-CITE-

21 USC CHAPTER 10 - POULTRY AND POULTRY PRODUCTS

INSPECTION 01/06/03

-EXPCITE-

TITLE 21 - FOOD AND DRUGS

CHAPTER 10 - POULTRY AND POULTRY PRODUCTS INSPECTION

.

-HEAD-

CHAPTER 10 - POULTRY AND POULTRY PRODUCTS INSPECTION

-MISC1-

Sec.

451. Congressional statement of findings.

452. Congressional declaration of policy.

453. Definitions.

454. Federal and State cooperation in development and

administration of State poultry product inspection programs.

(a) State laws; planning, technical and financial

assistance; advisory committees.

(b) Appropriate State agency; performance of

functions by subordinate governmental unit.

(c) Intrastate activities; designation of State for

regulation; publication of designation;

exempted operations; termination of

designation; review of operations in

nondesignated States; annual report.

(d) ''State'' defined.

455. Inspection in official establishments.

(a) Ante mortem inspection.

(b) Post mortem inspection; quarantine, segregation,

and reinspection.

(c) Condemnation; appeal; reprocessing.

456. Operation of premises, facilities and equipment.

(a) Sanitary practices.

(b) Refusal of inspection.

457. Labeling and container standards.

(a) Requirements for shipping containers and

immediate containers; nonconsumer packaged

carcasses.

(b) Labeling requirements; definitions and standards

of identity or composition or articles and

standards of fill of container; standards

consistent with Federal Food, Drug, and

Cosmetic Act; consistency between Federal and

State standards.

(c) Use of trade names; false or misleading marking

or labeling; misleading form or size of

container.

(d) Withholding use of false or misleading mark,

label, or container size or form; modification;

hearing; conclusiveness of determination;

appeal.

458. Prohibited acts.

459. Compliance by all establishments.

460. Miscellaneous activities subject to regulation.

(a) Prohibition of inspection of articles not

intended for use as human food; denaturation or

other identification prior to distribution in

commerce; inedible articles.

(b) Recordkeeping requirements; persons liable; scope

of disclosure; access to places of business;

examination of records, facilities, and

inventories; copies; samples.

(c) Registration of business, name of person, and

trade names.

(d) Regulation of transactions, transportation, or

importation of dead, dying, disabled or

diseased poultry or carcasses to prevent use as

human food.

(e) Federal provisions applicable to State or

Territorial business transactions of a local

nature and not subject to local authority.

461. Offenses and punishment.

(a) Violations; liability of agents, employees, and

employers.

(b) Liability of carrier.

(c) Assaulting, resisting, or impeding certain

persons; murder; punishments.

462. Reporting of violations; notice; opportunity to present views.

463. Rules and regulations.

(a) Storage and handling of poultry products;

violation of regulations.

(b) Other necessary rules and regulations.

(c) Oral presentation of views.

464. Exemptions.

(a) Persons exempted.

(b) Territorial exemption.

(c) Personal slaughtering; custom slaughtering; name

and address of the poultry producer or

processor in lieu of other labeling

requirements; small enterprises; slaughterers

or processors of specified number of turkeys;

poultry producers raising poultry on own farms.

(d) Pizzas containing poultry products.

(e) Applicability of adulteration and misbranding

provisions to articles exempted from

inspection.

(f) Suspension or termination of exemption.

465. Limitations upon entry of poultry products and other materials

into official establishments.

466. Imports.

(a) Compliance with standards and regulations; status

after importation.

(b) Rules and regulations; destruction and

exportation of refused imports.

(c) Storage, cartage and labor charges for imports

refused admission.

(d) Domestic standards and processing facilities

applicable; enforcement.

467. Inspection services.

(a) Refusal or withdrawal; hearing; business

unfitness based upon certain convictions;

persons responsibly connected with the

business.

(b) Hearing to determine validity of withdrawal or

refusal of inspection services; continuation of

withdrawal or refusal.

(c) Finality and conclusiveness of determination;

judicial review; record.

467a. Administrative detention; duration; pending judicial

proceedings; notification of government authorities; release;

removal of official marks.

467b. Seizure and condemnation.

(a) Proceedings in rem; libel of information;

jurisdiction; disposal by destruction or sale;

proceeds into the Treasury; sales restrictions;

bonds; court costs and fees, storage, and other

expenses against claimants; jury trial; United

States as plaintiff.

(b) Condemnation or seizure under other provisions

unaffected.

467c. Federal court jurisdiction of enforcement and injunction

proceedings and other kinds of cases; limitations; United States

as plaintiff; subpenas.

467d. Administration and enforcement; applicability of penalty

provisions; conduct of inquiries; power and jurisdiction of

courts.

467e. Non-Federal jurisdiction of federally regulated matters;

prohibition of additional or different requirements for

establishments with inspection services and as to marking,

labeling, packaging, and ingredients; recordkeeping and related

requirements; concurrent jurisdiction over distribution for human

food purposes of adulterated or misbranded and imported articles;

other matters.

467f. Federal Food, Drug, and Cosmetic Act applications.

(a) Exemptions; authorities under food, drug, and

cosmetic provisions unaffected.

(b) Enforcement proceedings; detainer authority of

representatives of Secretary of Health and

Human Services.

468. Cost of inspection; overtime.

469. Authorization of appropriations.

470. Omitted.

471. Safe Meat and Poultry Inspection Panel.

(a) Review and evaluation.

(b) Reports.

-SECREF-

CHAPTER REFERRED TO IN OTHER SECTIONS

This chapter is referred to in sections 321, 350c, 381, 679a of

this title; title 7 sections 138f, 2219a, 6519.

-CITE-

21 USC Sec. 451 01/06/03

-EXPCITE-

TITLE 21 - FOOD AND DRUGS

CHAPTER 10 - POULTRY AND POULTRY PRODUCTS INSPECTION

-HEAD-

Sec. 451. Congressional statement of findings

-STATUTE-

Poultry and poultry products are an important source of the

Nation's total supply of food. They are consumed throughout the

Nation and the major portion thereof moves in interstate or foreign

commerce. It is essential in the public interest that the health

and welfare of consumers be protected by assuring that poultry

products distributed to them are wholesome, not adulterated, and

properly marked, labeled, and packaged. Unwholesome, adulterated,

or misbranded poultry products impair the effective regulation of

poultry products in interstate or foreign commerce, are injurious

to the public welfare, destroy markets for wholesome, not

adulterated, and properly labeled and packaged poultry products,

and result in sundry losses to poultry producers and processors of

poultry and poultry products, as well as injury to consumers. It

is hereby found that all articles and poultry which are regulated

under this chapter are either in interstate or foreign commerce or

substantially affect such commerce, and that regulation by the

Secretary of Agriculture and cooperation by the States and other

jurisdictions as contemplated by this chapter are appropriate to

prevent and eliminate burdens upon such commerce, to effectively

regulate such commerce, and to protect the health and welfare of

consumers.

-SOURCE-

(Pub. L. 85-172, Sec. 2, Aug. 28, 1957, 71 Stat. 441; Pub. L.

90-492, Sec. 2, Aug. 18, 1968, 82 Stat. 791.)

-MISC1-

AMENDMENTS

1968 - Pub. L. 90-492 inserted provisions stating it to be

necessary that the health and welfare of consumers be protected by

assuring that poultry products distributed to them are wholesome,

not adulterated, and properly marked, labeled, and packaged,

provisions that misbranded poultry products impair the effective

regulation of poultry products and destroy markets for wholesome,

not adulterated, and properly labeled and packaged poultry

products, and result in sundry losses to poultry producers and

processors of poultry and poultry products, as well as injury to

consumers, and provisions that all articles and poultry which are

regulated by this chapter are either in interstate or foreign

commerce or substantially affect such commerce and that regulation

by the Secretary of Agriculture and cooperation by the states and

other jurisdictions as contemplated by this chapter are appropriate

to serve the specified aims, and struck out provisions that all

poultry and poultry products which have or are required to have

inspection under this chapter are either in the current of

interstate or foreign commerce or directly affect such commerce,

provisions that that part entering directly into the current of

interstate or foreign commerce cannot be effectively inspected and

regulated without also inspecting and regulating all poultry and

poultry products in the same establishment, and provisions

authorizing the Secretary to designate major consuming areas.

EFFECTIVE DATE OF 1968 AMENDMENT

Section 20 of Pub. L. 90-492 provided that: ''This Act (see Short

Title of 1968 Amendment note below) shall become effective upon

enactment (Aug. 18, 1968) except as provided in paragraphs (a)

through (c):

''(a) The provisions of subparagraphs (a)(2)(A) and (a)(3) of

section 9 of the Poultry Products Inspection Act, as amended by

section 9 of this Act (section 458(a)(2)(A) and (a)(3) of this

title), shall become effective upon the expiration of sixty days

after enactment hereof (Aug. 18, 1968).

''(b) Section 14 of this Act, amending section 15 of the Poultry

Products Inspection Act (section 464 of this title), shall become

effective upon the expiration of sixty days after enactment hereof

(Aug. 18, 1968).

''(c) Paragraph 11(d) of the Poultry Products Inspection Act, as

added by section 11 of this Act (section 460(d) of this title),

shall become effective upon the expiration of sixty days after

enactment hereof (Aug. 18, 1968).''

EFFECTIVE DATE

Section 29, formerly section 22, of Pub. L. 85-172, as renumbered

by Pub. L. 90-492, Sec. 17, Aug. 18, 1968, 82 Stat. 805, provided

that: ''This Act (this chapter) shall take effect upon enactment

(Aug. 28, 1957), except that no person shall be subject to the

provisions of this Act (this chapter) prior to January 1, 1959,

unless such person after January 1, 1958, applies for and receives

inspection for poultry or poultry products in accordance with the

provisions of this Act (this chapter) and pursuant to regulations

promulgated by the Secretary hereunder, in any establishment

processing poultry or poultry products in commerce or in a

designated major consuming area. Any person who voluntarily

applies for and receives such inspection after January 1, 1958,

shall be subject, on and after the date he commences to receive

such inspection, to all of the provisions and penalties provided

for in this Act (this chapter) with respect to all poultry or

poultry products handled in the establishment for which such said

application for inspection is made.''

SHORT TITLE OF 1968 AMENDMENT

Section 1 of Pub. L. 90-492 provided: ''That this Act (enacting

sections 467a to 467f and 470 of this title, amending this section

and sections 452 to 461, 463 to 465, and 467 of this title, and

enacting provisions set out as notes under this section) may be

cited as the 'Wholesome Poultry Products Act'.''

SHORT TITLE

Section 1 of Pub. L. 85-172 provided: ''That this Act (enacting

this chapter and provisions set out as notes under this section)

may be cited as the 'Poultry Products Inspection Act'.''

SEPARABILITY

Section 19 of Pub. L. 90-492 provided that: ''If any provisions

of this Act or of the amendments made hereby (see Short Title of

1968 Amendment note above) or the application thereof to any person

or circumstances is held invalid, the validity of the remainder of

the Act and the remaining amendments and of the application of such

provision to other persons and circumstances shall not be affected

thereby.''

Section 28, formerly section 21, of Pub. L. 85-172, as renumbered

by Pub. L. 90-492, Sec. 17, Aug. 18, 1968, 82 Stat. 805, provided

that: ''If any provision of this Act (this chapter) or the

application thereof to any person or circumstances is held invalid,

the validity of the remainder of the Act and of the application of

such provision to other persons and circumstances shall not be

affected thereby.''

FOOD ADDITIVES AMENDMENT OF 1958

Pub. L. 85-929, Sec. 7, Sept. 6, 1958, 72 Stat. 1789, provided

that: ''Nothing in this Act (amending sections 321, 331, 342, 346,

and 348 of this title and section 210 of Title 42, The Public

Health and Welfare, and enacting provisions set out as notes under

sections 321 and 342 of this title) shall be construed to exempt

any meat or meat food product or any person from any requirement

imposed by or pursuant to the Poultry Products Inspection Act (21

U.S.C. 451 and the following) (this chapter) or the Meat Inspection

Act of March 4, 1907, 34 Stat. 1260, as amended and extended (21

U.S.C. 71 and the following) (see section 601 et seq. of this

title).''

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 321, 454 of this title.

ACT REFERRED TO IN OTHER SECTIONS

The Wholesome Poultry Products Act is referred to in section 1053

of this title.

-CITE-

21 USC Sec. 452 01/06/03

-EXPCITE-

TITLE 21 - FOOD AND DRUGS

CHAPTER 10 - POULTRY AND POULTRY PRODUCTS INSPECTION

-HEAD-

Sec. 452. Congressional declaration of policy

-STATUTE-

It is hereby declared to be the policy of the Congress to provide

for the inspection of poultry and poultry products and otherwise

regulate the processing and distribution of such articles as

hereinafter prescribed to prevent the movement or sale in

interstate or foreign commerce of, or the burdening of such

commerce by, poultry products which are adulterated or misbranded.

