Export Meat Inspection Act
TITLE 8 – AGRICULTURE AND ANIMALS1
CHAPTER 2 - EXPORT MEAT INSPECTION
sRepublic of the Marshall Islands
Jepilpilin Ke Ejukaan
EXPORT MEAT INSPECTION ACT
Arrangement of Sections
Section Page
§201. Short title. .............................................................................................................................. 3
§202. Interpretation. ....................................................................................................................... 3
§203. Examination and inspection of animals prior to slaughtering. ..................................... 9
§204. Methods of slaughtering allowed. ..................................................................................... 9
§205. Postmortem examination. ................................................................................................. 10
§206. Application of provisions. ................................................................................................. 10
§207. Examination and inspection of meat products prepared for export. .......................... 11
§208. Labeling of packaged meat products. ............................................................................. 11
§209. Sanitation inspections; authorized; action on discovery of unsanitary
conditions. ........................................................................................................................... 13
§210. Same; when made............................................................................................................... 13
§211. Compliance with provisions of Act required. ................................................................ 13
§212. Marking to be authorized; practices prohibited. ........................................................... 14
§213. Appointment of inspectors; promulgation or rules and regulations governing
inspections. .......................................................................................................................... 15
§214. Bribing officials; accepting bribe. ..................................................................................... 15
§215. Control of handling and storage. ..................................................................................... 16
§216. Animal products not intended for human consumption. ............................................ 16
§217. Maintenance and inspection of records. ......................................................................... 17
§218. Registration of business. .................................................................................................... 18
§219. Animals dying otherwise than by slaughter. ................................................................. 18
§220. Withdrawal of inspection services. .................................................................................. 18
§221. Detention of adulterated products; removal of official markings. .............................. 19
§222. Seizure and condemnation. ............................................................................................... 20
§223. Jurisdiction of High Court. ............................................................................................... 21
§224. Obstructing enforcement of Chapter . ............................................................................. 21
§225. Miscellaneous violations; prosecution for minor violations discretionary. .............. 21
§226. Additional powers of Chief of Agriculture and other officials. .................................. 22
§227. Ratification of rules and regulations. .............................................................................. 25
ENDNOTES 26

TITLE 8 – AGRICULTURE AND ANIMALS
CHAPTER 2 - EXPORT MEAT INSPECTION
sRepublic of the Marshall Islands
Jepilpilin Ke Ejukaan
EXPORT MEAT INSPECTION ACT
AN ACT to provide for the regulation of export of meat and meat products in the
Republic and for matters connected therewith.2
Commencement: Non Specified
Source: 25 TTC 1970
Amended By: 25 TTC 1980
§201. Short title.
This Chapter may be cited as the “Export Meat Inspection Act.” [25 TTC 1970, §78;25 TTC 1980, §78, modified.]
§202. Interpretation.
As used in this Chapter, except as otherwise specified, the following terms
shall have the meanings stated below:
(a) “adulterated” shall apply to any carcass, part thereof, meat or
meat food product under one or more of the following
circumstances:
(i) 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;
(ii) 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;
(iii) 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;
(iv) if it bears or contains any food additive which is unsafe
as defined by the Chief of Agriculture;
(v) 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 Clause (B), (C)
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;
(vi) 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;
(vii) 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;
(viii) if it is, in whole or in part, the product of an animal
which has died otherwise than by slaughter;
(ix) if its container is composed, in whole or in part, of any
poisonous or deleterious substance which may render
the contents injurious to health;
(x) 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;
(xi) 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
(xii) 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:
(b) “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;
(c) “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;
(d) “Chief of Agriculture” means the Chief of Agriculture or his
designated representative;
(e) “export” means commerce from the Republic to any foreign
country or the United States, its territories and possessions;
(f) “firm” means any partnership, association, or other
unincorporated business organization;
(g) “label” means a display of written, printed, or graphic matter
upon the immediate container (not including package liners)
of any article;
(h) “labeling” means all labels and other written, printed, or
graphic matter:
