---
kind: "range"
citation: "21 U.S.C. §§ 461–467d"
title: "21"
from: "461"
to: "467d"
count: 11
release: "119-102"
url: "https://uscodex.org/usc/21/461..467d"
---

# §461. Offenses and punishment

- (a) **Violations; liability of agents, employees, and employers—** Any [person](/usc/21/453.md?p=j) who violates the provisions of section [458](/usc/21/458.md), [459](/usc/21/459.md), [460](/usc/21/460.md), [463](/usc/21/463.md), or [466](/usc/21/466.md) 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](/usc/21/360eee.md?p=5) or attempted [distribution](/usc/21/360eee.md?p=5) of an article that is [adulterated](/usc/21/453.md?p=g) (except as defined in [section 453(g)(8) of this title](/usc/21/453.md?p=g-8)), such [person](/usc/21/453.md?p=j) 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](/usc/21/453.md?p=j) acting for or employed by any individual, partnership, corporation, or association within the scope of his employment or [office](/usc/21/1701.md?p=14) shall in every case be deemed the act, omission, or failure of such individual, partnership, corporation, or association, as well as of such [person](/usc/21/453.md?p=j).
- (b) **Liability of carrier—** No carrier shall be subject to the penalties of this chapter, other than the penalties for violation of [section 460 of this title](/usc/21/460.md), by reason of his receipt, carriage, holding, or delivery, in the usual course of business, as a carrier, of [poultry](/usc/21/453.md?p=e) or [poultry products](/usc/21/453.md?p=f), owned by another [person](/usc/21/453.md?p=j) unless the carrier has knowledge, or is in possession of facts which would cause a reasonable [person](/usc/21/453.md?p=j) to believe that such [poultry](/usc/21/453.md?p=e) or [poultry products](/usc/21/453.md?p=f) 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](/usc/21/453.md?p=i) the name and address of the [person](/usc/21/453.md?p=j) from whom he received such [poultry](/usc/21/453.md?p=e) or [poultry products](/usc/21/453.md?p=f), and copies of all documents, if any there be, pertaining to the delivery of the [poultry](/usc/21/453.md?p=e) or [poultry products](/usc/21/453.md?p=f) to such carrier.
- (c) **Assaulting, resisting, or impeding certain persons; murder; punishments—** Any [person](/usc/21/453.md?p=j) who forcibly assaults, resists, opposes, impedes, intimidates, or interferes with any [person](/usc/21/453.md?p=j) 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](/usc/21/453.md?p=j) while engaged in or on account of the performance of his official duties under this chapter shall be punished as provided under sections [1111](/usc/18/1111.md) and [1114](/usc/18/1114.md) of title 18.

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


Before any violation of this chapter is reported by the [Secretary](/usc/21/453.md?p=i) to any [United States](/usc/21/453.md?p=d) attorney for institution of a criminal proceeding, the [person](/usc/21/453.md?p=j) 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](/usc/21/453.md?p=i) 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](/usc/21/453.md?p=i) may by regulations prescribe conditions under which [poultry products](/usc/21/453.md?p=f) [capable of use as human food](/usc/21/453.md?p=v), shall be stored or otherwise handled by any [person](/usc/21/453.md?p=j) engaged in the business of buying, selling, freezing, storing, or transporting, in or for [commerce](/usc/21/453.md?p=a), or importing, such articles, whenever the [Secretary](/usc/21/453.md?p=i) deems such action necessary to assure that such articles will not be [adulterated](/usc/21/453.md?p=g) or [misbranded](/usc/21/453.md?p=h) when delivered to the consumer. Violation of any such regulation is prohibited.
- (b) **Other necessary rules and regulations—** The [Secretary](/usc/21/453.md?p=i) 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](/usc/5/553.md?p=c) to proposed rule making under this chapter, an opportunity for the oral presentation of views shall be accorded all interested [persons](/usc/21/453.md?p=j).