It is the intent of Congress that when poultry and poultry products

are condemned because of disease, the reason for condemnation in

such instances shall be supported by scientific fact, information,

or criteria, and such condemnation under this chapter shall be

achieved through uniform inspection standards and uniform

applications thereof.

-SOURCE-

(Pub. L. 85-172, Sec. 3, Aug. 28, 1957, 71 Stat. 441; Pub. L.

90-492, Sec. 3, Aug. 18, 1968, 82 Stat. 792.)

-MISC1-

AMENDMENTS

1968 - Pub. L. 90-492 inserted provisions declaring the policy of

Congress to be to otherwise regulate the processing and

distribution of poultry and poultry products as hereinafter

prescribed so as to prevent the movement or sale in interstate

commerce of, or the burdening of such commerce by poultry products

which are adulterated or misbranded, and provisions that declared

the policy of Congress to be that condemnation of diseased poultry

and poultry products shall be achieved through uniform inspection

standards and supported by scientific fact or criteria, and struck

out provisions that declared the policy of Congress to be to

provide for inspection by the inspection service to prevent the

movement in interstate commerce or foreign commerce or in a

designated major consuming area of poultry products which are

unwholesome, adulterated, or otherwise unfit for human food.

EFFECTIVE DATE OF 1968 AMENDMENT

Amendment by Pub. L. 90-492 effective Aug. 18, 1968, see section

20 of Pub. L. 90-492, set out as a note under section 451 of this

title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 454 of this title.

-CITE-

21 USC Sec. 453 01/06/03

-EXPCITE-

TITLE 21 - FOOD AND DRUGS

CHAPTER 10 - POULTRY AND POULTRY PRODUCTS INSPECTION

-HEAD-

Sec. 453. Definitions

-STATUTE-

For purposes of this chapter -

(a) The term ''commerce'' means commerce between any State, any

territory, or the District of Columbia, and any place outside

thereof; or within any territory not organized with a legislative

body, or the District of Columbia.

(b) Except as otherwise provided in this chapter, the term

''State'' means any State of the United States and the Commonwealth

of Puerto Rico.

(c) The term ''territory'' means Guam, the Virgin Islands of the

United States, American Samoa, and any other territory or

possession of the United States, excluding the Canal Zone.

(d) The term ''United States'' means the States, the District of

Columbia, and the territories of the United States.

(e) The term ''poultry'' means any domesticated bird, whether

live or dead.

(f) The term ''poultry product'' means any poultry carcass, or

part thereof; or any product which is made wholly or in part from

any poultry carcass or part thereof, excepting products which

contain poultry ingredients only in a relatively small proportion

or historically have not been considered by consumers as products

of the poultry food industry, and which are exempted by the

Secretary from definition as a poultry product under such

conditions as the Secretary may prescribe to assure that the

poultry ingredients in such products are not adulterated and that

such products are not represented as poultry products.

(g) The term ''adulterated'' shall apply to any poultry product

under one or more of the following circumstances:

(1) 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;

(2)(A) if it bears or contains (by reason of administration of

any substance to the live poultry or otherwise) any added

poisonous or added deleterious substance (other than one which is

(i) a pesticide chemical in or on a raw agricultural commodity;

(ii) a food additive; or (iii) a color additive) which may, in

the judgment of the Secretary, make such article unfit for human

food;

(B) if it is, in whole or in part, a raw agricultural commodity

and such commodity bears or contains a pesticide chemical which

is unsafe within the meaning of section 346a of this title;

(C) if it bears or contains any food additive which is unsafe

within the meaning of section 348 of this title;

(D) if it bears or contains any color additive which is unsafe

within the meaning of section 379e of this title: Provided, That

an article which is not otherwise deemed adulterated under clause

(B), (C), or (D) shall nevertheless be deemed adulterated if use

of the pesticide chemical, food additive, or color additive in or

on such article is prohibited by regulations of the Secretary in

official establishments;

(3) 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;

(4) if it has been prepared, packed, or held under insanitary

conditions whereby it may have become contaminated with filth, or

whereby it may have been rendered injurious to health;

(5) if it is, in whole or in part, the product of any poultry

which has died otherwise than by slaughter;

(6) if its container is composed, in whole or in part, of any

poisonous or deleterious substance which may render the contents

injurious to health;

(7) 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 section 348 of this title;

(8) 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.

(h) The term ''misbranded'' shall apply to any poultry product

under one or more of the following circumstances:

(1) if its labeling is false or misleading in any particular;

(2) if it is offered for sale under the name of another food;

(3) 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;

(4) if its container is so made, formed, or filled as to be

misleading;

(5) unless it bears a label showing (A) the name and the place

of business of the manufacturer, packer, or distributor; and (B)

an accurate statement of the quantity of the product in terms of

weight, measure, or numerical count: Provided, That under clause

(B) of this subparagraph (5), reasonable variations may be

permitted, and exemptions as to small packages or articles not in

packages or other containers may be established by regulations

prescribed by the Secretary;

(6) 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 read and understood by the ordinary

individual under customary conditions of purchase and use;

(7) 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 Secretary under section 457 of

this title 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;

(8) 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 Secretary under section 457 of this title,

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;

(9) if it is not subject to the provisions of subparagraph (7),

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 or

more ingredients, the common or usual name of each such

ingredient; except that spices, flavorings, and colorings may,

when authorized by the Secretary, 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 (9) is impracticable or results in deception or

unfair competition, exemptions shall be established by

regulations promulgated by the Secretary;

(10) 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 Secretary,

after consultation with the Secretary of Health and Human

Services, determines to be, and by regulations prescribes as,

necessary in order fully to inform purchasers as to its value for

such uses;

(11) 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 (11) is

impracticable, exemptions shall be established by regulations

promulgated by the Secretary; or

(12) if it fails to bear on its containers, and in the case of

nonconsumer packaged carcasses (if the Secretary so requires)

directly thereon, as the Secretary may by regulations prescribe,

the official inspection legend and official establishment number

of the establishment where the article was processed, and,

unrestricted by any of the foregoing, such other information as

the Secretary 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.

(i) The term ''Secretary'' means the Secretary of Agriculture or

his delegate.

(j) The term ''person'' means any individual, partnership,

corporation, association, or other business unit.

(k) The term ''inspector'' means: (1) an employee or official of

the United States Government authorized by the Secretary to inspect

poultry and poultry products under the authority of this chapter,

or (2) any employee or official of the government of any State or

territory or the District of Columbia authorized by the Secretary

to inspect poultry and poultry products under authority of this

chapter, under an agreement entered into between the Secretary and

the appropriate State or other agency.

(l) The term ''official mark'' means the official inspection

legend or any other symbol prescribed by regulation of the

Secretary to identify the status of any article or poultry under

this chapter.

(m) The term ''official inspection legend'' means any symbol

prescribed by regulations of the Secretary showing that an article

was inspected for wholesomeness in accordance with this chapter.

(n) The term ''official certificate'' means any certificate

prescribed by regulations of the Secretary for issuance by an

inspector or other person performing official functions under this

chapter.

(o) The term ''official device'' means any device prescribed or

authorized by the Secretary for use in applying any official mark.

(p) The term ''official establishment'' means any establishment

as determined by the Secretary at which inspection of the slaughter

of poultry, or the processing of poultry products, is maintained

under the authority of this chapter.

(q) The term ''inspection service'' means the official Government

service within the Department of Agriculture designated by the

Secretary as having the responsibility for carrying out the

provisions of this chapter.

(r) The term ''container'' or ''package'' includes any box, can,

tin, cloth, plastic, or other receptacle, wrapper, or cover.

(s) The term ''label'' means a display of written, printed, or

graphic matter upon any article or the immediate container (not

including packaged liners) of any article; and the term

''labeling'' means all labels and other written, printed, or

graphic matter (1) upon any article or any of its containers or

wrappers, or (2) accompanying such article.

(t) The term ''shipping container'' means any container used or

intended for use in packaging the product packed in an immediate

container.

(u) The term ''immediate container'' includes any consumer

package; or any other container in which poultry products, not

consumer packaged, are packed.

(v) The term ''capable of use as human food'' shall apply to any

carcass, or part or product of a carcass, of any poultry, unless it

is denatured or otherwise identified as required by regulations

prescribed by the Secretary to deter its use as human food, or it

is naturally inedible by humans.

(w) The term ''processed'' means slaughtered, canned, salted,

stuffed, rendered, boned, cut up, or otherwise manufactured or

processed.

(x) The term ''Federal Food, Drug, and Cosmetic Act'' means the

Act so entitled, approved June 25, 1938 (52 Stat. 1040) (21 U.S.C.

301 et seq.), and Acts amendatory thereof or supplementary thereto.

(y) The terms ''pesticide chemical'', ''food additive'', ''color

additive'', and ''raw agricultural commodity'' shall have the same

meanings for purposes of this chapter as under the Federal Food,

Drug, and Cosmetic Act (21 U.S.C. 301 et seq.).

(z) The term ''poultry products broker'' means any person engaged

in the business of buying or selling poultry products on

commission, or otherwise negotiating purchases or sales of such

articles other than for his own account or as an employee of

another person.

(aa) The term ''renderer'' means any person engaged in the

business of rendering carcasses, or parts or products of the

carcasses, of poultry, except rendering conducted under inspection

or exemption under this chapter.

(bb) The term ''animal food manufacturer'' means any person

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 poultry.

-SOURCE-

(Pub. L. 85-172, Sec. 4, Aug. 28, 1957, 71 Stat. 441; Pub. L.

87-498, June 25, 1962, 76 Stat. 110; Pub. L. 90-492, Sec. 4, Aug.

18, 1968, 82 Stat. 792; Pub. L. 96-88, title V, Sec. 509(b), Oct.

17, 1979, 93 Stat. 695; Pub. L. 102-571, title I, Sec. 107(13),

Oct. 29, 1992, 106 Stat. 4499.)

-REFTEXT-

REFERENCES IN TEXT

The Federal Food, Drug, and Cosmetic Act, referred to in pars.

(x) and (y), is act June 25, 1938, ch. 675, 52 Stat. 1040, as

amended, which is classified generally to chapter 9 (Sec. 301 et

seq.) of this title. For complete classification of this Act to

the Code, see section 301 of this title and Tables.

-MISC2-

AMENDMENTS

1992 - Subsec. (g)(2)(D). Pub. L. 102-571 substituted ''379e''

for ''376''.

1968 - Pub. L. 90-492 inserted definitions of ''State'',

''territory'', ''United States'', ''misbranded'', ''official

mark'', ''official inspection legend'', ''official certificate'',

''official device'', ''capable of use as human food'',

''processed'', ''Federal Food, Drug, and Cosmetic Act'',

''pesticide chemical'', ''poultry products broker'', ''renderer'',

and ''animal food manufacturer'', revised definitions of

''commerce'', ''poultry'', ''poultry product'', ''adulterated'',

''Secretary'', ''inspector'', ''container'' or ''package'',

''label'', and ''immediate container'', reenacted without change

definitions of ''person'', ''official establishment'', ''inspection

service'', and ''shipping container'', and deleted definition of

''wholesome'', ''unwholesome'', and ''official inspection mark''.

1962 - Par. (a). Pub. L. 87-498 struck out references to

Territories or possessions, and inserted definition of ''State''.

-CHANGE-

CHANGE OF NAME

''Secretary of Health and Human Services'' substituted for

''Secretary of Health, Education, and Welfare'' in par. (h)(10)

pursuant to section 509(b) of Pub. L. 96-88, which is classified to

section 3508(b) of Title 20, Education.

-MISC4-

EFFECTIVE DATE OF 1968 AMENDMENT

Amendment by Pub. L. 90-492 effective Aug. 18, 1968, see section

20 of Pub. L. 90-492, set out as a note under section 451 of this

title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 454, 457, 461, 464, 467b

of this title; title 15 sections 2052, 2602.

-CITE-

21 USC Sec. 454 01/06/03

-EXPCITE-

TITLE 21 - FOOD AND DRUGS

CHAPTER 10 - POULTRY AND POULTRY PRODUCTS INSPECTION

-HEAD-

Sec. 454. Federal and State cooperation in development and

administration of State poultry product inspection programs

-STATUTE-

(a) State laws; planning, technical and financial assistance;

advisory committees

It is the policy of the Congress to protect the consuming public

from poultry products that are adulterated or misbranded and to

assist in efforts by State and other government agencies to

accomplish this objective. In furtherance of this policy -

(1) The Secretary is authorized, whenever he determines that it

would effectuate the purposes of this chapter, to cooperate with

the appropriate State agency in developing and administering a

State poultry product inspection program in any State which has

enacted a mandatory State poultry product inspection law that

imposes ante mortem and post mortem inspection, reinspection and

sanitation requirements that are at least equal to those under

this chapter, with respect to all or certain classes of persons

engaged in the State in slaughtering poultry or processing

poultry products for use as human food solely for distribution

within such State.