(i) upon any article or any of its containers or wrappers, or
(ii) accompanying such article;
(i) “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;
(j) “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;
(k) “misbranded” shall apply to any carcass, part thereof, meat or
meat food product under one or more of the following
circumstances:
(i) if its labeling is false or misleading in any particular;
(ii) if it is offered for sale under the name of another food;
(iii) 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;
(iv) if its container is so made, formed, or filled as to be
misleading;
(v) if in a package or other container unless it bears a label
showing (A) the name and place of business of the
manufacturer, packer, or distributor; and (B) an
accurate statement of the quantity of the contents in
terms of weight, measure, or numerical count;
provided, that under Clause (B) of this Subparagraph
(v), reasonable variations may be permitted, and
exemptions as to small packages may be established, by
regulations prescribed by the Chief of Agriculture
(vi) 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:
(vii) 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 Section 408 of this Chapter unless (A)
it conforms to such definition and standard, and (B) 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;
(viii) 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 Subparagraph (vii) of this Paragraph (k), 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;
(ix) if it is not subject to the provisions of Subparagraph
(vii) of this Paragraph (k), unless its label bears (A) the
common or usual name of the food, if any there be, and
(B) in case it is fabricated from two (2) 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 (B) of this
Subparagraph (ix) is impracticable, or results in
deception or unfair competition, exemptions shall be
established by regulations promulgated by the Chief of
Agriculture;
(x) 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
Secretary 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;
(xi) 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 Subparagraph (xi) is impracticable,
exemptions shall be established by regulations
promulgated by the Chief of Agriculture; or
(xii) 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;
(1) “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;
(m) “official device” means any device prescribed or authorized by the
Chief of Agriculture for use in applying any official mark;
(n) “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;
(o) “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;
(p) “pesticide chemical” “food additive”, “color additive”, “antibiotic”
or other medication, and “raw agricultural commodity” shall be
defined by the Chief of Agriculture;
(q) “prepared” means slaughtered, canned, salted, rendered, boned, cut
up, or otherwise manufactured or processed;
(r) “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 . [25 TTC 1970, §51; 25 TTC 1980, §51, modified.]
§203. Examination and inspection of animals prior to slaughtering.
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 Republic in which
slaughtering and preparation of meat and meat food products of such
animals are conducted solely for export commerce, and 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 and goats, and when so slaughtered, the carcasses of said cattle,
sheep, swine and 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. The Chief of Agriculture may, with the approval of
the Cabinet, 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. [25 TTC1970, §52; 25 TTC 1980, §52, modified.]
§204. Methods of slaughtering allowed.
No method of slaughtering or handling in connection with slaughtering
shall be deemed to comply with the public policy of the Republic 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. [25 TTC 1970, §53; 25TTC 1980, §53, modified.]
§205. Postmortem examination.
For the purposes set forth in Sections 202 to 204 of this Chapter :
(a) The Chief of Agriculture shall appoint inspectors and cause
the same to make postmortem 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 Republic in which such articles are
prepared solely for export commerce. 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.
(b) After the first inspection authorized under Paragraph (a) 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. The
Chief of Agriculture may remove inspectors from any
establishment which fails to so destroy any such condemned
carcass or part thereof. [25 TTC 1970, §54; 25 TTC 1980, §54.[
§206. Application of provisions.
Sections 203 to 205 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 said 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. 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. 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 ensure that allowing the entry of such articles into such
inspected establishments will be consistent with the purpose of this Chapter.[25 TTC 1970, §55; 25 TTC 1980, §55, modified.]
§207. Examination and inspection of meat products prepared for export.
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. 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
said establishment. The inspectors shall mark, stamp, or tag as “Republic of
the Marshall Islands” Inspected and Passed” all such products found to be
unadulterated. The inspectors shall label, mark, stamp, or tag as “Republic
of the Marshall Islands” Inspected and Condemned” all such products
found adulterated, and all such condemned meat food products shall be
destroyed for food purposes as provided in Section 205(a) of this Chapter.
The Chief of Agriculture may remove inspectors from any establishment
which fails to so destroy such condemned meat food products. [25 TTC 1970, §56;25 TTC 1980, §56, modified.]
§208. Labeling of packaged meat products.
(1) When any meat or meat food product prepared for export commerce
which has been inspected as provided in Section 207 of this Chapter
and marked “Republic of the Marshall Islands” 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.
