Poultry Products Inspection Act
Title 21 - Food and
Drugs
Chapter 10 - Poultry and
Poultry Products Inspection
§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.
Sec. 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.
Sec. 453. Definitions
For purposes of this chapter -
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(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.
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(b) Except as otherwise provided in this chapter, the term "State"
means any State of the United States and the Commonwealth of Puerto
Rico.
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(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.
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(d) The term "United States" means the States, the District of Columbia, and the territories of the United States.
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(e) The term "poultry" means any domesticated bird, whether live or
dead.
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(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.
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(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;
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(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;
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(C) if it bears or contains any food additive which is unsafe within
the meaning of section 348 of this title;
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(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 common or usual name of the food, if any there be, 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.
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(i) The term ''Secretary'' means the Secretary of Agriculture or his
delegate.
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(j) The term ''person'' means any individual, partnership,
corporation, association, or other business unit.
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(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.
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(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.
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(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.
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(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.
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(o) The term "official device" means any device prescribed or
authorized by the Secretary for use in applying any official mark.
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(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.
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(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.
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(r) The term "container" or "package" includes any box, can, tin,
cloth, plastic, or other receptacle, wrapper, or cover.
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(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.
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(t) The term "shipping container" means any container used or intended
for use in packaging the product packed in an immediate container.
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(u) The term "immediate container" includes any consumer package; or
any other container in which poultry products, not consumer packaged,
are packed.
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(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.
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(w) The term "processed" means slaughtered, canned, salted, stuffed,
rendered, boned, cut up, or otherwise manufactured or processed.
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(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.
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(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.].
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(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.
Sec. 454. Federal and State cooperation in development
and administration of State poultry product inspection programs
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(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.
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(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.
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(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 of this title.
- (d) ''State'' defined
As used in this section, the term "State" means any State (including
the Commonwealth of Puerto Rico) or organized territory.
Sec. 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.
Sec. 456. Operation of premises, facilities and
equipment
- (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.
Sec. 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 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.
Sec. 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.
Sec. 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.
Sec. 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.
Sec. 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.
- (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.
Sec. 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.
Sec. 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.
Sec. 464. Exemptions
- (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.
Sec. 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.
Sec. 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,
un-wholesome, 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.
Sec. 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.
Sec. 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.
Sec. 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.
Sec. 467c. Federal court jurisdiction of enforcement
and injunction proceedings and other kinds of cases; limitations; United
States as plaintiff; subpoenas
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. Subpoenas 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.
Sec. 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 [1] of title 15), and the provisions of section
409 (l) [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.
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
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.
Sec. 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.
Sec. 468. Cost of inspection; overtime
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 [1] section 2219a of title 7.
[1] So in original. The word "the" probably should not appear.
Sec. 469. Authorization of appropriations
There is authorized to be appropriated such sums as are necessary to
carry out the provisions of this chapter.
Sec. 470. Omitted
Sec. 471. Safe Meat and Poultry Inspection Panel
- (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) 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.
As of: Aug 6, 2004
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