(2) The Secretary is further authorized, whenever he determines

that it would effectuate the purposes of this chapter, to

cooperate with appropriate State agencies in developing and

administering State programs under State laws containing

authorities at least equal to those provided in section 460 of

this title; and to cooperate with other agencies of the United

States in carrying out any provisions of this chapter. In

carrying out the provisions of this chapter, the Secretary may

conduct such examinations, investigations, and inspections as he

determines practicable through any officer or employee of any

State or Territory or the District of Columbia commissioned by

the Secretary for such purpose.

(3) Cooperation with State agencies under this section may

include furnishing to the appropriate State agency (i) advisory

assistance in planning and otherwise developing an adequate State

program under the State law; and (ii) technical and laboratory

assistance and training (including necessary curricular and

instructional materials and equipment), and financial and other

aid for administration of such a program. The amount to be

contributed to any State by the Secretary under this section from

Federal funds for any year shall not exceed 50 per centum of the

estimated total cost of the cooperative program; and the Federal

funds shall be allocated among the States desiring to cooperate

on an equitable basis. Such cooperation and payment shall be

contingent at all times upon the administration of the State

program in a manner which the Secretary, in consultation with the

appropriate advisory committee appointed under subparagraph (4),

deems adequate to effectuate the purposes of this section.

(4) The Secretary may appoint advisory committees consisting of

such representatives of appropriate State agencies as the

Secretary and the State agencies may designate to consult with

him concerning State and Federal programs with respect to poultry

product inspection and other matters within the scope of this

chapter, including evaluating State programs for purposes of this

chapter, and obtaining better coordination and more uniformity

among the State programs and between the Federal and State

programs and adequate protection of consumers.

(b) Appropriate State agency; performance of functions by

subordinate governmental unit

The appropriate State agency with which the Secretary may

cooperate under this chapter shall be a single agency in the State

which is primarily responsible for the coordination of the State

programs having objectives similar to those under this chapter.

When the State program includes performance of certain functions by

a municipality or other subordinate governmental unit, such unit

shall be deemed to be a part of the State agency for purposes of

this section.

(c) Intrastate activities; designation of State for regulation;

publication of designation; exempted operations; termination of

designation; review of operations in nondesignated States;

annual report

(1) If the Secretary has reason to believe, by thirty days prior

to the expiration of two years after August 18, 1968, that a State

has failed to develop or is not enforcing, with respect to all

establishments within its jurisdiction (except those that would be

exempted from Federal inspection under subparagraph (2) of this

paragraph (c)) at which poultry are slaughtered, or poultry

products are processed for use as human food, solely for

distribution within such State, and the products of such

establishments, requirements at least equal to those imposed under

sections 451 to 453, 455 to 459, 461 to 467d of this title, he

shall promptly notify the Governor of the State of this fact. If

the Secretary determines, after consultation with the Governor of

the State, or representative selected by him, that such

requirements have not been developed and activated, he shall

promptly after the expiration of such two-year period designate

such State as one in which the provisions of said sections of this

chapter shall apply to operations and transactions wholly within

such State: Provided, That if the Secretary has reason to believe

that the State will activate such requirements within one

additional year, he may delay such designation for said period, and

not designate the State, if he determines at the end of the year

that the State then has such requirements in effective operation.

The Secretary shall publish any such designation in the Federal

Register and, upon the expiration of thirty days after such

publication, the provisions of said sections of this chapter shall

apply to operations and transactions and to persons engaged therein

in the State to the same extent and in the same manner as if such

operations and transactions were conducted in or for commerce.

However, notwithstanding any other provision of this section, if

the Secretary determines that any establishment within a State is

producing adulterated poultry products for distribution within such

State which would clearly endanger the public health he shall

notify the Governor of the State and the appropriate advisory

committee provided for by subparagraph (a)(4) of this section of

such fact for effective action under State or local law. If the

State does not take action to prevent such endangering of the

public health within a reasonable time after such notice, as

determined by the Secretary, in light of the risk to public health,

the Secretary may forthwith designate any such establishment as

subject to the provisions of said sections of this chapter, and

thereupon the establishment and operator thereof shall be subject

to such provisions as though engaged in commerce until such time as

the Secretary determines that such State has developed and will

enforce requirements at least equal to those imposed under said

sections.

(2) The provisions of this chapter requiring inspection of the

slaughter of poultry and the processing of poultry products shall

not apply to operations of types traditionally and usually

conducted at retail stores and restaurants, when conducted at any

retail store or restaurant or similar retail-type establishment for

sale in normal retail quantities or service of such articles to

consumers at such establishments if such establishments are subject

to such inspection provisions only under this paragraph (c). For

the purposes of this subparagraph, operations conducted at a

restaurant central kitchen facility shall be considered as being

conducted at a restaurant if the restaurant central kitchen

prepares poultry products that are ready to eat when they leave

such facility and are served in meals or as entrees only to

customers at restaurants owned or operated by the same person

owning or operating such facility: Provided, That such facility

shall be subject to the provisions of section 460(b) of this title:

Provided further, That the facility may be subject to the

inspection requirements of this chapter for as long as the

Secretary deems necessary, if the Secretary determines that the

sanitary conditions or practices of the facility or the processing

procedures or methods at the facility are such that any of its

poultry products are rendered adulterated.

(3) Whenever the Secretary determines that any State designated

under this paragraph (c) has developed and will enforce State

poultry products inspection requirements at least equal to those

imposed under the aforesaid sections of this chapter, with respect

to the operations and transactions within such State which are

regulated under subparagraph (1) of this paragraph (c), he shall

terminate the designation of such State under this paragraph (c),

but this shall not preclude the subsequent redesignation of the

State at any time upon thirty days' notice to the Governor and

publication in the Federal Register in accordance with this

paragraph, and any State may be designated upon such notice and

publication, at any time after the period specified in this

paragraph whether or not the State has theretofore been designated,

upon the Secretary determining that it is not effectively enforcing

requirements at least equal to those imposed under said sections.

(4) The Secretary shall promptly upon August 18, 1968, and

periodically thereafter, but at least annually, review the

requirements, including the enforcement thereof, of the several

States not designated under this paragraph (c), with respect to the

slaughter, and the processing, storage, handling, and distribution

of poultry products, and inspection of such operations, and

annually report thereon to the Committee on Agriculture of the

House of Representatives and the Committee on Agriculture,

Nutrition, and Forestry of the Senate in the report required in

section 470 (FOOTNOTE 1) of this title.

(FOOTNOTE 1) See References in Text note below.

(d) ''State'' defined

As used in this section, the term ''State'' means any State

(including the Commonwealth of Puerto Rico) or organized territory.

-SOURCE-

(Pub. L. 85-172, Sec. 5, Aug. 28, 1957, 71 Stat. 443; Pub. L.

90-492, Sec. 5, Aug. 18, 1968, 82 Stat. 796; Pub. L. 98-487, Sec.

2, Oct. 17, 1984, 98 Stat. 2264; Pub. L. 103-437, Sec. 8(1), Nov.

2, 1994, 108 Stat. 4588.)

-REFTEXT-

REFERENCES IN TEXT

Section 470 of this title, referred to in subsec. (c)(4), was

omitted from the Code.

-COD-

CODIFICATION

In par. (c)(1), (4), ''August 18, 1968'' substituted for

''enactment of the Wholesome Poultry Products Act''.

-MISC3-

AMENDMENTS

1994 - Subsec. (c)(4). Pub. L. 103-437 substituted ''Agriculture,

Nutrition, and Forestry'' for ''Agriculture and Forestry''.

1984 - Par. (c)(2). Pub. L. 98-487 inserted provisions relating

to operations conducted at a restaurant central kitchen facility.

1968 - Pub. L. 90-492 substituted provisions authorizing the

Secretary to cooperate with the appropriate state agency in the

development and administration of state poultry product inspection

programs in those states having mandatory poultry product

inspection laws and those states having laws at least equal to the

provisions of section 460 of this title, provisions authorizing

planning, technical and financial assistance and the appointment of

advisory committees, provisions designating the appropriate state

agency with which the Secretary may cooperate, provisions

authorizing the Secretary to designate states as subject to the

regulatory provisions of this chapter when the requirements of the

specified section have not been complied with or when the specified

intrastate activities are present, provisions exempting from the

requirements of this chapter operations of the types traditionally

and usually conducted at retail stores and restaurants, provisions

authorizing the Secretary to terminate the aforementioned

designation of states as subject to the regulatory provisions of

this chapter, and provisions authorizing the Secretary to review

the operations in nondesignated states and make an annual report

thereon, for provisions authorizing the Secretary, upon application

by any appropriate state or local official or agency or by any

appropriate local poultry industry group and after public hearing,

to designate major consuming areas as subject to the regulatory

provisions of this chapter where the Secretary finds that poultry

or poultry products are handled or consumed in such volume as to

affect, burden or obstruct the movement of inspected poultry

products in interstate commerce.

EFFECTIVE DATE OF 1968 AMENDMENT

Amendment by Pub. L. 90-492 effective Aug. 18, 1968, see section

20 of Pub. L. 90-492, set out as a note under section 451 of this

title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 457, 460 of this title.

-CITE-

21 USC Sec. 455 01/06/03

-EXPCITE-

TITLE 21 - FOOD AND DRUGS

CHAPTER 10 - POULTRY AND POULTRY PRODUCTS INSPECTION

-HEAD-

Sec. 455. Inspection in official establishments

-STATUTE-

(a) Ante mortem inspection

For the purpose of preventing the entry into or flow or movement

in commerce of, or the burdening of commerce by, any poultry

product which is capable of use as human food and is adulterated,

the Secretary shall, where and to the extent considered by him

necessary, cause to be made by inspectors ante mortem inspection of

poultry in each official establishment processing poultry or

poultry products for commerce or otherwise subject to inspection

under this chapter.

(b) Post mortem inspection; quarantine, segregation, and

reinspection

The Secretary, whenever processing operations are being

conducted, shall cause to be made by inspectors post mortem

inspection of the carcass of each bird processed, and at any time

such quarantine, segregation, and reinspection as he deems

necessary of poultry and poultry products capable of use as human

food in each official establishment processing such poultry or

poultry products for commerce or otherwise subject to inspection

under this chapter.

(c) Condemnation; appeal; reprocessing

All poultry carcasses and parts thereof and other poultry

products found to be adulterated shall be condemned and shall, if

no appeal be taken from such determination of condemnation, be

destroyed for human food purposes under the supervision of an

inspector: Provided, That carcasses, parts, and products, which may

by reprocessing be made not adulterated, need not be so condemned

and destroyed if so reprocessed under the supervision of an

inspector and thereafter found to be not adulterated. If an appeal

be taken from such determination, the carcasses, parts, or products

shall be appropriately marked and segregated pending completion of

an appeal inspection, which appeal shall be at the cost of the

appellant if the Secretary determines that the appeal is

frivolous. If the determination of condemnation is sustained the

carcasses, parts, and products shall be destroyed for human food

purposes under the supervision of an inspector.

-SOURCE-

(Pub. L. 85-172, Sec. 6, Aug. 28, 1957, 71 Stat. 443; Pub. L.

90-492, Sec. 6, Aug. 18, 1968, 82 Stat. 798.)

-MISC1-

AMENDMENTS

1968 - Par. (a). Pub. L. 90-492, Sec. 6(a), substituted ''of, or

the burdening of commerce by, any poultry product which is capable

of use as human food and is adulterated,'' for ''or a designated

major consuming area of any poultry product which is unwholesome or

adulterated,'' ''each official establishment'' for ''any official

establishment'', and ''otherwise subject to inspection under this

chapter'' for ''in, or for marketing in a designated city or

area''.

Par. (b). Pub. L. 90-492, Sec. 6(b), substituted ''segregation,

and reinspection'' for ''segregation, reinspection'', and

''otherwise subject to inspection under this chapter'' for ''in, or

for marketing in a designated city or area'', and inserted

''capable of use as human food'' after ''necessary of poultry and

poultry products''.

Par. (c). Pub. L. 90-492, Sec. 6(c), inserted ''other'' before

''poultry products'', and substituted ''to be adulterated'' for

''to be unwholesome or adulterated'', ''made not adulterated'' for

''made not unwholesome and not adulterated'', and ''to be not

adulterated'' for ''to be not unwholesome and not adulterated''.

EFFECTIVE DATE OF 1968 AMENDMENT

Amendment by Pub. L. 90-492 effective Aug. 18, 1968, see section

20 of Pub. L. 90-492, set out as a note under section 451 of this

title.