(2) 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 Section 202(k) of this Chapter.
(3) 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.
(4) 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.
(5) 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. 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. Any such
determination by the Chief of Agriculture shall be conclusive unless,
within thirty (30) days after receipt of notice of such final
determination, the person, firm, or corporation adversely affected
thereby appears before the High Court. [25 TTC 1970, §57; 25 TTC 1980, §57,modified]
§209. Sanitation inspections; authorized; action on discovery of
unsanitary conditions.
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. 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 products to
be labeled, marked, stamped or tagged as “Republic of the Marshall Islands
Inspected and Passed”. [25 TTC 1970, §58; 25 TTC 1980, §58.]
§210. Same; 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. [25 TTC 1970, §59; 25 TTC 1980, §59, modified.]
§211. Compliance with provisions of Act required.
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:
(a) 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;
(b) sell, transport, offer for sale or transportation, or receive for
transportation, in export commerce:
(i) 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
(ii) any articles required to be inspected under this Chapter
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
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. [25 TTC 1970, §60; 25 TTC1980, §60, modified.]
§212. Marking to be authorized; practices prohibited.
(1) 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.
(2) No person, firm, or corporation shall:
(a) forge any official device, mark, or certificate;
(b) 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;
(c) 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;
(d) 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;
(e) knowingly makes any false statement in any shipper’s
certificate or other unofficial or official certificate provided for
in the regulations prescribed by the Chief of Agriculture; or
(f) 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. [25 TTC 1970, §61; 25TTC 1980, §61, modified.]
§213. Appointment of inspectors; promulgation or rules and regulations
governing inspections.
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. 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 .
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 . [25 TTC 1970, §62; 25 TTC 1980, §62, modified.]
§214. Bribing officials; accepting bribe.
(1) 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 Republic 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 Republic in the
discharge of any duty specified in this Chapter, shall be guilty of a
felony and shall upon conviction be liable to a fine of not less than
$1,000 nor more than $5,000 and to a term of imprisonment of not less
than one year and not exceeding three (3) years.
(2) Any inspector, deputy inspector, chief inspector, or other officer or
employee of the Republic 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
guilty of a felony and shall upon conviction be liable to a fine of not
less than $1,000 nor more than $5,000 and to a term of imprisonment
of not less than one year and not exceeding three (3) years. [25 TTC1970, §63; 25 TTC 1980, §63, modified.]
§215. Control of handling and storage.
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. The violation of any such
regulations promulgated by the Chief of Agriculture under the authority of
this Section is prohibited. [25 TTC 1970, §64; 25 TTC 1980, §64.]
§216. Animal products not intended for human consumption.
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 of 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. 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. [25 TTC 1970, §65; 25 TTC 1980, §65, modified.]
§217. Maintenance and inspection of records.
(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. [25 TTC 1970, §66; 25 TTC 1980, §66, modified.]
§218. Registration of business.
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 business
as 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. [25 TTC 1970, §67; 25 TTC 1980, §67.]
§219. Animals dying otherwise than by slaughter.
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. [25 TTC 1970, §68; 25 TTC 1980, §68.]
§220. Withdrawal of inspection services.
(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 Republic for 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. 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.
(2) 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 ten percent (10%) 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 thirty (30) days after the
effective date of such order in the appropriate court as provided in
Section 223 of this Chapter . Judicial review of any such order shall be
upon the record upon which the determination and order were
based. [25 TTC 1970, §69; 25 TTC 1980, §69, modifiled.]
§221. Detention of adulterated products; removal of official markings.
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 twenty (20) days, pending action under Section 222 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. 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. [25 TTC 1970, §70; 25 TTC 1980, §70.]
§222. Seizure and condemnation.
(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 the High Court as provided
in Section 223 of this Chapter . 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 appropriate
public fund of the Republic; provided, that such articles or
animals shall not be sold contrary to the provisions of this
Chapter; and provided further, that 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
Republic, 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 ensure compliance with the applicable laws.
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. 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 Republic.
(2) 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 Republic. [25 TTC 1970, §71; 25 TTC1980, §71, modified.]
§223. Jurisdiction of High Court.
