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).
![horizonal rule](https://webarchive.library.unt.edu/web/20080917214635im_/http://www.fda.gov/graphics/blkpixel.gif)