APPLICABILITY OF CHAPTER REQUIREMENTS TO BIRDS OF THE ORDER RATITAE

Pub. L. 106-387, Sec. 1(a) (title VII, Sec. 752), Oct. 28, 2000,

114 Stat. 1549, 1549A-41, provided that: ''Effective 180 days after

the date of the enactment of this Act (Oct. 28, 2000) and

continuing for the remainder of fiscal year 2001 and each

subsequent fiscal year, establishments in the United States that

slaughter or process birds of the order Ratitae, such as ostriches,

emus and rheas, and squab, for distribution in commerce as human

food shall be subject to the ante mortem and post mortem

inspection, reinspection, and sanitation requirements of the

Poultry Products Inspection Act (21 U.S.C. 451 et seq.) rather than

the voluntary poultry inspection program of the Department of

Agriculture under section 203 of the Agricultural Marketing Act of

1946 (7 U.S.C. 1622).''

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 454, 467 of this title.

-CITE-

21 USC Sec. 456 01/06/03

-EXPCITE-

TITLE 21 - FOOD AND DRUGS

CHAPTER 10 - POULTRY AND POULTRY PRODUCTS INSPECTION

-HEAD-

Sec. 456. Operation of premises, facilities and equipment

-STATUTE-

(a) Sanitary practices

Each official establishment slaughtering poultry or processing

poultry products for commerce or otherwise subject to inspection

under this chapter shall have such premises, facilities, and

equipment, and be operated in accordance with such sanitary

practices, as are required by regulations promulgated by the

Secretary for the purpose of preventing the entry into or flow or

movement in commerce or burdensome effect upon commerce, of poultry

products which are adulterated.

(b) Refusal of inspection

The Secretary shall refuse to render inspection to any

establishment whose premises, facilities, or equipment, or the

operation thereof, fail to meet the requirements of this section.

-SOURCE-

(Pub. L. 85-172, Sec. 7, Aug. 28, 1957, 71 Stat. 444; Pub. L.

90-492, Sec. 7, Aug. 18, 1968, 82 Stat. 799.)

-MISC1-

AMENDMENTS

1968 - Par. (a). Pub. L. 90-492 substituted ''otherwise subject

to inspection under this chapter'' for ''in or for marketing in a

designated major consuming area'', ''burdensome effect upon

commerce'' for ''in a designated major consuming area'', and

''which are adulterated'' for ''which are unwholesome or

adulterated''.

EFFECTIVE DATE OF 1968 AMENDMENT

Amendment by Pub. L. 90-492 effective Aug. 18, 1968, see section

20 of Pub. L. 90-492, set out as a note under section 451 of this

title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 454, 467 of this title.

-CITE-

21 USC Sec. 457 01/06/03

-EXPCITE-

TITLE 21 - FOOD AND DRUGS

CHAPTER 10 - POULTRY AND POULTRY PRODUCTS INSPECTION

-HEAD-

Sec. 457. Labeling and container standards

-STATUTE-

(a) Requirements for shipping containers and immediate containers;

nonconsumer packaged carcasses

All poultry products inspected at any official establishment

under the authority of this chapter and found to be not

adulterated, shall at the time they leave the establishment bear,

in distinctly legible form, on their shipping containers and

immediate containers as the Secretary may require, the information

required under paragraph (h) of section 453 of this title. In

addition, the Secretary whenever he determines such action is

practicable and necessary for the protection of the public, may

require nonconsumer packaged carcasses at the time they leave the

establishment to bear directly thereon in distinctly legible form

any information required under such paragraph (h).

(b) Labeling requirements; definitions and standards of identity or

composition or articles and standards of fill of container;

standards consistent with Federal Food, Drug, and Cosmetic Act;

consistency between Federal and State standards

The Secretary, whenever he determines such action is necessary

for the protection of the public, may prescribe: (1) 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 in

marketing and labeling any articles or poultry subject to this

chapter; (2) definitions and standards of identity or composition

or articles subject to this chapter and standards of fill of

container for such articles not inconsistent with any such

standards established under the Federal Food, Drug, and Cosmetic

Act (21 U.S.C. 301 et seq.), and there shall be consultation

between the Secretary and the Secretary of Health and Human

Services prior to the issuance of such standards under either Act

relating to articles subject to this chapter to avoid inconsistency

in such standards and possible impairment of the coordinated

effective administration of this chapter and the Federal Food,

Drug, and Cosmetic Act. There shall also be consultation between

the Secretary and an appropriate advisory committee provided for in

section 454 of this title, prior to the issuance of such standards

under this chapter, to avoid, insofar as feasible, inconsistency

between Federal and State standards.

(c) Use of trade names; false or misleading marking or labeling;

misleading form or size of container

No article subject to this chapter shall be sold or offered for

sale by any person in commerce, under any name or other marking or

labeling which is false or misleading, or in any container of a

misleading form or size, but established trade names and other

marking and labeling and containers which are not false or

misleading and which are approved by the Secretary are permitted.

(d) Withholding use of false or misleading mark, label, or

container size or form; modification; hearing; conclusiveness

of determination; appeal

If the Secretary 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 using or proposing to use the marketing,

labeling, or container does not accept the determination of the

Secretary, such person may request a hearing, but the use of the

marking, labeling, or container shall, if the Secretary so directs,

be withheld pending hearing and final determination by the

Secretary. Any such determination by the Secretary shall be

conclusive unless, within thirty days after receipt of notice of

such final determination, the person adversely affected thereby

appeals to the United States Court of Appeals for the circuit in

which such person has its principal place of business or to the

United States Court of Appeals for the District of Columbia

Circuit. The provisions of section 194 of title 7 shall be

applicable to appeals taken under this section.

-SOURCE-

(Pub. L. 85-172, Sec. 8, Aug. 28, 1957, 71 Stat. 444; Pub. L.

90-492, Sec. 8, Aug. 18, 1968, 82 Stat. 799; Pub. L. 96-88, title

V, Sec. 509(b), Oct. 17, 1979, 93 Stat. 695.)

-REFTEXT-

REFERENCES IN TEXT

The Federal Food, Drug, and Cosmetic Act, referred to in par.

(b), is act June 25, 1938, ch. 675, 52 Stat. 1040, as amended,

which is classified generally to chapter 9 (Sec. 301 et seq.) of

this title. For complete classification of this Act to the Code,

see section 301 of this title and Tables.

-MISC2-

AMENDMENTS

1968 - Par. (a). Pub. L. 90-492 substituted provisions requiring

shipping containers and immediate containers, as the Secretary may

order, to bear the information required under section 453(h) of

this title, and provisions, whenever the Secretary determines such

action to be practicable and necessary, requiring nonconsumer

packaged carcasses at the time they leave the official

establishment to bear the information required under the

aforementioned section, for provisions requiring shipping

containers to bear the official mark and the approved plant number

of the official establishment in which the contents were processed,

provisions requiring immediate containers to bear the official

inspection mark, the name of the product, a statement of

ingredients, the net weight or other appropriate measure of the

contents, the name and address of the processor, and the approved

plant number of the official establishment in which the contents

were processed, and provisions authorizing the Secretary to make

reasonable variations and grant exemptions from the foregoing

labeling requirements.

Par. (b). Pub. L. 90-492 added par. (b). Provisions of former

par. (b) were redesignated as pars. (c) and (d).

Par. (c). Pub. L. 90-492 redesignated part of provisions of

former par. (b) as (c) and made changes in phraseology.

Par. (d). Pub. L. 90-492 redesignated part of provisions of

former par. (b) as (d) and extended the authority of the Secretary

to withhold from use products which have false or misleading

markings or containers.

-CHANGE-

CHANGE OF NAME

''Secretary of Health and Human Services'' substituted for

''Secretary of Health, Education, and Welfare'' in par. (b)

pursuant to section 509(b) of Pub. L. 96-88, which is classified to

section 3508(b) of Title 20, Education.

-MISC4-

EFFECTIVE DATE OF 1968 AMENDMENT

Amendment by Pub. L. 90-492 effective Aug. 18, 1968, see section

20 of Pub. L. 90-492, set out as a note under section 451 of this

title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 453, 454, 467, 467c of

this title.

-CITE-

21 USC Sec. 458 01/06/03

-EXPCITE-

TITLE 21 - FOOD AND DRUGS

CHAPTER 10 - POULTRY AND POULTRY PRODUCTS INSPECTION

-HEAD-

Sec. 458. Prohibited acts

-STATUTE-

(a) No person shall -

(1) slaughter any poultry or process any poultry products which

are capable of use as human food at any establishment processing

any such articles for commerce, except in compliance with the

requirements of this chapter;

(2) sell, transport, offer for sale or transportation, or

receive for transportation, in commerce, (A) any poultry products

which are capable of use as human food and are adulterated or

misbranded at the time of such sale, transportation, offer for

sale or transportation, or receipt for transportation; or (B) any

poultry products required to be inspected under this chapter

unless they have been so inspected and passed;

(3) do, with respect to any poultry products which are capable

of use as human food, any act while they are being transported in

commerce or held for sale after such transportation, which is

intended to cause or has the effect of causing such products to

be adulterated or misbranded;

(4) sell, transport, offer for sale or transportation, or

receive for transportation, in commerce or from an official

establishment, any slaughtered poultry from which the blood,

feathers, feet, head, or viscera have not been removed in

accordance with regulations promulgated by the Secretary, except

as may be authorized by regulations of the Secretary;

(5) use to his own advantage, or reveal other than to the

authorized representatives of the United States Government or any

State or other government in their official capacity, or as

ordered by a court in any judicial proceedings, any information

acquired under the authority of this chapter concerning any

matter which is entitled to protection as a trade secret.

(b) No brand manufacturer, printer, or other person 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 Secretary.

(c) No person shall -

(1) forge any official device, mark, or certificate;

(2) without authorization from the Secretary use any official

device, mark, or certificate, or simulation thereof, or alter,

detach, deface, or destroy any official device, mark, or

certificate;

(3) contrary to the regulations prescribed by the Secretary,

fail to use, or to detach, deface, or destroy any official

device, mark, or certificate;

(4) knowingly possess, without promptly notifying the Secretary

or his representative, any official device or any counterfeit,

simulated, forged, or improperly altered official certificate or

any device or label or any carcass of any poultry, or 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 Secretary; or

(6) knowingly represent that any article has been inspected and

passed, or exempted, under this chapter when, in fact, it has

respectively, not been so inspected and passed, or exempted.

-SOURCE-

(Pub. L. 85-172, Sec. 9, Aug. 28, 1957, 71 Stat. 445; Pub. L.

90-492, Sec. 9, Aug. 18, 1968, 82 Stat. 800.)

-MISC1-

AMENDMENTS

1968 - Pub. L. 90-492 made revisions in form and phraseology,

added to the enumerated prohibited acts slaughtering poultry or

processing any poultry products capable of use as human food,

except in compliance with the requirements of this chapter, selling

and transporting adulterated or misbranded poultry products or

uninspected poultry products, adulterating or misbranding poultry

products while they are being transported in commerce or held for

sale after such transportation, treating carcasses not in

accordance with regulations promulgated by the Secretary,

possessing, without notifying the Secretary, any official device or

any counterfeit, simulated, etc., official certificate, or any

device or label bearing any counterfeit, simulated, etc., official

mark, and making false representations and statements, and

clarified application to brand manufacturers and printers of

existing provisions prohibiting the counterfeiting of official

marks, labels, or certificates.

EFFECTIVE DATE OF 1968 AMENDMENT

Amendment by Pub. L. 90-492 effective Aug. 18, 1968, except that

amendment of pars. (a)(2)(A) and (a)(3) effective upon the

expiration of sixty days after Aug. 18, 1968, see section 20 of

Pub. L. 90-492, set out as a note under section 451 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 454, 461 of this title.

-CITE-

21 USC Sec. 459 01/06/03

-EXPCITE-

TITLE 21 - FOOD AND DRUGS

CHAPTER 10 - POULTRY AND POULTRY PRODUCTS INSPECTION

-HEAD-

Sec. 459. Compliance by all establishments

-STATUTE-

No establishment processing poultry or poultry products for

commerce otherwise subject to this chapter shall process any

poultry or poultry product except in compliance with the

requirements of this chapter.

-SOURCE-

(Pub. L. 85-172, Sec. 10, Aug. 28, 1957, 71 Stat. 446; Pub. L.

90-492, Sec. 10, Aug. 18, 1968, 82 Stat. 801.)

-MISC1-

AMENDMENTS

1968 - Pub. L. 90-492 substituted ''otherwise subject to this

chapter'' for ''in or for marketing in a designated major consuming

area''.

EFFECTIVE DATE OF 1968 AMENDMENT

Amendment by Pub. L. 90-492 effective Aug. 18, 1968, see section

20 of Pub. L. 90-492, set out as a note under section 451 of this

title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 454, 461 of this title.

