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21 U.S.C. § 467 — Inspection services

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

21 U.S.C. § 467 — Inspection services

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

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**(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title21-section455&num=0&edition=prelim), 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title21-section456&num=0&edition=prelim), or the refusal of inspection service to any applicant therefor because of failure to comply with any requirements under [section 456 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title21-section456&num=0&edition=prelim), 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title21-section457&num=0&edition=prelim). 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section194&num=0&edition=prelim) shall be applicable to appeals taken under this section.

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

21 U.S.C. § 456 — Operation of premises, facilities and equipment

**(a) Sanitary practices** 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.

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21 U.S.C. § 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title21-section453&num=0&edition=prelim). 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 marking 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title21-sec

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21 U.S.C. § 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 S

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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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7 U.S.C. § 194 — Conclusiveness of order; appeal and review

**(a) Filing of petition; bond** An order made under [section 193 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section193&num=0&edition=prelim) shall be final and conclusive unless within thirty days after service the packer or swine contractor appeals to the court of appeals for the circuit in which he has his principal place of business, by filing with the clerk of such court a written petition praying that the Secretary’s order be set aside or modified in the manner stated in the petition, together with a bond in such sum as the court may determine, conditioned that such packer or swine contractor will pay the costs of the proceedings if the court so directs. **(b) Filing of record by Secretary** The clerk of the court shall immediately cause a copy of the petition to be delivered to the Secretary, and the Secretary shall thereupon file in the court the record in such proceedings, as provided in [section 2112 of title 28](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title28-section2112&num=0&edition=prelim). If before such record is filed the Secretary amends or sets aside his report or order, in whole or in part, the petitioner may amend the petition within such time as the court may determine, on notice to the Secretary. **(c) Temporary injunction** At any time after such petition is filed, the court, on application of the Secretary, may issue a temporary injunction, restraining, to the extent it deems proper, the packer or swine contractor and his officers, directors, agents, and employees, from violating any of the provisions of the order pending the final determination of the appeal. **(d) Evidence** The evidence so taken or admitted, and filed as aforesaid as a part of the record, shall be considered by t

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

21 U.S.C. § 467 — Inspection services

Page 733 TITLE 21—FOOD AND DRUGS § 467 Dec. 8, 1993, 107 Stat. 2123; Pub. L. 103–465, title IV, § 431(k), Dec. 8, 1994, 108 Stat. 4969.) Editorial Notes REFERENCES IN TEXT The Federal Food, Drug, and Cosmetic Act, referred to in subsec. (a), is act June 25, 1938, ch. 675, 52 Stat. 1040, which is classified generally to chapter 9 (§ 301 et seq.) of this title. For complete classification of this Act to the Code, see section 301 of this title and Tables. AMENDMENTS 1994—Subsec. (d)(1). Pub. L. 103–465, § 431(k)(1), amend- ed par. (1) generally. Prior to amendment, par. (1) read as follows: ‘‘Notwithstanding any other provision of law, except as provided in paragraph (2), all poultry, or parts or products thereof, capable of use as human food offered for importation into the United States shall— ‘‘(A) be subject to the same inspection, sanitary, quality, species verification, and residue standards applied to products produced in the United States; and ‘‘(B) have been processed in facilities and under conditions that are the same as those under which similar products are processed in the United States.’’ Subsec. (d)(2)(A). Pub. L. 103–465, § 431(k)(2)(A), amended subpar. (A) generally. Prior to amendment, subpar. (A) read as follows: ‘‘Notwithstanding any other provision of law, all poultry, or parts or products of poultry, capable of use as human food offered for im- portation into the United States from Canada and Mex- ico shall— ‘‘(i) comply with paragraph (1); or ‘‘(ii)(I) be subject to inspection, sanitary, quality, species verification, and residue standards that are equivalent to United States standards; and ‘‘(II) have been processed in facilities and under conditions that meet standards that are equivalent to United States standard

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