# §464. Exemptions

- (a) **Persons exempted—** The [Secretary](/usc/21/453.md?p=i) 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](/usc/21/453.md?p=f) 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](/usc/21/453.md?p=f) on the premises where such sales to consumers are made;
  - (2) for such period of time as the [Secretary](/usc/21/453.md?p=i) determines that it would be impracticable to provide inspection and the exemption will aid in the effective administration of this chapter, any [person](/usc/21/453.md?p=j) engaged in the processing of [poultry](/usc/21/453.md?p=e) or [poultry products](/usc/21/453.md?p=f) for [commerce](/usc/21/453.md?p=a) and the [poultry](/usc/21/453.md?p=e) or [poultry products](/usc/21/453.md?p=f) [processed](/usc/21/453.md?p=w) by such [person](/usc/21/453.md?p=j): Provided, however, That no such exemption shall continue in effect on and after January 1, 1970; and
  - (3) [persons](/usc/21/453.md?p=j) slaughtering, processing, or otherwise handling [poultry](/usc/21/453.md?p=e) or [poultry products](/usc/21/453.md?p=f) which have been or are to be [processed](/usc/21/453.md?p=w) as required by recognized religious dietary laws, to the extent that the [Secretary](/usc/21/453.md?p=i) determines necessary to avoid conflict with such requirements while still effectuating the purposes of this chapter.
- (b) **Territorial exemption—** The [Secretary](/usc/21/453.md?p=i) may, under such sanitary conditions as he may by regulations prescribe, exempt from the inspection requirements of this chapter the slaughter of [poultry](/usc/21/453.md?p=e), and the processing of [poultry products](/usc/21/453.md?p=f), by any [person](/usc/21/453.md?p=j) in any [Territory](/usc/21/453.md?p=c) not organized with a legislative body, solely for [distribution](/usc/21/360eee.md?p=5) within such [Territory](/usc/21/453.md?p=c), when the [Secretary](/usc/21/453.md?p=i) 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](/usc/21/453.md?p=i) 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](/usc/21/453.md?p=j) of [poultry](/usc/21/453.md?p=e) of his own raising, and the processing by him and transportation in [commerce](/usc/21/453.md?p=a) of the [poultry products](/usc/21/453.md?p=f) exclusively for use by him and members of his household and his nonpaying guests and employees;
    - (B) the custom slaughter by any [person](/usc/21/453.md?p=j) of [poultry](/usc/21/453.md?p=e) delivered by the owner thereof for such slaughter, and the processing by such slaughterer and transportation in [commerce](/usc/21/453.md?p=a) of the [poultry products](/usc/21/453.md?p=f) 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](/usc/21/453.md?p=f) [capable of use as human food](/usc/21/453.md?p=v);
    - (C) the slaughtering and processing of [poultry products](/usc/21/453.md?p=f) in any [State](/usc/21/453.md?p=b) or [Territory](/usc/21/453.md?p=c) or the District of Columbia by any [poultry](/usc/21/453.md?p=e) producer on his own premises with respect to sound and healthy [poultry](/usc/21/453.md?p=e) raised on his premises and the [distribution](/usc/21/360eee.md?p=5) by any [person](/usc/21/453.md?p=j) solely within such jurisdiction of the [poultry products](/usc/21/453.md?p=f) derived from such operations, if, in lieu of other [labeling](/usc/21/453.md?p=s) requirements, such [poultry products](/usc/21/453.md?p=f) are identified with the name and address of such [poultry](/usc/21/453.md?p=e) producer, and if they are not otherwise [misbranded](/usc/21/453.md?p=h), and are sound, clean, and fit for human [food](/usc/21/346a.md?p=a-1) when so distributed; and
    - (D) the slaughtering of sound and healthy [poultry](/usc/21/453.md?p=e) or the processing of [poultry products](/usc/21/453.md?p=f) of such [poultry](/usc/21/453.md?p=e) in any [State](/usc/21/453.md?p=b) or [territory](/usc/21/453.md?p=c) or the District of Columbia by any [poultry](/usc/21/453.md?p=e) producer or other [person](/usc/21/453.md?p=j) for [distribution](/usc/21/360eee.md?p=5) 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](/usc/21/453.md?p=s) requirements, such [poultry products](/usc/21/453.md?p=f) are identified with the name and address of the processor, and if they are not otherwise [misbranded](/usc/21/453.md?p=h) and are sound, clean, and fit for human [food](/usc/21/346a.md?p=a-1) when distributed by such processor.