-CITE-

21 USC Sec. 460 01/06/03

-EXPCITE-

TITLE 21 - FOOD AND DRUGS

CHAPTER 10 - POULTRY AND POULTRY PRODUCTS INSPECTION

-HEAD-

Sec. 460. Miscellaneous activities subject to regulation

-STATUTE-

(a) Prohibition of inspection of articles not intended for use as

human food; denaturation or other identification prior to

distribution in commerce; inedible articles

Inspection shall not be provided under this chapter at any

establishment for the slaughter of poultry or the processing of any

carcasses or parts or products of poultry, which are not intended

for use as human food, but such articles shall, prior to their

offer for sale or transportation in commerce, unless naturally

inedible by humans, be denatured or otherwise identified as

prescribed by regulations of the Secretary to deter their use for

human food. No person shall buy, sell, transport, or offer for

sale or transportation, or receive for transportation, in commerce,

or import, any poultry carcasses or parts or products thereof which

are not intended for use as human food unless they are denatured or

otherwise identified as required by the regulations of the

Secretary or are naturally inedible by humans.

(b) Recordkeeping requirements; persons liable; scope of

disclosure; access to places of business; examination of

records, facilities, and inventories; copies; samples

The following classes of persons shall, for such period of time

as the Secretary may by regulations prescribe, not to exceed two

years unless otherwise directed by the Secretary for good cause

shown, keep such records as are properly necessary for the

effective enforcement of this chapter in order to insure against

adulterated or misbranded poultry products for the American

consumer; and all persons subject to such requirements shall, at

all reasonable times, upon notice by a duly authorized

representative of the Secretary, afford such representative 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 therefor -

(1) Any person that engages in the business of slaughtering any

poultry or processing, freezing, packaging, or labeling any

carcasses, or parts or products of carcasses, of any poultry, for

commerce, for use as human food or animal food;

(2) Any person that engages in the business of buying or

selling (as poultry products brokers, wholesalers or otherwise),

or transporting, in commerce, or storing in or for commerce, or

importing, any carcasses, or parts or products of carcasses, of

any poultry;

(3) Any person that engages in business, in or for commerce, as

a renderer, or engages in the business of buying, selling, or

transporting, in commerce, or importing, any dead, dying,

disabled, or diseased poultry or parts of the carcasses of any

poultry that died otherwise than by slaughter.

(c) Registration of business, name of person, and trade names

No person shall engage in business, in or for commerce, as a

poultry products broker, renderer, or animal food manufacturer, or

engage in business in commerce as a wholesaler of any carcasses, or

parts or products of the carcasses, of any poultry, whether

intended for human food or other purposes, or engage in business as

a public warehouseman storing any such articles in or for commerce,

or engage in the business of buying, selling, or transporting in

commerce, or importing, any dead, dying, disabled, or diseased

poultry, or parts of the carcasses of any poultry that died

otherwise than by slaughter, unless when required by regulations of

the Secretary, he has registered with the Secretary his name, and

the address of each place of business at which, and all trade names

under which, he conducts such business.

(d) Regulation of transactions, transportation, or importation of

dead, dying, disabled or diseased poultry or carcasses to

prevent use as human food

No person engaged in the business of buying, selling, or

transporting in commerce, or importing, dead, dying, disabled, or

diseased poultry, or any parts of the carcasses of any poultry that

died otherwise than by slaughter, shall buy, sell, transport, offer

for sale or transportation, or receive for transportation, in

commerce, or import, any dead, dying, disabled, or diseased poultry

or parts of the carcasses of any poultry that died otherwise than

by slaughter, unless such transaction, transportation or

importation is made in accordance with such regulations as the

Secretary may prescribe to assure that such poultry, or the

unwholesome parts or products thereof, will be prevented from being

used for human food.

(e) Federal provisions applicable to State or Territorial business

transactions of a local nature and not subject to local

authority

The authority conferred on the Secretary by paragraph (b), (c),

or (d) of this section with respect to persons engaged in the

specified kinds of business in or for commerce may be exercised

with respect to persons engaged, in any State or organized

territory, in such kinds of business but not in or for commerce,

whenever the Secretary determines, after consultation with an

appropriate advisory committee provided for in section 454 of this

title, that the State or territory does not have at least equal

authority under its laws or such authority is not exercised in a

manner to effectuate the purposes of this chapter, including the

State or territory providing for the Secretary or his

representative being afforded access to such places of business and

the facilities, inventories, and records thereof, and the taking of

reasonable samples, where he determines necessary in carrying out

his responsibilities under this chapter; and in such case the

provisions of paragraph (b), (c), or (d) of this section,

respectively, shall apply to such persons to the same extent and in

the same manner as if they were engaged in such business in or for

commerce and the transactions involved were in commerce.

-SOURCE-

(Pub. L. 85-172, Sec. 11, Aug. 28, 1957, 71 Stat. 446; Pub. L.

90-492, Sec. 11, Aug. 18, 1968, 82 Stat. 801.)

-MISC1-

AMENDMENTS

1968 - Pub. L. 90-492 designated existing provisions as par. (b),

added pars. (a), and (c) to (e), and in par. (b), as so designated,

extended the types of persons required to maintain records

necessary for the enforcement of this chapter, required such

persons to give representatives of the Secretary access to their

places of business, and opportunity to examine records, facilities,

and inventories and to copy records and take inventory samples upon

payment.

EFFECTIVE DATE OF 1968 AMENDMENT

Amendment by Pub. L. 90-492 effective Aug. 18, 1968, except that

par. (d) effective upon the expiration of sixty days after Aug. 18,

1968, see section 20 of Pub. L. 90-492, set out as a note under

section 451 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 454, 461, 467e of this

title.

-CITE-

21 USC Sec. 461 01/06/03

-EXPCITE-

TITLE 21 - FOOD AND DRUGS

CHAPTER 10 - POULTRY AND POULTRY PRODUCTS INSPECTION

-HEAD-

Sec. 461. Offenses and punishment

-STATUTE-

(a) Violations; liability of agents, employees, and employers

Any person who violates the provisions of section 458, 459, 460,

463, or 466 of this title shall be fined not more than $1,000 or

imprisoned not more than one year, or both; but if such violation

involves intent to defraud, or any distribution or attempted

distribution of an article that is adulterated (except as defined

in section 453(g)(8) of this title), such person shall be fined not

more than $10,000 or imprisoned not more than three years, or

both. When construing or enforcing the provisions of said sections

the act, omission, or failure of any person acting for or employed

by any individual, partnership, corporation, or association within

the scope of his employment or office shall in every case be deemed

the act, omission, or failure of such individual, partnership,

corporation, or association, as well as of such person.

(b) Liability of carrier

No carrier shall be subject to the penalties of this chapter,

other than the penalties for violation of section 460 of this

title, by reason of his receipt, carriage, holding, or delivery, in

the usual course of business, as a carrier, of poultry or poultry

products, owned by another person unless the carrier has knowledge,

or is in possession of facts which would cause a reasonable person

to believe that such poultry or poultry products were not inspected

or marked in accordance with the provisions of this chapter or were

otherwise not eligible for transportation under this chapter or

unless the carrier refuses to furnish on request of a

representative of the Secretary the name and address of the person

from whom he received such poultry or poultry products, and copies

of all documents, if any there be, pertaining to the delivery of

the poultry or poultry products to such carrier.

(c) Assaulting, resisting, or impeding certain persons; murder;

punishments

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 not more

than three years, or both. Whoever, in the commission of any such

acts, uses a deadly or dangerous weapon, shall be fined not more

than $10,000 or imprisoned not more than ten years, or both.

Whoever kills any person while engaged in or on account of the

performance of his official duties under this chapter shall be

punished as provided under sections 1111 and 1114 of title 18.

-SOURCE-

(Pub. L. 85-172, Sec. 12, Aug. 28, 1957, 71 Stat. 446; Pub. L.

90-492, Sec. 12, Aug. 18, 1968, 82 Stat. 802.)

-MISC1-

AMENDMENTS

1968 - Par. (a). Pub. L. 90-492, Sec. 12(a), inserted reference

to violations of section 463 of this title, and substituted

provisions that violators of the enumerated sections shall be fined

not more than $1,000 or imprisoned not more than one year, or both,

but that in cases involving intent to defraud, or any distribution

or attempt to distribute adulterated articles, except as defined in

section 453(g) of this title, the violators shall be fined not more

than $10,000 or imprisoned not more than three years, or both, for

provisions that violators shall be guilty of a misdemeanor and

subject to imprisonment for not more than six months or a fine of

not more than $3,000, or both, with increased fines and

imprisonment for any subsequent violations.

Par. (b). Pub. L. 90-492, Sec. 12(b), substituted ''of poultry''

for ''of slaughtered poultry'', ''such poultry'' for ''such

slaughtered poultry'', and ''otherwise not eligible'' for ''not

otherwise eligible'', and inserted provision that no carrier shall

be subject to punishment unless the carrier refuses to furnish the

name and address of the person from whom he received such poultry

or poultry products, and copies of any documents pertaining to the

delivery of the poultry or poultry products to such carrier.

Par. (c). Pub. L. 90-492, Sec. 12(c), added par. (c).

EFFECTIVE DATE OF 1968 AMENDMENT

Amendment by Pub. L. 90-492 effective Aug. 18, 1968, see section

20 of Pub. L. 90-492, set out as a note under section 451 of this

title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 454 of this title.

-CITE-

21 USC Sec. 462 01/06/03

-EXPCITE-

TITLE 21 - FOOD AND DRUGS

CHAPTER 10 - POULTRY AND POULTRY PRODUCTS INSPECTION

-HEAD-

Sec. 462. Reporting of violations; notice; opportunity to present

views

-STATUTE-

Before any violation of this chapter is reported by the Secretary

to any United States attorney for institution of a criminal

proceeding, the person against whom such proceeding is contemplated

shall be given reasonable notice of the alleged violation and

opportunity to present his views orally or in writing with regard

to such contemplated proceeding. Nothing in this chapter shall be

construed as requiring the Secretary to report for criminal

prosecution violations of this chapter whenever he believes that

the public interest will be adequately served and compliance with

the chapter obtained by a suitable written notice or warning.

-SOURCE-

(Pub. L. 85-172, Sec. 13, Aug. 28, 1957, 71 Stat. 447.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 454 of this title.

-CITE-

21 USC Sec. 463 01/06/03

-EXPCITE-

TITLE 21 - FOOD AND DRUGS

CHAPTER 10 - POULTRY AND POULTRY PRODUCTS INSPECTION

-HEAD-

Sec. 463. Rules and regulations

-STATUTE-

(a) Storage and handling of poultry products; violation of

regulations

The Secretary may by regulations prescribe conditions under which

poultry products capable of use as human food, shall be stored or

otherwise handled by any person engaged in the business of buying,

selling, freezing, storing, or transporting, in or for commerce, or

importing, such articles, whenever the Secretary deems such action

necessary to assure that such articles will not be adulterated or

misbranded when delivered to the consumer. Violation of any such

regulation is prohibited.

(b) Other necessary rules and regulations

The Secretary shall promulgate such other rules and regulations

as are necessary to carry out the provisions of this chapter.

(c) Oral presentation of views

In applying the provisions of section 553(c) of title 5 to

proposed rule making under this chapter, an opportunity for the

oral presentation of views shall be accorded all interested

persons.

-SOURCE-

(Pub. L. 85-172, Sec. 14, Aug. 28, 1957, 71 Stat. 447; Pub. L.

90-492, Sec. 13, Aug. 18, 1968, 82 Stat. 803.)

-MISC1-

AMENDMENTS

1968 - Pub. L. 90-492 designated existing provisions as par. (b),

added pars. (a) and (c), and in par. (b), as so designated,

substituted ''such other rules'' for ''such rules''.

EFFECTIVE DATE OF 1968 AMENDMENT

Amendment by Pub. L. 90-492 effective Aug. 18, 1968, see section

20 of Pub. L. 90-492, set out as a note under section 451 of this

title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 454, 461 of this title.

-CITE-

21 USC Sec. 464 01/06/03

-EXPCITE-

TITLE 21 - FOOD AND DRUGS

CHAPTER 10 - POULTRY AND POULTRY PRODUCTS INSPECTION

-HEAD-

Sec. 464. Exemptions

-STATUTE-

(a) Persons exempted

The Secretary shall, by regulation and under such conditions as

to sanitary standards, practices, and procedures as he may

prescribe, exempt from specific provisions of this chapter -

(1) retail dealers with respect to poultry products sold

directly to consumers in individual retail stores, if the only

processing operation performed by such retail dealers is the

cutting up of poultry products on the premises where such sales

to consumers are made;

(2) for such period of time as the Secretary determines that it

would be impracticable to provide inspection and the exemption

will aid in the effective administration of this chapter, any

person engaged in the processing of poultry or poultry products

for commerce and the poultry or poultry products processed by

such person: Provided, however, That no such exemption shall

continue in effect on and after January 1, 1970; and

(3) persons slaughtering, processing, or otherwise handling

poultry or poultry products which have been or are to be

processed as required by recognized religious dietary laws, to

the extent that the Secretary determines necessary to avoid

conflict with such requirements while still effectuating the

purposes of this chapter.

