---
kind: "range"
citation: "21 U.S.C. §§ 455–459"
title: "21"
from: "455"
to: "459"
count: 5
release: "119-102"
url: "https://uscodex.org/usc/21/455..459"
---

# §455. Inspection in official establishments

- (a) **Ante mortem inspection—** For the purpose of preventing the entry into or flow or movement in [commerce](/usc/21/453.md?p=a) of, or the burdening of [commerce](/usc/21/453.md?p=a) by, any [poultry product](/usc/21/453.md?p=f) which is [capable of use as human food](/usc/21/453.md?p=v) and is [adulterated](/usc/21/453.md?p=g), the [Secretary](/usc/21/453.md?p=i) shall, where and to the extent considered by him necessary, cause to be made by [inspectors](/usc/21/453.md?p=k) ante mortem inspection of [poultry](/usc/21/453.md?p=e) in each [official establishment](/usc/21/453.md?p=p) processing [poultry](/usc/21/453.md?p=e) or [poultry products](/usc/21/453.md?p=f) for [commerce](/usc/21/453.md?p=a) or otherwise subject to inspection under this chapter.
- (b) **Post mortem inspection; quarantine, segregation, and reinspection—** The [Secretary](/usc/21/453.md?p=i), whenever processing operations are being conducted, shall cause to be made by [inspectors](/usc/21/453.md?p=k) post mortem inspection of the carcass of each bird [processed](/usc/21/453.md?p=w), and at any time such quarantine, segregation, and reinspection as he deems necessary of [poultry](/usc/21/453.md?p=e) and [poultry products](/usc/21/453.md?p=f) [capable of use as human food](/usc/21/453.md?p=v) in each [official establishment](/usc/21/453.md?p=p) processing such [poultry](/usc/21/453.md?p=e) or [poultry products](/usc/21/453.md?p=f) for [commerce](/usc/21/453.md?p=a) or otherwise subject to inspection under this chapter.
- (c) **Condemnation; appeal; reprocessing—** All [poultry](/usc/21/453.md?p=e) carcasses and parts thereof and other [poultry products](/usc/21/453.md?p=f) found to be [adulterated](/usc/21/453.md?p=g) shall be condemned and shall, if no appeal be taken from such determination of condemnation, be destroyed for human [food](/usc/21/346a.md?p=a-1) purposes under the supervision of an [inspector](/usc/21/453.md?p=k): Provided, That carcasses, parts, and products, which may by reprocessing be made not [adulterated](/usc/21/453.md?p=g), need not be so condemned and destroyed if so reprocessed under the supervision of an [inspector](/usc/21/453.md?p=k) and thereafter found to be not [adulterated](/usc/21/453.md?p=g). 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](/usc/21/453.md?p=i) determines that the appeal is frivolous. If the determination of condemnation is sustained the carcasses, parts, and products shall be destroyed for human [food](/usc/21/346a.md?p=a-1) purposes under the supervision of an [inspector](/usc/21/453.md?p=k).