    The exemptions provided for in clauses [(C)](#c-1-C) and [(D)](#c-1-D) above shall not apply if the [poultry](/usc/21/453.md?p=e) producer or other [person](/usc/21/453.md?p=j) engages in the current calendar year in the business of buying or selling any [poultry](/usc/21/453.md?p=e) or [poultry products](/usc/21/453.md?p=f) other than as specified in such clauses.

  - (2) In addition to the specific exemptions provided herein, the [Secretary](/usc/21/453.md?p=i) shall, when he determines that the protection of consumers from [adulterated](/usc/21/453.md?p=g) or [misbranded](/usc/21/453.md?p=h) [poultry products](/usc/21/453.md?p=f) will not be impaired by such action, provide by regulation, consistent with [subparagraph (3)](#c-3), for the exemption of the operation and products of small enterprises (including [poultry](/usc/21/453.md?p=e) producers), not exempted under [subparagraph (1)](#c-1), which are engaged in any [State](/usc/21/453.md?p=b) or [Territory](/usc/21/453.md?p=c) or the District of Columbia in slaughtering and/or cutting up [poultry](/usc/21/453.md?p=e) for [distribution](/usc/21/360eee.md?p=5) as carcasses or parts thereof solely for [distribution](/usc/21/360eee.md?p=5) within such jurisdiction, from such provisions of this chapter as he deems appropriate, while still protecting the public from [adulterated](/usc/21/453.md?p=g) or [misbranded](/usc/21/453.md?p=h) 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)](#c-1-C) or [(D)](#c-1-D) or [subparagraph (2)](#c-2) shall apply to any [poultry](/usc/21/453.md?p=e) producer or other [person](/usc/21/453.md?p=j) who, in the current calendar year—
    - (A) slaughters or processes the products of more than 20,000 [poultry](/usc/21/453.md?p=e); or
    - (B) slaughters or processes the products of [poultry](/usc/21/453.md?p=e) at a [facility](/usc/21/350g.md?p=o-2) used for slaughtering or processing of the products of [poultry](/usc/21/453.md?p=e) by any other [poultry](/usc/21/453.md?p=e) producer or [person](/usc/21/453.md?p=j).

    Notwithstanding [clause (B)](#c-3-B), the [Secretary](/usc/21/453.md?p=i) may grant such exemption to any [poultry](/usc/21/453.md?p=e) producer or other [person](/usc/21/453.md?p=j) if the [Secretary](/usc/21/453.md?p=i) determines, upon application of such [poultry](/usc/21/453.md?p=e) producer or other [person](/usc/21/453.md?p=j), that granting such exemption will not impair effectuating the purposes of this chapter.

