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21 U.S.C. § 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

Federal law — U.S. Code and appendices · legal_authorities

21 U.S.C. § 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title21-section460&num=0&edition=prelim), 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.

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Source location: Title 21, Chapter 10, § 467e; chapter-010-poultry-and-poultry-products-inspection.md

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Federal law — U.S. Code and appendices · legal_authorities

21 U.S.C. § 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, in

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Federal law — U.S. Code and appendices · legal_authorities

21 U.S.C. § 467e — Non-Federal jurisdiction of federally regu-

Page 735 TITLE 21—FOOD AND DRUGS § 467e 1 See References in Text note below. entry of the decree that such article is whole- some 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 govern- ment 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 deter- mination 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 deter- mination 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 provi- sions 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. (Pub. L. 85–172, § 20, as added Pub. L. 90–492, § 17, Aug. 18, 1968, 82 Stat. 806; amended Pub. L. 101–205, § 2, Dec. 7, 1989, 103 Stat. 1830.) Editorial Notes AMENDMENTS 1989—Subsec. (a). Pub. L. 101–205 designated

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