# §456. Operation of premises, facilities and equipment

- (a) **Sanitary practices—** Each [official establishment](/usc/21/453.md?p=p) slaughtering [poultry](/usc/21/453.md?p=e) or processing [poultry products](/usc/21/453.md?p=f) for [commerce](/usc/21/453.md?p=a) or otherwise subject to inspection under this chapter shall have such premises, [facilities](/usc/21/350g.md?p=o-2), and equipment, and be operated in accordance with such sanitary practices, as are required by regulations promulgated by the [Secretary](/usc/21/453.md?p=i) for the purpose of preventing the entry into or flow or movement in [commerce](/usc/21/453.md?p=a) or burdensome effect upon [commerce](/usc/21/453.md?p=a), of [poultry products](/usc/21/453.md?p=f) which are [adulterated](/usc/21/453.md?p=g).
- (b) **Refusal of inspection—** The [Secretary](/usc/21/453.md?p=i) shall refuse to render inspection to any establishment whose premises, [facilities](/usc/21/350g.md?p=o-2), 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](/usc/21/453.md?p=f) inspected at any [official establishment](/usc/21/453.md?p=p) under the authority of this chapter and found to be not [adulterated](/usc/21/453.md?p=g), shall at the time they leave the establishment bear, in distinctly legible form, on their [shipping containers](/usc/21/453.md?p=t) and [immediate containers](/usc/21/453.md?p=u) as the [Secretary](/usc/21/453.md?p=i) may require, the information required under paragraph (h) of [section 453 of this title](/usc/21/453.md). In addition, the [Secretary](/usc/21/453.md?p=i) 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](/usc/21/453.md?p=i), 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](/usc/21/453.md?p=s) to avoid false or misleading [labeling](/usc/21/453.md?p=s) in marking and [labeling](/usc/21/453.md?p=s) any articles or [poultry](/usc/21/453.md?p=e) subject to this chapter; (2) definitions and standards of identity or composition or articles subject to this chapter and standards of fill of [container](/usc/21/453.md?p=r) for such articles not inconsistent with any such standards established under the [Federal Food, Drug, and Cosmetic Act](/usc/21/453.md?p=x) [[21 U.S.C. 301](/usc/21/301.md) et seq.], and there shall be consultation between the [Secretary](/usc/21/453.md?p=i) and the [Secretary](/usc/21/453.md?p=i) 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](/usc/21/453.md?p=x). There shall also be consultation between the [Secretary](/usc/21/453.md?p=i) and an appropriate advisory committee provided for in [section 454 of this title](/usc/21/454.md), prior to the issuance of such standards under this chapter, to avoid, insofar as feasible, inconsistency between Federal and [State](/usc/21/453.md?p=b) 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](/usc/21/453.md?p=j) in [commerce](/usc/21/453.md?p=a), under any name or other marking or [labeling](/usc/21/453.md?p=s) which is false or misleading, or in any [container](/usc/21/453.md?p=r) of a misleading form or size, but established trade names and other marking and [labeling](/usc/21/453.md?p=s) and [containers](/usc/21/453.md?p=r) which are not false or misleading and which are approved by the [Secretary](/usc/21/453.md?p=i) 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](/usc/21/453.md?p=i) has reason to believe that any marking or [labeling](/usc/21/453.md?p=s) or the size or form of any [container](/usc/21/453.md?p=r) 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](/usc/21/453.md?p=s), or [container](/usc/21/453.md?p=r) is modified in such manner as he may prescribe so that it will not be false or misleading. If the [person](/usc/21/453.md?p=j) using or proposing to use the marking, [labeling](/usc/21/453.md?p=s), or [container](/usc/21/453.md?p=r) does not accept the determination of the [Secretary](/usc/21/453.md?p=i), such [person](/usc/21/453.md?p=j) may request a hearing, but the use of the marking, [labeling](/usc/21/453.md?p=s), or [container](/usc/21/453.md?p=r) shall, if the [Secretary](/usc/21/453.md?p=i) so directs, be withheld pending hearing and final determination by the [Secretary](/usc/21/453.md?p=i). Any such determination by the [Secretary](/usc/21/453.md?p=i) shall be conclusive unless, within thirty days after receipt of notice of such final determination, the [person](/usc/21/453.md?p=j) adversely affected thereby appeals to the [United States](/usc/21/453.md?p=d) Court of Appeals for the circuit in which such [person](/usc/21/453.md?p=j) has its principal place of business or to the [United States](/usc/21/453.md?p=d) Court of Appeals for the District of Columbia Circuit. The provisions of [section 194 of title 7](/usc/7/194.md) shall be applicable to appeals taken under this section.