(b) Territorial exemption

The Secretary may, under such sanitary conditions as he may by

regulations prescribe, exempt from the inspection requirements of

this chapter the slaughter of poultry, and the processing of

poultry products, by any person in any Territory not organized with

a legislative body, solely for distribution within such Territory,

when the Secretary determines that it is impracticable to provide

such inspection within the limits of funds appropriated for

administration of this chapter and that such exemption will aid in

the effective administration of this chapter.

(c) Personal slaughtering; custom slaughtering; name and address of

the poultry producer or processor in lieu of other labeling

requirements; small enterprises; slaughterers or processors of

specified number of turkeys; poultry producers raising poultry

on own farms

(1) The Secretary shall, by regulation and under such conditions,

including sanitary standards, practices, and procedures, as he may

prescribe, exempt from specific provisions of this chapter -

(A) the slaughtering by any person of poultry of his own

raising, and the processing by him and transportation in commerce

of the poultry products exclusively for use by him and members of

his household and his nonpaying guests and employees;

(B) the custom slaughter by any person of poultry delivered by

the owner thereof for such slaughter, and the processing by such

slaughterer and transportation in commerce of the poultry

products exclusively for use, in the household of such owner, by

him and members of his household and his nonpaying guests and

employees: Provided, That such custom slaughterer does not engage

in the business of buying or selling any poultry products capable

of use as human food;

(C) the slaughtering and processing of poultry products in any

State or Territory or the District of Columbia by any poultry

producer on his own premises with respect to sound and healthy

poultry raised on his premises and the distribution by any person

solely within such jurisdiction of the poultry products derived

from such operations, if, in lieu of other labeling requirements,

such poultry products are identified with the name and address of

such poultry producer, and if they are not otherwise misbranded,

and are sound, clean, and fit for human food when so distributed;

and

(D) the slaughtering of sound and healthy poultry or the

processing of poultry products of such poultry in any State or

territory or the District of Columbia by any poultry producer or

other person for distribution by him solely within such

jurisdiction directly to household consumers, restaurants,

hotels, and boarding houses, for use in their own dining rooms,

or in the preparation of meals for sales direct to consumers, if,

in lieu of other labeling requirements, such poultry products are

identified with the name and address of the processor, and if

they are not otherwise misbranded and are sound, clean, and fit

for human food when distributed by such processor.

The exemptions provided for in clauses (C) and (D) above shall not

apply if the poultry producer or other person engages in the

current calendar year in the business of buying or selling any

poultry or poultry products other than as specified in such

clauses.

(2) In addition to the specific exemptions provided herein, the

Secretary shall, when he determines that the protection of

consumers from adulterated or misbranded poultry products will not

be impaired by such action, provide by regulation, consistent with

subparagraph (3), for the exemption of the operation and products

of small enterprises (including poultry producers), not exempted

under subparagraph (1), which are engaged in any State or Territory

or the District of Columbia in slaughtering and/or cutting up

poultry for distribution as carcasses or parts thereof solely for

distribution within such jurisdiction, from such provisions of this

chapter as he deems appropriate, while still protecting the public

from adulterated or misbranded products, under such conditions,

including sanitary requirements, as he shall prescribe to

effectuate the purposes of this chapter.

(3) No exemption under subparagraph (1)(C) or (D) or subparagraph

(2) shall apply to any poultry producer or other person who, in the

current calendar year -

(A) slaughters or processes the products of more than 20,000

poultry; or

(B) slaughters or processes the products of poultry at a

facility used for slaughtering or processing of the products of

poultry by any other poultry producer or person.

Notwithstanding clause (B), the Secretary may grant such exemption

to any poultry producer or other person if the Secretary

determines, upon application of such poultry producer or other

person, that granting such exemption will not impair effectuating

the purposes of this chapter.

(4) The provisions of this chapter shall not apply to poultry

producers with respect to poultry of their own raising on their own

farms if (i) such producers slaughter not more than 1,000 poultry

during the calendar year for which this exemption is being

determined; (ii) such poultry producers do not engage in buying or

selling poultry products other than those produced from poultry

raised on their own farms; and (iii) none of such poultry moves in

commerce (as defined in section 453(a) of this title).

(d) Pizzas containing poultry products

(1) Under such terms and conditions as the Secretary shall

prescribe through rules and regulations issued under this section

that may be necessary to ensure food safety and protect public

health such as special handling procedures, the Secretary shall

exempt pizzas containing a poultry product from the inspection

requirements of this chapter if -

(A) the poultry product components of the pizzas have been

prepared, inspected, and passed in a cured or cooked form as

ready-to-eat in compliance with the requirements of this chapter;

and

(B) the pizzas are to be served in public or private nonprofit

institutions.

(2) The Secretary may withdraw or modify any exemption under this

subsection whenever the Secretary determines such action is

necessary to ensure food safety and to protect public health. The

Secretary may reinstate or further modify any exemption withdrawn

or modified under this subsection.

(e) Applicability of adulteration and misbranding provisions to

articles exempted from inspection

The adulteration and misbranding provisions of this chapter,

other than the requirement of the inspection legend, shall apply to

articles which are exempted from inspection under this section,

except as otherwise specified under paragraphs (a) and (d).

(f) Suspension or termination of exemption

The Secretary may by order suspend or terminate any exemption

under this section with respect to any person whenever he finds

that such action will aid in effectuating the purposes of this

chapter.

-SOURCE-

(Pub. L. 85-172, Sec. 15, Aug. 28, 1957, 71 Stat. 447; Pub. L.

90-492, Sec. 14, Aug. 18, 1968, 82 Stat. 803; Pub. L. 97-206, June

30, 1982, 96 Stat. 136; Pub. L. 102-237, title X, Sec. 1016(b),

Dec. 13, 1991, 105 Stat. 1903.)

-MISC1-

AMENDMENTS

1991 - Subsecs. (d) to (f). Pub. L. 102-237 added subsec. (d),

redesignated former subsec. (d) as (e) and substituted ''(d)'' for

''(c)'', and redesignated former subsec. (e) as (f).

1982 - Par. (c)(3). Pub. L. 97-206, Sec. 1, substituted

provisions that no exemption would be given to persons who during

the current calendar year either slaughter or process the products

of more than 20,000 poultry, or slaughter or process such poultry

at a facility of another poultry producer or person, but that, in

the latter case, the Secretary may grant the exemption upon

application of such poultry producer or person if granting such

exemption would not impair the purposes of this chapter, for

provisions that an exemption would not be granted to those who

slaughter or process the products of more than 5,000 turkeys or an

equivalent number of poultry of all species in the current calendar

year (four birds of other species being deemed equivalent of one

turkey).

Par. (c)(4)(i). Pub. L. 97-206, Sec. 2, substituted ''1,000

poultry during the calendar year for which this exemption is being

determined'' for ''250 turkeys, or not more than an equivalent

number of birds of all species during the calendar year for which

this exemption is being determined (four birds of other species

being deemed the equivalent of one turkey)''.

1968 - Par. (a). Pub. L. 90-492, Sec. 14(a), (b), redesignated

subpars. (2) to (4) as (1) to (3), respectively, and in subpar.

(2), as so redesignated, substituted ''January 1, 1970'' for ''July

1, 1960''. Former subpar. (1), which exempted poultry producers

with respect to poultry of their own raising on their own farms

which they sold directly to household consumers, hotels, etc., for

use in their own dining rooms or in the preparation of meals for

sales direct to consumers only, provided that such producers did

not engage in buying or selling poultry products other than those

produced from poultry raised on their own farms, was struck out.

Pars. (b) to (e). Pub. L. 90-492, Sec. 14(c), added pars. (b) to

(d) and redesignated former par. (b) as (e).

EFFECTIVE DATE OF 1968 AMENDMENT

Amendment by Pub. L. 90-492 effective upon the expiration of

sixty days after Aug. 18, 1968, see section 20(b) of Pub. L.

90-492, set out as a note under section 451 of this title.

REGULATIONS

Section 1016(c) of Pub. L. 102-237 provided that: ''No later than

August 1, 1992, the Secretary of Agriculture shall issue final

rules, through prior notice and comment rulemaking procedures, to

implement the exemption authorized by section 23(c) of the Federal

Meat Inspection Act (21 U.S.C. 623(c)) (as added by subsection (a))

and the exemption authorized by section 15(d) of the Poultry

Products Inspection Act (21 U.S.C. 464(d)) (as added by subsection

(b)). Prior to the issuance of the final rules, the Secretary shall

hold at least one public hearing examining the public health and

food safety issues raised by the granting of each of the

exemptions.''

STUDIES CONCERNING GRANT OF FUTURE EXEMPTIONS FOR POULTRY AND MEAT

FOOD PRODUCTS

Section 1016(d) of Pub. L. 102-237 directed Secretary of

Agriculture in consultation with National Academy of Sciences to

conduct a study on meat food and poultry products inspection

exemptions under Federal Meat Inspection Act and Poultry Products

Inspection Act and a study on an exemption from requirements of

such Acts for certain wholesale meat outlets selling to hotels and

other similar institutional users not later than 24 months after

Dec. 13, 1991, and on completion of each study to provide the

results to Committee on Agriculture of House of Representatives and

Committee on Agriculture, Nutrition, and Forestry of Senate.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 454 of this title.

-CITE-

21 USC Sec. 465 01/06/03

-EXPCITE-

TITLE 21 - FOOD AND DRUGS

CHAPTER 10 - POULTRY AND POULTRY PRODUCTS INSPECTION

-HEAD-

Sec. 465. Limitations upon entry of poultry products and other

materials into official establishments

-STATUTE-

The Secretary may limit the entry of poultry products and other

materials into any official establishment, under such conditions as

he may prescribe to assure that allowing the entry of such articles

into such inspected establishments will be consistent with the

purposes of this chapter.

-SOURCE-

(Pub. L. 85-172, Sec. 16, Aug. 28, 1957, 71 Stat. 448; Pub. L.

90-492, Sec. 15, Aug. 18, 1968, 82 Stat. 805.)

-MISC1-

AMENDMENTS

1968 - Pub. L. 90-492 substituted provisions authorizing the

Secretary to limit the entry of poultry products and other

materials into any official establishment for provisions that any

person distributing unwholesome or adulterated exempted poultry or

poultry products intended for human consumption shall be guilty of

a misdemeanor and subject to penalties upon conviction thereof.

EFFECTIVE DATE OF 1968 AMENDMENT

Amendment by Pub. L. 90-492 effective Aug. 18, 1968, see section

20 of Pub. L. 90-492, set out as a note under section 451 of this

title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 454 of this title.

-CITE-

21 USC Sec. 466 01/06/03

-EXPCITE-

TITLE 21 - FOOD AND DRUGS

CHAPTER 10 - POULTRY AND POULTRY PRODUCTS INSPECTION

-HEAD-

Sec. 466. Imports

-STATUTE-

(a) Compliance with standards and regulations; status after

importation

No slaughtered poultry, or parts or products thereof, of any kind

shall be imported into the United States unless they are healthful,

wholesome, fit for human food, not adulterated, and contain no dye,

chemical, preservative, or ingredient which renders them

unhealthful, unwholesome, adulterated, or unfit for human food and

unless they also comply with the rules and regulations made by the

Secretary of Agriculture to assure that imported poultry or poultry

products comply with the standards provided for in this chapter.

All imported, slaughtered poultry, or parts or products thereof,

shall after entry into the United States in compliance with such

rules and regulations be deemed and treated as domestic slaughtered

poultry, or parts or products thereof, within the meaning and

subject to the provisions of this chapter and the Federal Food,

Drug, and Cosmetic Act (21 U.S.C. 301 et seq.), and Acts amendatory

of, supplemental to, or in substitution for such chapter and Act.

(b) Rules and regulations; destruction and exportation of refused

imports

The Secretary of Agriculture is authorized to make rules and

regulations to carry out the purposes of this section and in such

rules and regulations the Secretary of Agriculture may prescribe

the terms and conditions for the destruction of all slaughtered

poultry, or parts or products thereof, offered for entry and

refused admission into the United States unless such slaughtered

poultry, or parts or products thereof, be exported by the consignee

within the time fixed therefor in such rules and regulations.

(c) Storage, cartage and labor charges for imports refused

admission

All charges for storage, cartage, and labor with respect to any

product which is refused admission pursuant to this section shall

be paid by the owner or consignee, and in default of such payment

shall constitute a lien against any other products imported

thereafter by or for such owner or consignee.

(d) Domestic standards and processing facilities applicable;

enforcement

(1) Notwithstanding any other provision of law, all poultry, or

parts or products of poultry, capable of use as human food offered

for importation into the United States shall -

(A) be subject to inspection, sanitary, quality, species

verification, and residue standards that achieve a level of

sanitary protection equivalent to that achieved under United

States standards; and

(B) have been processed in facilities and under conditions that

achieve a level of sanitary protection equivalent to that

achieved under United States standards.

