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21 U.S.C. § 463 — Rules and regulations

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

21 U.S.C. § 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section553/c&num=0&edition=prelim) to proposed rule making under this chapter, an opportunity for the oral presentation of views shall be accorded all interested persons.

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Stable record: federal_law:legal_authorities:record_usc_3dafd6a3fc9882700c41bbfc
Source file: Laws/federal/codes/united-states-code/title-21/section-463-rules-and-regulations--34c4d715dd.md
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Source location: Title 21, Chapter 10, § 463; chapter-010-poultry-and-poultry-products-inspection.md

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**(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section553/c&num=0&edition=prelim) to proposed rule making under this chapter, an opportunity for the oral presentation of views shall be accorded all interested persons.

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

21 U.S.C. § 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.

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

21 U.S.C. § 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title21-section453/g/8&num=0&edition=prelim)), such person shall be fined not more than $10,000 or imprisoned not more than three years, or both. When construing or enforcing the provisions of said sections the act, omission, or failure of any person acting for or employed by any individual, partnership, corporation, or association within the scope of his employment or office shall in every case be deemed the act, omission, or failure of such individual, partnership, corporation, or association, as well as of such person. **(b) Liability of carrier** No carrier shall be subject to the penalties of this chapter, other than the penalties for violation of [section 460 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title21-section460&num=0&edition=prelim), 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 repr

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

21 U.S.C. § 463 — Rules and regulations

Page 729 TITLE 21—FOOD AND DRUGS § 463 § 461. Offenses and punishment (a) Violations; liability of agents, employees, and employers Any person who violates the provisions of sec- tion 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 viola- tion involves intent to defraud, or any distribu- tion 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, cor- poration, or association within the scope of his employment or office shall in every case be deemed the act, omission, or failure of such indi- vidual, partnership, corporation, or association, as well as of such person. (b) Liability of carrier No carrier shall be subject to the penalties of this chapter, other than the penalties for viola- tion 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 posses- sion of facts which would cause a reasonable person to believe that such poultry or poultry products were not inspected or marked in ac- cordance 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 poult

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