Page:United States Statutes at Large Volume 100 Part 5.djvu/94

 100 STAT. 3568

Law enforcement and crime. Courts, U.S. Health and medical care. Safety. 21 USC 601.

21 USC 601.

Records.

PUBLIC LAW 99-641—NOV. 10, 1986

such condemned product shall be destroyed for human food purposes. The Secretary may suspend inspection at, and remove inspectors from, any establishinent that fails to so condemn adulterated meat food products or fails to so destroy condemned meat food products. "(c) For purposes of any examination and inspection, such inspectors shall have access to every part of an establishment at all times, by day or night, and without regard to whether such establishment is operated. "(d) Notwithstanding the preceding provisions of this section,". (b) ENFORCEMENT METHODS.—Effective only during the 6-year period beginning on the date of enactment of this Act, section 401 of the Federal Meat Inspection Act (21 U.S.C. 671) is amended— (1) by inserting "(a)" after the section designation; (2) in the first sentence— (A) by striking out "applicant, for" and inserting in lieu thereof "applicant for"; (B) by striking out "any felony, or (2)"; and (C) by inserting before the period at the end thereof "or (2) any felony"; (3) in the second sentence— (A) by indenting the first word so as to create a new paragraph; and (B) by inserting "(f)" before the first word; (4) by inserting "(g)" before the first word of the third sentence; •,!'-,, (5) in the fourth sentence— (A) by striking out "The" and inserting in lieu thereof "(h) Except as provided in subsection (e)(2), the"; and (B) by striking out "this section" and inserting in lieu thereof "subsection (e)"; and (6) by inserting after subsection (a), as so designated by paragraph (1) of this subsection, the following new subsections: "(b)(1) On the request of the Secretary at the time of the sentencing of an individual who is a person responsibly connected with any business requiring inspection under title I and who is convicted of a felony involving— "(A) the intentional adulteration of food (except as defined in section l(m)(8)); "(B) the adulteration of food, as defined in section l(m)(8), with intent to defraud; "(C) bribery; or "(D) extortion; the sentencing court shall issue a temporary order forbidding such individual to exercise operational control of, or to be physically present at, any establishment requiring inspection under title I if the court finds that the exercise of operational control by, or the presence of, such individual at any such establishment either poses a direct and substantial threat to the public health or safety or, if such individual is convicted of a felony described in subparagraph (B), poses a clear likelihood of significant economic harm to consumers. "(2) Such order shall terminate— "(A) whenever the Secretary determines by order, after a hearing on the record, whether such individual should exercise operational control of, or be physically present at, any establish-

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