(2)(A) The Secretary may treat as equivalent to a United States

standard a standard of an exporting country described in paragraph

(1) if the exporting country provides the Secretary with scientific

evidence or other information, in accordance with risk assessment

methodologies determined appropriate by the Secretary, to

demonstrate that the standard of the exporting country achieves the

level of sanitary protection achieved under the United States

standard. For the purposes of this subsection, the term ''sanitary

protection'' means protection to safeguard public health.

(B) The Secretary may -

(i) determine, on a scientific basis, that the standard of the

exporting country does not achieve the level of protection that

the Secretary considers appropriate; and

(ii) provide the basis for the determination in writing to the

exporting country on request.

(3) Any such imported poultry article that does not meet such

standards shall not be permitted entry into the United States.

(4) The Secretary shall enforce this subsection through -

(A) random inspections for such species verification and for

residues; and

(B) random sampling and testing of internal organs and fat of

carcasses for residues at the point of slaughter by the exporting

country, in accordance with methods approved by the Secretary.

-SOURCE-

(Pub. L. 85-172, Sec. 17, Aug. 28, 1957, 71 Stat. 448; Pub. L.

99-198, title XVII, Sec. 1701(a), Dec. 23, 1985, 99 Stat. 1633;

Pub. L. 103-182, title III, Sec. 361(e), Dec. 8, 1993, 107 Stat.

2123; Pub. L. 103-465, title IV, Sec. 431(k), Dec. 8, 1994, 108

Stat. 4969.)

-REFTEXT-

REFERENCES IN TEXT

The Federal Food, Drug, and Cosmetic Act, referred to in subsec.

(a), is act June 25, 1938, ch. 675, 52 Stat. 1040, as amended,

which is classified generally to chapter 9 (Sec. 301 et seq.) of

this title. For complete classification of this Act to the Code,

see section 301 of this title and Tables.

-MISC2-

AMENDMENTS

1994 - Subsec. (d)(1). Pub. L. 103-465, Sec. 431(k)(1), amended

par. (1) generally. Prior to amendment, par. (1) read as follows:

''Notwithstanding any other provision of law, except as provided in

paragraph (2), all poultry, or parts or products thereof, capable

of use as human food offered for importation into the United States

shall -

''(A) be subject to the same inspection, sanitary, quality,

species verification, and residue standards applied to products

produced in the United States; and

''(B) have been processed in facilities and under conditions

that are the same as those under which similar products are

processed in the United States.''

Subsec. (d)(2)(A). Pub. L. 103-465, Sec. 431(k)(2)(A), amended

subpar. (A) generally. Prior to amendment, subpar. (A) read as

follows: ''Notwithstanding any other provision of law, all poultry,

or parts or products of poultry, capable of use as human food

offered for importation into the United States from Canada and

Mexico shall -

''(i) comply with paragraph (1); or

''(ii)(I) be subject to inspection, sanitary, quality, species

verification, and residue standards that are equivalent to United

States standards; and

''(II) have been processed in facilities and under conditions

that meet standards that are equivalent to United States

standards.''

Subsec. (d)(2)(B), (C). Pub. L. 103-465, Sec. 431(k)(2)(B), (C),

redesignated subpar. (C) as (B) and struck out former subpar. (B)

which read as follows: ''The Secretary may treat as equivalent to a

United States standard a standard of Canada or Mexico described in

subparagraph (A)(ii) if the exporting country provides the

Secretary with scientific evidence or other information, in

accordance with risk assessment methodologies agreed to by the

Secretary and the exporting country, to demonstrate that the

standard of the exporting country achieves the level of protection

that the Secretary considers appropriate.''

1993 - Subsec. (d). Pub. L. 103-182, in par. (1), inserted

''except as provided in paragraph (2),'' before ''all poultry'' in

introductory provisions, added par. (2), and redesignated former

pars. (2) and (3) as (3) and (4), respectively.

1985 - Par. (d). Pub. L. 99-198 added par. (d).

EFFECTIVE DATE OF 1994 AMENDMENT

Amendment by Pub. L. 103-465 effective, except as otherwise

provided, on the date of entry into force of the World Trade

Organization Agreement with respect to the United States (Jan. 1,

1995), see section 451 of Pub. L. 103-465, set out as an Effective

Date note under section 3601 of Title 19, Customs Duties.

EFFECTIVE DATE OF 1985 AMENDMENT

Section 1701(b) of Pub. L. 99-198 proved that: ''The amendment

made by this section (amending this section) shall become effective

6 months after the date of enactment of this Act (Dec. 23, 1985).''

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 454, 461 of this title.

-CITE-

21 USC Sec. 467 01/06/03

-EXPCITE-

TITLE 21 - FOOD AND DRUGS

CHAPTER 10 - POULTRY AND POULTRY PRODUCTS INSPECTION

-HEAD-

Sec. 467. Inspection services

-STATUTE-

(a) Refusal or withdrawal; hearing; business unfitness based upon

certain convictions; persons responsibly connected with the

business

The Secretary may (for such period, or indefinitely, as he deems

necessary to effectuate the purposes of this chapter) refuse to

provide, or withdraw, inspection service under this chapter 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 upon this chapter because the

applicant or recipient or anyone responsibly connected with the

applicant or recipient, has been convicted, in any Federal or State

court, within the previous ten years of (1) any felony or more than

one misdemeanor under any law based upon the acquiring, handling,

or distributing of adulterated, mislabeled, or deceptively packaged

food or fraud in connection with transactions in food; or (2) any

felony, involving fraud, bribery, extortion, or any other act or

circumstances indicating a lack of the integrity needed for the

conduct of operations affecting the public health. For the purpose

of this paragraph a person shall be deemed to be responsibly

connected with the business if he was a partner, officer, director,

holder, or owner of 10 per centum or more of its voting stock or

employee in a managerial or executive capacity.

(b) Hearing to determine validity of withdrawal or refusal of

inspection services; continuation of withdrawal or refusal

Upon the withdrawal of inspection service from any official

establishment for failure to destroy condemned poultry products as

required under section 455 of this title, or other failure of an

official establishment to comply with the requirements as to

premises, facilities, or equipment, or the operation thereof, as

provided in section 456 of this title, or the refusal of inspection

service to any applicant therefor because of failure to comply with

any requirements under section 456 of this title, the applicant

for, or recipient of, the service shall, upon request, be afforded

opportunity for a hearing with respect to the merits or validity of

such action; but such withdrawal or refusal shall continue in

effect unless otherwise ordered by the Secretary.

(c) Finality and conclusiveness of determination; judicial review;

record

The determination and order of the Secretary when made after

opportunity for hearing, with respect to withdrawal or refusal of

inspection service under this chapter shall be final and conclusive

unless the affected applicant for, or recipient of, inspection

service files application for judicial review within thirty days

after the effective date of such order in the United States Court

of Appeals as provided in section 457 of this title. Judicial

review of any such order shall be upon the record upon which the

determination and order are based. The provisions of section 194

of title 7 shall be applicable to appeals taken under this section.

-SOURCE-

(Pub. L. 85-172, Sec. 18, Aug. 28, 1957, 71 Stat. 448; Pub. L.

90-492, Sec. 16, Aug. 18, 1968, 82 Stat. 805.)

-MISC1-

AMENDMENTS

1968 - Par. (a). Pub. L. 90-492 substituted provisions

authorizing the Secretary to refuse or withdraw inspection services

subsequent to a hearing determining that the applicant or recipient

is unfit to engage in any business requiring inspection under this

chapter based upon the specified considerations, for provisions

granting the Secretary exclusive jurisdiction within the scope of

this chapter and exempting poultry and poultry products from the

provisions of the Federal Food, Drug, and Cosmetic Act, as amended,

to the extent of the application or the extension thereof of the

provisions of this chapter.

Par. (b). Pub. L. 90-492 substituted provisions granting a

hearing, upon request by the applicant or recipient, to determine

the merits and validity of the withdrawal or refusal of inspection

services and continuing such withdrawal or refusal in effect,

unless otherwise ordered by the Secretary, for provisions

authorizing the Secretary to cooperate with other branches of

government and with State agencies and to conduct examinations,

investigations, and inspections through any officer or employee of

a State commissioned by the Secretary for such purpose.

Par. (c). Pub. L. 90-492 added par. (c).

EFFECTIVE DATE OF 1968 AMENDMENT

Amendment by Pub. L. 90-492 effective Aug. 18, 1968, see section

20 of Pub. L. 90-492, set out as a note under section 451 of this

title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 454, 467c of this title.

-CITE-

21 USC Sec. 467a 01/06/03

-EXPCITE-

TITLE 21 - FOOD AND DRUGS

CHAPTER 10 - POULTRY AND POULTRY PRODUCTS INSPECTION

-HEAD-

Sec. 467a. Administrative detention; duration; pending judicial

proceedings; notification of government authorities; release;

removal of official marks

-STATUTE-

Whenever any poultry product, or any product exempted from the

definition of a poultry product, or any dead, dying, disabled, or

diseased poultry is found by any authorized representative of the

Secretary upon any premises where it is held for purposes of, or

during or after distribution in, commerce or otherwise subject to

this chapter, 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 of any other Federal law or the laws of any

State or Territory, or the District of Columbia, or that it 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 days, pending action under section 467b of

this title or notification of any Federal, State, or other

governmental authorities having jurisdiction over such article or

poultry, and shall not be moved by any person, 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 poultry before it

is released unless it appears to the satisfaction of the Secretary

that the article or poultry is eligible to retain such marks.

-SOURCE-

(Pub. L. 85-172, Sec. 19, as added Pub. L. 90-492, Sec. 17, Aug.

18, 1968, 82 Stat. 805.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 454, 467f of this title.

-CITE-

21 USC Sec. 467b 01/06/03

-EXPCITE-

TITLE 21 - FOOD AND DRUGS

CHAPTER 10 - POULTRY AND POULTRY PRODUCTS INSPECTION

-HEAD-

Sec. 467b. Seizure and condemnation

-STATUTE-

(a) Proceedings in rem; libel of information; jurisdiction;

disposal by destruction or sale; proceeds into the Treasury;

sales restrictions; bonds; court costs and fees, storage, and

other expenses against claimants; jury trial; United States as

plaintiff

(1) Any poultry product, or any dead, dying, disabled, or

diseased poultry, that is being transported in commerce or

otherwise subject to this chapter, or is held for sale in the

United States after such transportation, and that (A) is or has

been processed, 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 United

States district court or other proper court as provided in section

467c of this title within the jurisdiction of which the article or

poultry is found.

(2) If the article or poultry is condemned it shall, after entry

of the decree, (A) be distributed in accordance with paragraph (5),

or (B) 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 United States, but the article or poultry shall not

be sold contrary to the provisions of this chapter, or the laws of

the jurisdiction in which it is sold: Provided, That upon the

execution and delivery of a good and sufficient bond conditioned

that the article or poultry shall not be sold or otherwise disposed

of contrary to the provisions of this chapter, or the laws of the

jurisdiction in which disposal is made, the court may direct that

such article or poultry be delivered to the owner thereof subject

to such supervision by authorized representatives of the Secretary

as is necessary to insure compliance with the applicable laws.

(3) When a decree of condemnation is entered against the article

or poultry and it is released under bond, or destroyed, court costs

and fees, and storage and other proper expenses shall be awarded

against the person, if any, intervening as claimant of the article

or poultry.

(4) The proceedings in such libel cases shall conform, as nearly

as may be, to the proceedings in admiralty, except that either

party may demand trial by jury of any issue of fact joined in any

case, and all such proceedings shall be at the suit of and in the

name of the United States.

(5)(A) An article that is condemned under paragraph (1) may as

the court may direct, after entry of the decree, be distributed

without charge to nonprofit, private entities or to Federal, State,

or local government entities engaged in the distribution of food

without charge to individuals, if such article -

(i) is capable of use as a human food;

(ii) has been inspected under this chapter and found to be

wholesome and not to be adulterated within the meaning of

paragraphs (1) through (7) of section 453(g) of this title and a

determination is made at the time of the entry of the decree that

such article is wholesome and not so adulterated; and

(iii) is plainly marked ''Not for Sale'' on such article or its

container.

(B) The United States may not be held legally responsible for any

article that is distributed under subparagraph (A) to a nonprofit,

private entity or to a Federal, State, or local government entity,

if such article -

(i) was found after inspection under this chapter to be

wholesome and not adulterated within the meaning of paragraphs

(1) through (7) of section 453(g) of this title and a

determination was made at the time of the entry of the decree

that such article was wholesome and not so adulterated; and

(ii) was plainly marked ''Not for Sale'' on such article or its

container.

(C) The person from whom such article was seized and condemned

may not be held legally responsible for such article, if such

article -

(i) was found after inspection under this chapter to be

wholesome and not adulterated within the meaning of paragraphs

(1) through (7) of section 453(g) of this title and a

determination was made at the time of entry of the decree that

such article was wholesome and not so adulterated; and

(ii) was plainly marked ''Not for Sale'' on such article or its

container.