  - (4) The provisions of this chapter shall not apply to [poultry](/usc/21/453.md?p=e) producers with respect to [poultry](/usc/21/453.md?p=e) of their own raising on their own farms if (i) such producers slaughter not more than 1,000 [poultry](/usc/21/453.md?p=e) during the calendar year for which this exemption is being determined; (ii) such [poultry](/usc/21/453.md?p=e) producers do not engage in buying or selling [poultry products](/usc/21/453.md?p=f) other than those produced from [poultry](/usc/21/453.md?p=e) raised on their own farms; and (iii) none of such [poultry](/usc/21/453.md?p=e) moves in [commerce](/usc/21/453.md?p=a) (as defined in [section 453(a) of this title](/usc/21/453.md?p=a)).
- (d) **Pizzas containing poultry products—**
  - (1) Under such terms and conditions as the [Secretary](/usc/21/453.md?p=i) shall prescribe through rules and regulations issued under this section that may be necessary to ensure [food](/usc/21/346a.md?p=a-1) safety and protect public health such as special handling procedures, the [Secretary](/usc/21/453.md?p=i) shall exempt pizzas containing a [poultry product](/usc/21/453.md?p=f) from the inspection requirements of this chapter if—
    - (A) the [poultry product](/usc/21/453.md?p=f) 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](/usc/21/453.md?p=i) may withdraw or modify any exemption under this subsection whenever the [Secretary](/usc/21/453.md?p=i) determines such action is necessary to ensure [food](/usc/21/346a.md?p=a-1) safety and to protect public health. The [Secretary](/usc/21/453.md?p=i) 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)](#a) and [(d)](#d).
- (f) **Suspension or termination of exemption—** The [Secretary](/usc/21/453.md?p=i) may by order suspend or terminate any exemption under this section with respect to any [person](/usc/21/453.md?p=j) 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](/usc/21/453.md?p=i) may limit the entry of [poultry products](/usc/21/453.md?p=f) and other materials into any [official establishment](/usc/21/453.md?p=p), 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](/usc/21/453.md?p=e), or parts or products thereof, of any kind shall be imported into the [United States](/usc/21/453.md?p=d) unless they are healthful, wholesome, fit for human [food](/usc/21/346a.md?p=a-1), not [adulterated](/usc/21/453.md?p=g), and contain no dye, chemical, preservative, or ingredient which renders them unhealthful, un­wholesome, [adulterated](/usc/21/453.md?p=g), or unfit for human [food](/usc/21/346a.md?p=a-1) and unless they also comply with the rules and regulations made by the [Secretary](/usc/21/453.md?p=i) of Agriculture to assure that imported [poultry](/usc/21/453.md?p=e) or [poultry products](/usc/21/453.md?p=f) comply with the standards provided for in this chapter. All imported, slaughtered [poultry](/usc/21/453.md?p=e), or parts or products thereof, shall after entry into the [United States](/usc/21/453.md?p=d) in compliance with such rules and regulations be deemed and treated as domestic slaughtered [poultry](/usc/21/453.md?p=e), or parts or products thereof, within the meaning and subject to the provisions of this chapter and 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 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](/usc/21/453.md?p=i) of Agriculture is [authorized](/usc/21/360eee–1.md?p=a-6) to make rules and regulations to carry out the purposes of this section and in such rules and regulations the [Secretary](/usc/21/453.md?p=i) of Agriculture may prescribe the terms and conditions for the destruction of all slaughtered [poultry](/usc/21/453.md?p=e), or parts or products thereof, offered for entry and refused admission into the [United States](/usc/21/453.md?p=d) unless such slaughtered [poultry](/usc/21/453.md?p=e), 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](/usc/21/453.md?p=e), or parts or products of [poultry](/usc/21/453.md?p=e), [capable of use as human food](/usc/21/453.md?p=v) offered for importation into the [United States](/usc/21/453.md?p=d) shall—
    - (A) be subject to inspection, sanitary, quality, species [verification](/usc/21/360eee.md?p=28), and residue standards that achieve a level of [sanitary protection](#d-2-A) equivalent to that achieved under [United States](/usc/21/453.md?p=d) standards; and
    - (B) have been [processed](/usc/21/453.md?p=w) in [facilities](/usc/21/350g.md?p=o-2) and under conditions that achieve a level of [sanitary protection](#d-2-A) equivalent to that achieved under [United States](/usc/21/453.md?p=d) standards.
  - (2)
    - (A) The [Secretary](/usc/21/453.md?p=i) may treat as equivalent to a [United States](/usc/21/453.md?p=d) standard a standard of an exporting country described in [paragraph (1)](#d-1) if the exporting country provides the [Secretary](/usc/21/453.md?p=i) with scientific evidence or other information, in accordance with risk assessment methodologies determined appropriate by the [Secretary](/usc/21/453.md?p=i), to demonstrate that the standard of the exporting country achieves the level of sanitary protection achieved under the [United States](/usc/21/453.md?p=d) standard. For the purposes of this subsection, the term “sanitary protection” means protection to safeguard public health.
    - (B) The [Secretary](/usc/21/453.md?p=i) may—
      - (i) determine, on a scientific basis, that the standard of the exporting country does not achieve the level of protection that the [Secretary](/usc/21/453.md?p=i) considers appropriate; and
      - (ii) provide the basis for the determination in writing to the exporting country on request.
  - (3) Any such imported [poultry](/usc/21/453.md?p=e) article that does not meet such standards shall not be permitted entry into the [United States](/usc/21/453.md?p=d).
  - (4) The [Secretary](/usc/21/453.md?p=i) shall enforce this subsection through—
    - (A) random inspections for such species [verification](/usc/21/360eee.md?p=28) 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](/usc/21/453.md?p=i).