# §458. Prohibited acts

- (a) No [person](/usc/21/453.md?p=j) shall—
  - (1) slaughter any [poultry](/usc/21/453.md?p=e) or process any [poultry products](/usc/21/453.md?p=f) which are [capable of use as human food](/usc/21/453.md?p=v) at any establishment processing any such articles for [commerce](/usc/21/453.md?p=a), except in compliance with the requirements of this chapter;
  - (2) sell, transport, offer for sale or transportation, or receive for transportation, in [commerce](/usc/21/453.md?p=a), (A) any [poultry products](/usc/21/453.md?p=f) which are [capable of use as human food](/usc/21/453.md?p=v) and are [adulterated](/usc/21/453.md?p=g) or [misbranded](/usc/21/453.md?p=h) at the time of such sale, transportation, offer for sale or transportation, or receipt for transportation; or (B) any [poultry products](/usc/21/453.md?p=f) required to be inspected under this chapter unless they have been so inspected and passed;
  - (3) do, with respect to any [poultry products](/usc/21/453.md?p=f) which are [capable of use as human food](/usc/21/453.md?p=v), any act while they are being transported in [commerce](/usc/21/453.md?p=a) or held for sale after such transportation, which is intended to cause or has the effect of causing such products to be [adulterated](/usc/21/453.md?p=g) or [misbranded](/usc/21/453.md?p=h);
  - (4) sell, transport, offer for sale or transportation, or receive for transportation, in [commerce](/usc/21/453.md?p=a) or from an [official establishment](/usc/21/453.md?p=p), any slaughtered [poultry](/usc/21/453.md?p=e) from which the blood, feathers, feet, head, or viscera have not been removed in accordance with regulations promulgated by the [Secretary](/usc/21/453.md?p=i), except as may be [authorized](/usc/21/360eee–1.md?p=a-6) by regulations of the [Secretary](/usc/21/453.md?p=i);
  - (5) use to his own advantage, or reveal other than to the [authorized](/usc/21/360eee–1.md?p=a-6) representatives of the [United States](/usc/21/453.md?p=d) Government or any [State](/usc/21/453.md?p=b) 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](/usc/21/453.md?p=j) shall cast, print, lithograph, or otherwise make any [device](/usc/21/355–2.md?p=a-3) containing any [official mark](/usc/21/453.md?p=l) or simulation thereof, or any [label](/usc/21/453.md?p=s) bearing any such mark or simulation, or any form of [official certificate](/usc/21/453.md?p=n) or simulation thereof, except as [authorized](/usc/21/360eee–1.md?p=a-6) by the [Secretary](/usc/21/453.md?p=i).
- (c) No [person](/usc/21/453.md?p=j) shall—
  - (1) forge any [official device](/usc/21/453.md?p=o), mark, or certificate;
  - (2) without authorization from the [Secretary](/usc/21/453.md?p=i) use any [official device](/usc/21/453.md?p=o), mark, or certificate, or simulation thereof, or alter, detach, deface, or destroy any [official device](/usc/21/453.md?p=o), mark, or certificate;
  - (3) contrary to the regulations prescribed by the [Secretary](/usc/21/453.md?p=i), fail to use, or to detach, deface, or destroy any [official device](/usc/21/453.md?p=o), mark, or certificate;
  - (4) knowingly possess, without promptly notifying the [Secretary](/usc/21/453.md?p=i) or his representative, any [official device](/usc/21/453.md?p=o) or any counterfeit, simulated, forged, or improperly altered [official certificate](/usc/21/453.md?p=n) or any [device](/usc/21/355–2.md?p=a-3) or [label](/usc/21/453.md?p=s) or any carcass of any [poultry](/usc/21/453.md?p=e), or part or product thereof, bearing any counterfeit, simulated, forged, or improperly altered [official mark](/usc/21/453.md?p=l);
  - (5) knowingly make any false statement in any shipper’s certificate or other nonofficial or [official certificate](/usc/21/453.md?p=n) provided for in the regulations prescribed by the [Secretary](/usc/21/453.md?p=i); 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

- (a) **In general—** No establishment processing [poultry](/usc/21/453.md?p=e) or [poultry products](/usc/21/453.md?p=f) for [commerce](/usc/21/453.md?p=a) otherwise subject to this chapter shall process any [poultry](/usc/21/453.md?p=e) or [poultry product](/usc/21/453.md?p=f) except in compliance with the requirements of this chapter.
- (b) **Notification—** Any establishment subject to inspection under this chapter that believes, or has reason to believe, that an [adulterated](/usc/21/453.md?p=g) or [misbranded](/usc/21/453.md?p=h) [poultry](/usc/21/453.md?p=e) or [poultry product](/usc/21/453.md?p=f) received by or originating from the establishment has entered into [commerce](/usc/21/453.md?p=a) shall promptly notify the [Secretary](/usc/21/453.md?p=i) with regard to the type, amount, origin, and destination of the [poultry](/usc/21/453.md?p=e) or [poultry product](/usc/21/453.md?p=f).
- (c) **Plans and reassessments—** The [Secretary](/usc/21/453.md?p=i) shall require that each establishment subject to inspection under this chapter shall, at a minimum—
  - (1) prepare and maintain current procedures for the recall of all [poultry](/usc/21/453.md?p=e) or [poultry products](/usc/21/453.md?p=f) produced and shipped by the establishment;
  - (2) document each reassessment of the process control plans of the establishment; and
  - (3) upon request, make the procedures and reassessed process control plans available to [inspectors](/usc/21/453.md?p=k) appointed by the [Secretary](/usc/21/453.md?p=i) for review and copying.