, upon conviction in any court of competent jurisdiction, to a fine
of not less than $1,000, nor more than $5,000, or to imprisonment for a
term of not more than three years, or to both such fine and
imprisonment. Source: COM
PL 3C-58 § 25(c)(1); TT Code 1970, 25 TTC 75(2)(b); TT Code 1980, 25 TTC
75(1)(b)(ii). If
any person, firm, or corporation required by this chapter to file any
annual or special report shall fail to do so within the time fixed by the
Registrar of Corporations for filing the same, and such failure shall
continue for 30 days after notice of such default, such person, firm, or
corporation shall forfeit to the Trust Territory the sum of $100 for each
and every day of the continuance of such failure, which forfeiture shall
be payable into the treasury of the Trust Territory and shall be
recoverable in a civil suit in the name of the Trust Territory brought in
the Trial Division of the High Court. It shall be the duty of the
various district attorneys, under the direction of the Attorney General of
the Trust Territory, to prosecute for the recovery of such
forfeitures. Source: COM
PL 3C-58 § 25(c)(2); TT Code 1970, 25 TTC 75(2)(c); TT Code 1980, 25 TTC
75(1)(b)(i)(iii). Any officer or employee
of the Trust Territory who shall make public any information obtained by
the Registrar of Corporations without his authority, unless directed by a
court, shall be deemed guilty of a misdemeanor, and, upon conviction
thereof, shall be punished by a fine not exceeding $5,000, or by
imprisonment not exceeding one year, or by both such fine and
imprisonment, in the discretion of the court. Source: COM
PL 3C-58 § 25(c)(3); TT Code 1970, 25 TTC 75(3); TT Code 1980, 25 TTC
75(2). If
any provision of this chapter or the application thereof to any person,
firm, or corporation or circumstances is held invalid, the validity of the
remainder of the chapter and of the application of such provision to other
persons, firms, and corporations and circumstances shall not be affected
thereby. Source: COM PL
3C-58 § 26; TT Code 1970, 25 TTC 76; TT Code 1980, 25 TTC
76. The rules and
regulations authorized by this chapter to be promulgated by the chief of
agriculture shall be temporary until their ratification by the Congress of
Micronesia; provided, that should the Congress of Micronesia fail to
reject or ratify such rules and regulations within 18 months after they
are published, they shall have the effect of law as if they had been
formally ratified. Source: COM
PL 3C-58 § 27; TT Code 1970, 25 TTC 77; TT Code 1980, 25 TTC
77.
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