# §467. Inspection services

- (a) **Refusal or withdrawal; hearing; business unfitness based upon certain convictions; persons responsibly connected with the business—** The [Secretary](/usc/21/453.md?p=i) may (for such period, or indefinitely, as he deems necessary to effectuate the purposes of this chapter) refuse to provide, or withdraw, [inspection service](/usc/21/453.md?p=q) 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](/usc/21/453.md?p=b) 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](/usc/21/453.md?p=g), mislabeled, or deceptively packaged [food](/usc/21/346a.md?p=a-1) or fraud in connection with transactions in [food](/usc/21/346a.md?p=a-1); 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](/usc/21/453.md?p=j) 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](/usc/21/453.md?p=q) from any [official establishment](/usc/21/453.md?p=p) for failure to destroy condemned [poultry products](/usc/21/453.md?p=f) as required under [section 455 of this title](/usc/21/455.md), or other failure of an [official establishment](/usc/21/453.md?p=p) to comply with the requirements as to premises, [facilities](/usc/21/350g.md?p=o-2), or equipment, or the operation thereof, as provided in [section 456 of this title](/usc/21/456.md), or the refusal of [inspection service](/usc/21/453.md?p=q) to any applicant therefor because of failure to comply with any requirements under [section 456 of this title](/usc/21/456.md), 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](/usc/21/453.md?p=i).
- (c) **Finality and conclusiveness of determination; judicial review; record—** The determination and order of the [Secretary](/usc/21/453.md?p=i) when made after opportunity for hearing, with respect to withdrawal or refusal of [inspection service](/usc/21/453.md?p=q) under this chapter shall be final and conclusive unless the affected applicant for, or recipient of, [inspection service](/usc/21/453.md?p=q) files application for judicial review within thirty days after the effective date of such order in the [United States](/usc/21/453.md?p=d) Court of Appeals as provided in [section 457 of this title](/usc/21/457.md). 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](/usc/7/194.md) 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](/usc/21/453.md?p=f), or any product exempted from the definition of a [poultry product](/usc/21/453.md?p=f), or any dead, dying, disabled, or diseased [poultry](/usc/21/453.md?p=e) is found by any [authorized](/usc/21/360eee–1.md?p=a-6) representative of the [Secretary](/usc/21/453.md?p=i) upon any premises where it is held for purposes of, or during or after [distribution](/usc/21/360eee.md?p=5) in, [commerce](/usc/21/453.md?p=a) or otherwise subject to this chapter, and there is reason to believe that any such article is [adulterated](/usc/21/453.md?p=g) or [misbranded](/usc/21/453.md?p=h) and is [capable of use as human food](/usc/21/453.md?p=v), 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](/usc/21/453.md?p=b) or [Territory](/usc/21/453.md?p=c), 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](/usc/21/467b.md) or notification of any Federal, [State](/usc/21/453.md?p=b), or other governmental authorities having jurisdiction over such article or [poultry](/usc/21/453.md?p=e), and shall not be moved by any [person](/usc/21/453.md?p=j), from the place at which it is located when so detained, until released by such representative. All [official marks](/usc/21/453.md?p=l) may be required by such representative to be removed from such article or [poultry](/usc/21/453.md?p=e) before it is released unless it appears to the satisfaction of the [Secretary](/usc/21/453.md?p=i) that the article or [poultry](/usc/21/453.md?p=e) 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](/usc/21/453.md?p=f), or any dead, dying, disabled, or diseased [poultry](/usc/21/453.md?p=e), that is being transported in [commerce](/usc/21/453.md?p=a) or otherwise subject to this chapter, or is held for sale in the [United States](/usc/21/453.md?p=d) after such transportation, and that (A) is or has been [processed](/usc/21/453.md?p=w), sold, transported, or otherwise distributed or offered or received for [distribution](/usc/21/360eee.md?p=5) in violation of this chapter, or (B) is [capable of use as human food](/usc/21/453.md?p=v) and is [adulterated](/usc/21/453.md?p=g) or [misbranded](/usc/21/453.md?p=h), 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](/usc/21/453.md?p=d) district court or other proper court as provided in [section 467c of this title](/usc/21/467c.md) within the jurisdiction of which the article or [poultry](/usc/21/453.md?p=e) is found.
