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POULTRY PRODUCTS INSPECTION ACT
TITLE 21 - FOOD AND DRUGS
CHAPTER 10 - POULTRY AND POULTRY PRODUCTS INSPECTION
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'.''
§ 451. Congressional statement of findings.
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.
§ 452. Congressional declaration of policy.
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.
§ 453. Definitions.
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
to 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 foods, 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.
§ 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
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 establishment 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 of this title.
As used in this section, the term ''State'' means any State
(including the Commonwealth of Puerto Rico) or organized
territory.
§ 455. Inspection in official establishments.
- (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.
§ 456. Operation of premises, facilities and equipment.
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.
§ 457. Labeling and container standards.
- (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.
§ 458. Prohibited acts.
- (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.
§ 459. Compliance by all establishments.
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.
§ 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
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.
§ 461. Offenses and punishment.
- (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.
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.
§ 462. Reporting of violations; notice; opportunity to
present views.
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.
§ 463. Rules and regulations.
- (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.
§ 464. Exemptions.
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.
§ 465. Limitations upon entry of poultry products and other
materials into official establishments.
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.
§ 466. Imports.
- (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.
§ 467. Inspection services.
- (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.
§ 467a. Administrative detention; duration; pending
judicial proceedings; notification of government authorities;
release; removal of official marks.
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.
§ 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
- (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.
§ 467c. Federal court jurisdiction of enforcement and
injunction proceedings and other kinds of cases; limitations;
United States as plaintiff; subpenas.
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.
§ 467d. Administration and enforcement; applicability of
penalty provisions; conduct of inquiries; power and jurisdiction
of courts.
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 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.
§ 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.
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.
§ 467f. Federal Food, Drug, and Cosmetic Act applications.
- (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, Education,
and Welfare.
§ 468. Cost of inspection; overtime.
The cost of inspection rendered under the requirements of this
chapter, shall be borne by the United States, 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.
§ 469. Authorization of appropriations.
There is authorized to be appropriated such sums as are
necessary to carry out the provisions of this chapter.
§ 470. Reports to Congress.
The Secretary shall annually report to the Committee on
Agriculture of the House of Representatives and the Committee on
Agriculture, Nutrition, and Forestry of the Senate with respect to
the slaughter of poultry subject to this chapter, and the
preparation, storage, handling, and distribution of poultry parts,
poultry products, and inspection of establishments operated in
connection therewith, including the operations under and the
effectiveness of this chapter.
§ 471. Separability of Provisions.
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.''
§ 472. 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.''
MISCELLANEOUS PROVISIONS OF ACT
OF AUGUST 18, 1968
If any provisions of this Act or of the amendments made hereby
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.
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).
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