(b) Condemnation or seizure under other provisions unaffected

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.

-SOURCE-

(Pub. L. 85-172, Sec. 20, as added Pub. L. 90-492, Sec. 17, Aug.

18, 1968, 82 Stat. 806; amended Pub. L. 101-205, Sec. 2, Dec. 7,

1989, 103 Stat. 1830.)

-MISC1-

AMENDMENTS

1989 - Subsec. (a). Pub. L. 101-205 designated first sentence as

par. (1) and redesignated cls. (1) to (3) as cls. (A) to (C),

respectively, designated second sentence as par. (2) and inserted

''(A) be distributed in accordance with paragraph (5), or (B)''

after ''entry of the decree,'', designated third and fourth

sentences as pars. (3) and (4), respectively, and added par. (5).

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 454, 467a of this title.

-CITE-

21 USC Sec. 467c 01/06/03

-EXPCITE-

TITLE 21 - FOOD AND DRUGS

CHAPTER 10 - POULTRY AND POULTRY PRODUCTS INSPECTION

-HEAD-

Sec. 467c. Federal court jurisdiction of enforcement and injunction

proceedings and other kinds of cases; limitations; United

States as plaintiff; subpenas

-STATUTE-

The United States district courts, the District Court of Guam,

the District Court of the Virgin Islands, the highest court of

American Samoa, and the United States courts of the other

territories, are 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, except as provided in section 457(d) or 467 of this

title. All proceedings for the enforcement or to restrain

violations of this chapter shall be by and in the name of the

United States. Subpenas for witnesses who are required to attend a

court of the United States, in any district, may run into any other

district in any such proceeding.

-SOURCE-

(Pub. L. 85-172, Sec. 21, as added Pub. L. 90-492, Sec. 17, Aug.

18, 1968, 82 Stat. 806.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 454, 467b, 467d of this

title.

-CITE-

21 USC Sec. 467d 01/06/03

-EXPCITE-

TITLE 21 - FOOD AND DRUGS

CHAPTER 10 - POULTRY AND POULTRY PRODUCTS INSPECTION

-HEAD-

Sec. 467d. Administration and enforcement; applicability of penalty

provisions; conduct of inquiries; power and jurisdiction of

courts

-STATUTE-

For the efficient administration and enforcement of this chapter,

the provision (including penalties) of sections 46, 48, 49 and 50

of title 15 (except paragraphs (c) through (h) of section 46 and

the last paragraph of section 49 (FOOTNOTE 1) of title 15), and the

provisions of section 409(l) (FOOTNOTE 1) of title 47, are made

applicable to the jurisdiction, powers, and duties of the Secretary

in administering and enforcing the provisions of this chapter and

to any person with respect to whom such authority is exercised.

The Secretary, in person or by such agents as he may designate, may

prosecute any inquiry necessary to his duties under this chapter in

any part of the United States, and the powers conferred by said

sections 49 and 50 of title 15 on the district courts of the United

States may be exercised for the purposes of this chapter by any

court designated in section 467c of this title.

(FOOTNOTE 1) See References in Text note below.

-SOURCE-

(Pub. L. 85-172, Sec. 22, as added Pub. L. 90-492, Sec. 17, Aug.

18, 1968, 82 Stat. 807.)

-REFTEXT-

REFERENCES IN TEXT

The last paragraph of section 49 of title 15, and the provisions

of section 409(l) of title 47, referred to in text, which related

to immunity of witnesses, were repealed by sections 211 and 242,

respectively, of Pub. L. 91-452, Oct. 15, 1970, title II, 84 Stat.

929, 930. For provisions relating to immunity of witnesses, see

section 6001 et seq. of Title 18, Crimes and Criminal Procedure.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 454 of this title.

-CITE-

21 USC Sec. 467e 01/06/03

-EXPCITE-

TITLE 21 - FOOD AND DRUGS

CHAPTER 10 - POULTRY AND POULTRY PRODUCTS INSPECTION

-HEAD-

Sec. 467e. Non-Federal jurisdiction of federally regulated matters;

prohibition of additional or different requirements for

establishments with inspection services and as to marking,

labeling, packaging, and ingredients; recordkeeping and related

requirements; concurrent jurisdiction over distribution for

human food purposes of adulterated or misbranded and imported

articles; other matters

-STATUTE-

Requirements within the scope of this chapter with respect to

premises, facilities and operations of any official establishment

which are in addition to, or different than those made under this

chapter may not be imposed by any State or Territory or the

District of Columbia, except that any such jurisdiction may impose

recordkeeping and other requirements within the scope of paragraph

(b) of section 460 of this title, if consistent therewith, with

respect to any such establishment. Marking, labeling, packaging,

or ingredient requirements (or storage or handling requirements

found by the Secretary to unduly interfere with the free flow of

poultry products in commerce) in addition to, or different than,

those made under this chapter may not be imposed by any State or

Territory or the District of Columbia with respect to articles

prepared at any official establishment in accordance with the

requirements under this chapter, but any State or Territory or the

District of Columbia may, consistent with the requirements under

this chapter exercise concurrent jurisdiction with the Secretary

over articles required to be inspected under this chapter for the

purpose of preventing the distribution for human food purposes of

any such articles which are adulterated or misbranded and are

outside of such an establishment, or, in the case of imported

articles which are not at such an establishment, after their entry

into the United States. This chapter shall not preclude any State

or Territory or the District of Columbia from making requirement or

taking other action, consistent with this chapter, with respect to

any other matters regulated under this chapter.

-SOURCE-

(Pub. L. 85-172, Sec. 23, as added Pub. L. 90-492, Sec. 17, Aug.

18, 1968, 82 Stat. 807.)

-CITE-

21 USC Sec. 467f 01/06/03

-EXPCITE-

TITLE 21 - FOOD AND DRUGS

CHAPTER 10 - POULTRY AND POULTRY PRODUCTS INSPECTION

-HEAD-

Sec. 467f. Federal Food, Drug, and Cosmetic Act applications

-STATUTE-

(a) Exemptions; authorities under food, drug, and cosmetic

provisions unaffected

Poultry and poultry products shall be exempt from the provisions

of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 301 et seq.)

to the extent of the application or extension thereto of the

provisions of this chapter, except that the provisions of this

chapter shall not derogate from any authority conferred by the

Federal Food, Drug, and Cosmetic Act prior to August 18, 1968.

(b) Enforcement proceedings; detainer authority of representatives

of Secretary of Health and Human Services

The detainer authority conferred by section 467a of this title

shall apply to any authorized representative of the Secretary of

Health and Human Services for purposes of the enforcement of the

Federal Food, Drug, and Cosmetic Act (21 U.S.C. 301 et seq.) with

respect to any poultry carcass, or part or product thereof, that is

outside any official establishment, and for such purposes the first

reference to the Secretary in section 467a of this title shall be

deemed to refer to the Secretary of Health and Human Services.

-SOURCE-

(Pub. L. 85-172, Sec. 24, as added Pub. L. 90-492, Sec. 17, Aug.

18, 1968, 82 Stat. 807; amended Pub. L. 96-88, title V, Sec.

509(b), Oct. 17, 1979, 93 Stat. 695.)

-REFTEXT-

REFERENCES IN TEXT

The Federal Food, Drug, and Cosmetic Act, referred to in text, is

act June 25, 1938, ch. 675, 52 Stat. 1040, as amended, which is

classified generally to chapter 9 (Sec. 301 et seq.) of this

title. For complete classification of this Act to the Code, see

section 301 of this title and Tables.

-CHANGE-

CHANGE OF NAME

''Secretary of Health and Human Services'' substituted for

''Secretary of Health, Education, and Welfare'' in par. (b)

pursuant to section 509(b) of Pub. L. 96-88, which is classified to

section 3508(b) of Title 20, Education.

-CITE-

21 USC Sec. 468 01/06/03

-EXPCITE-

TITLE 21 - FOOD AND DRUGS

CHAPTER 10 - POULTRY AND POULTRY PRODUCTS INSPECTION

-HEAD-

Sec. 468. Cost of inspection; overtime

-STATUTE-

The cost of inspection rendered under the requirements of this

chapter, shall be borne by the United States, except the cost of

overtime and holiday pay paid pursuant to the (FOOTNOTE 1) section

2219a of title 7.

(FOOTNOTE 1) So in original. The word ''the'' probably should

not appear.

-SOURCE-

(Pub. L. 85-172, Sec. 25, formerly Sec. 19, Aug. 28, 1957, 71 Stat.

448, renumbered Pub. L. 90-492, Sec. 17, Aug. 18, 1968, 82 Stat.

805; Pub. L. 107-171, title X, Sec. 10703(c)(1), May 13, 2002, 116

Stat. 517.)

-REFTEXT-

REFERENCES IN TEXT

Section 2219a of title 7, referred to in text, was in the

original ''section 10703 of the Farm Security and Rural Investment

Act of 2002'', meaning section 10703 of Pub. L. 107-171, which

enacted section 2219a of Title 7, Agriculture, amended this

section, section 695 of this title, and section 5549 of Title 5,

Government Organization and Employees, and repealed section 394 of

Title 7.

-MISC2-

AMENDMENTS

2002 - Pub. L. 107-171 substituted ''except the cost of overtime

and holiday pay paid pursuant to the section 2219a of title 7.''

for ''except that the cost of overtime and holiday work performed

in establishments subject to the provisions of this chapter at such

rates as the Secretary may determine shall be borne by such

establishments. Sums received by the Secretary in reimbursement

for sums paid out by him for such premium pay work shall be

available without fiscal year limitation to carry out the purposes

of this section.''

-CITE-

21 USC Sec. 469 01/06/03

-EXPCITE-

TITLE 21 - FOOD AND DRUGS

CHAPTER 10 - POULTRY AND POULTRY PRODUCTS INSPECTION

-HEAD-

Sec. 469. Authorization of appropriations

-STATUTE-

There is authorized to be appropriated such sums as are necessary

to carry out the provisions of this chapter.

-SOURCE-

(Pub. L. 85-172, Sec. 26, formerly Sec. 20, Aug. 28, 1957, 71 Stat.

449, renumbered Pub. L. 90-492, Sec. 17, Aug. 18, 1968, 82 Stat.

805.)

-CITE-

21 USC Sec. 470 01/06/03

-EXPCITE-

TITLE 21 - FOOD AND DRUGS

CHAPTER 10 - POULTRY AND POULTRY PRODUCTS INSPECTION

-HEAD-

Sec. 470. Omitted

-COD-

CODIFICATION

Section, Pub. L. 85-172, Sec. 27, as added Pub. L. 90-492, Sec.

17, Aug. 18, 1968, 82 Stat. 807; amended Pub. L. 103-437, Sec.

8(1), Nov. 2, 1994, 108 Stat. 4588, which required the Secretary of

Agriculture to report annually to the Committee on Agriculture of

the House of Representatives and the Committee on Agriculture,

Nutrition, and Forestry of the Senate on the slaughter of poultry

and the processing and distribution of poultry parts and products,

terminated, effective May 15, 2000, pursuant to section 3003 of

Pub. L. 104-66, as amended, set out as a note under section 1113 of

Title 31, Money and Finance. See, also, page 46 of House Document

No. 103-7.

-CITE-

21 USC Sec. 471 01/06/03

-EXPCITE-

TITLE 21 - FOOD AND DRUGS

CHAPTER 10 - POULTRY AND POULTRY PRODUCTS INSPECTION

-HEAD-

Sec. 471. Safe Meat and Poultry Inspection Panel

-STATUTE-

(a) Review and evaluation

The advisory panel known as the ''Safe Meat and Poultry

Inspection Panel'' established by section 679a of this title shall

review and evaluate, as the panel considers necessary, the

adequacy, necessity, safety, cost-effectiveness, and scientific

merit of -

(1) inspection procedures of, and work rules and worker

relations involving Federal employees employed in, plants

inspected under this chapter;

(2) informal petitions or proposals for changes in inspection

procedures, processes, and techniques of plants inspected under

this chapter;

(3) formal changes in poultry inspection regulations

promulgated under this chapter, whether in notice, proposed, or

final form; and

(4) such other matters as may be referred to the panel by the

Secretary regarding the quality or effectiveness of a safe and

cost-effective poultry inspection system under this chapter.

(b) Reports

(1) In general

The Safe Meat and Poultry Inspection Panel shall submit to the

Secretary a report on the results of each review and evaluation

carried out under paragraph (1), including such recommendations

as the panel considers appropriate.

(2) Reports on formal changes

In the case of a report concerning a formal change in poultry

inspection regulations, the report shall be made within the time

limits prescribed for formal comments on such changes.

-SOURCE-

(Pub. L. 85-172, Sec. 30, as added Pub. L. 104-127, title IX, Sec.

918(a)(2), Apr. 4, 1996, 110 Stat. 1190.)

-CITE-