  - (2) If the article or [poultry](/usc/21/453.md?p=e) is condemned it shall, after entry of the decree, (A) be distributed in accordance with paragraph [(5)](#a-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](/usc/21/453.md?p=d), but the article or [poultry](/usc/21/453.md?p=e) 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](/usc/21/453.md?p=e) 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](/usc/21/453.md?p=e) be delivered to the owner thereof subject to such supervision by [authorized](/usc/21/360eee–1.md?p=a-6) representatives of the [Secretary](/usc/21/453.md?p=i) as is necessary to insure compliance with the applicable laws.
  - (3) When a decree of condemnation is entered against the article or [poultry](/usc/21/453.md?p=e) and it is released under bond, or destroyed, court costs and fees, and storage and other proper expenses shall be awarded against the [person](/usc/21/453.md?p=j), if any, intervening as claimant of the article or [poultry](/usc/21/453.md?p=e).
  - (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](/usc/21/453.md?p=d).
  - (5)
    - (A) An article that is condemned under [paragraph (1)](#a-1) may as the court may direct, after entry of the decree, be distributed without charge to nonprofit, private entities or to Federal, [State](/usc/21/453.md?p=b), or local government entities engaged in the [distribution](/usc/21/360eee.md?p=5) of [food](/usc/21/346a.md?p=a-1) without charge to individuals, if such article—
      - (i) is capable of use as a human [food](/usc/21/346a.md?p=a-1);
      - (ii) has been inspected under this chapter and found to be wholesome and not to be [adulterated](/usc/21/453.md?p=g) within the meaning of paragraphs (1) through (7) of [section 453(g) of this title](/usc/21/453.md?p=g) and a determination is made at the time of the entry of the decree that such article is wholesome and not so [adulterated](/usc/21/453.md?p=g); and
      - (iii) is plainly marked “Not for Sale” on such article or its [container](/usc/21/453.md?p=r).
    - (B) The [United States](/usc/21/453.md?p=d) may not be held legally responsible for any article that is distributed under [subparagraph (A)](#a-5-A) to a nonprofit, private entity or to a Federal, [State](/usc/21/453.md?p=b), or local government entity, if such article—
      - (i) was found after inspection under this chapter to be wholesome and not [adulterated](/usc/21/453.md?p=g) within the meaning of paragraphs (1) through (7) of [section 453(g) of this title](/usc/21/453.md?p=g) and a determination was made at the time of the entry of the decree that such article was wholesome and not so [adulterated](/usc/21/453.md?p=g); and
      - (ii) was plainly marked “Not for Sale” on such article or its [container](/usc/21/453.md?p=r).
    - (C) The [person](/usc/21/453.md?p=j) 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](/usc/21/453.md?p=g) within the meaning of paragraphs (1) through (7) of [section 453(g) of this title](/usc/21/453.md?p=g) and a determination was made at the time of entry of the decree that such article was wholesome and not so [adulterated](/usc/21/453.md?p=g); and
      - (ii) was plainly marked “Not for Sale” on such article or its [container](/usc/21/453.md?p=r).
- (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](/usc/21/453.md?p=d) district courts, the District Court of Guam, the District Court of the Virgin Islands, the highest court of American Samoa, and the [United States](/usc/21/453.md?p=d) courts of the other [territories](/usc/21/453.md?p=c), 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)](/usc/21/457.md?p=d) or [467](/usc/21/467.md) 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](/usc/21/453.md?p=d). Subpenas for witnesses who are required to attend a court of the [United States](/usc/21/453.md?p=d), 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](/usc/15/46.md), [48](/usc/15/48.md), [49](/usc/15/49.md) and [50](/usc/15/50.md) of title 15 (except [paragraphs (c) through (h)](/usc/21/46.md?p=c..h) of section 46 and the last paragraph of [section 49](/usc/15/49.md)[^1] of [title 15](/usc/15.md)), and the provisions of section 409(l)[^1] of [title 47](/usc/47.md), are made applicable to the jurisdiction, powers, and duties of the [Secretary](/usc/21/453.md?p=i) in administering and enforcing the provisions of this chapter and to any [person](/usc/21/453.md?p=j) with respect to whom such authority is exercised. The [Secretary](/usc/21/453.md?p=i), in [person](/usc/21/453.md?p=j) 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](/usc/21/453.md?p=d), and the powers conferred by said sections [49](/usc/15/49.md) and [50](/usc/15/50.md) of title 15 on the district courts of the [United States](/usc/21/453.md?p=d) may be exercised for the purposes of this chapter by any court designated in [section 467c of this title](/usc/21/467c.md).