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 . [25 TTC 1970, §72; 25 TTC 1980, §72. ]
§224. Obstructing enforcement of Chapter .
(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 upon conviction be liable to a fine not exceeding $5,000 or to a
term of imprisonment not exceeding three (3) 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 upon conviction be liable to a fine not exceeding $10,000 or to a
term of imprisonment not exceeding ten (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 Section 131 of the Criminal Code. [25 TTC1970, §73; 25 TTC 1980, §73, modified.]
§225. Miscellaneous violations; prosecution for minor violations
discretionary.
(1) Any person, firm, or corporation who violates any provision of this
Chapter for which no other criminal penalty is provided shall upon
conviction be liable to a fine not exceeding $1,000 or to a term of
imprisonment not exceeding one year, or both; provided, that if such
violation involves an intent to defraud or any distribution or
attempted distribution of an article that is adulterated (except as
defined in Section 202(a)(xii) of this Chapter), such person, firm, or
corporation shall upon conviction be liable to a fine not exceeding
$10,000 or to a term of imprisonment not exceeding three (3) years, or
both; provided further, that 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.
(2) 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 he
believes that the public interest will be adequately served by a
suitable written notice of warning. [25 TTC 1970, §74; 25 TTC 1980, §74, modified.]
§226. Additional powers of Chief of Agriculture and other officials.
(1) The Chief of Agriculture shall have the power:
(a) 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; and
(b) 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. 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.
(2) 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. The Attorney-General may sign
subpoenas and may administer oaths and affirmations, examine
witnesses, and receive evidence.
(3) Such attendance of witnesses, and the production of such
documentary evidence, may be required at any designated place of
hearing. In case of disobedience to a subpoena the Attorney-General
may invoke the aid of the High Court requiring the attendance and
testimony of witnesses and the production of documentary evidence.
The High Court 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.
(4) Upon the application of the Attorney-General of the Republic, 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.
(5) 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 designate 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. 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.
(6) Witnesses summoned before the Attorney-General shall be paid the
same fees and mileage that are paid witnesses in the courts of the
Republic, 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.
(7) 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.
(8) 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 shall upon conviction be
liable to a fine of not less than $1,000 nor more than $5,000 or to a
term of imprisonment not exceeding one year, or both.
(9) 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 Republic, 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 guilty of an offense and shall upon conviction be
liable to a fine of not less than $1,000 nor more than $5,000 or to a
term of imprisonment not exceeding three (3) years, or both.
(10) 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 thirty (30) days after notice of such default, such person,
firm, or corporation shall forfeit to the Republic the sum of $100 for
each and every day of the continuance of such failure, which
forfeiture shall be payable into the appropriate public fund of the
Republic and shall be recoverable in a civil suit in the name of the
Republic brought in the High Court. It shall be the duty of the
Attorney-General of the Republic to prosecute for the recovery of
such forfeitures.
(11) Any officer or employee of the Republic who shall make public any
information obtained by the Registrar of Corporations without his
authority, unless directed by a court, shall be guilty of a
misdemeanor and shall upon conviction be liable to a fine not
exceeding $5,000 or to a term of imprisonment not exceeding one
year, or both, in the discretion of the court. [25 TTC 1970, §75; 25 TTC 1980, §75,modified.][Section re-structured into 11 sub-sections][Rev2003]
§227. Ratification of rules and regulations.
The rules and regulations authorized by this Chapter to be promulgated by
the Chief of Agriculture shall be temporary until their ratification by the
Nitijela, provided, that should the Nitijela fail to reject or ratify such rules
and regulations within eighteen (18) months after they are published, they
shall have the effect of law as if they had been formally ratified. [25 TTC 1970, §77;25 TTC 1980, §77, modified.]
ENDNOTES
Endnote References
1 Heading modified to reflect the laws remaining under this Title [Tobolar Copra
Processing Authority, re-codified as 10 MIRC Ch.13; Agriculture Supplies Account, re-
codified as 11 MIRC Ch.14; Outer-Islands Boat Building Fund re-codified as 11 MIRC
Ch.15. Remaining chapters re-numbered[ Rev.2003]
2 [This Act was formerly 8 MIRC Ch. 4 [Section numbering style modified to conform to
new Code format (Rev.2003)]