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21 U.S.C. § 455 — Inspection in official establishments
Federal law — U.S. Code and appendices · legal_authorities
**(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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Source location: Title 21, Chapter 10, § 455; chapter-010-poultry-and-poultry-products-inspection.md
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**(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 Secretary determines that the appeal is frivolous. If the determination of condemnation is sustained the carcasses, parts, and products shall be destroyed for human food purposes under the supervision of an inspector.
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Federal law — U.S. Code and appendices · legal_authorities
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.
Source: Supplied U.S. Code snapshot — release unconfirmed · 21 U.S.C. § 451
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Federal law — U.S. Code and appendices · legal_authorities
The Secretary of Agriculture is directed and authorized:
**(a) Determination of methods of processing, packaging, marketing, etc.; publication of results** To conduct, assist, and foster research, investigation, and experimentation to determine the best methods of processing, preparation for market, packaging, handling, transporting, storing, distributing, and marketing agricultural products: Provided, That the results of such research shall be made available to the public for the purpose of expanding the use of American agricultural products in such manner as the Secretary of Agriculture may determine.
**(b) Determination of costs** To determine costs of marketing agricultural products in their various forms and through the various channels and to foster and assist in the development and establishment of more efficient marketing methods (including analyses of methods and proposed methods), practices, and facilities, for the purpose of bringing about more efficient and orderly marketing, and reducing the price spread between the producer and the consumer.
**(c) Improvement of standards of quality, condition, etc.; standard of quality for ice cream** To develop and improve standards of quality, condition, quantity, grade, and packaging, and recommend and demonstrate such standards in order to encourage uniformity and consistency in commercial practices. Within thirty days after September 29, 1977, the Secretary shall by regulation adopt a standard of quality for ice cream which shall provide that ice cream shall contain at least 1.6 pounds of total solids to the gallon, weigh not less than 4.5 pounds to the gallon and contain not less than 20 percent total milk solids, constituted of not less than 10 percent milkfat. In no case shall the content of milk solids not fat
Source: Supplied U.S. Code snapshot — release unconfirmed · 7 U.S.C. § 1622
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Federal law — U.S. Code and appendices · legal_authorities
**(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-s
Source: Supplied U.S. Code snapshot — release unconfirmed · 21 U.S.C. § 467
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Federal law — U.S. Code and appendices · legal_authorities
Page 724
TITLE 21—FOOD AND DRUGS
§ 455
1 See References in Text note below.
State at any time upon thirty days’ notice to
the Governor and publication in the Federal
Register in accordance with this paragraph, and
any State may be designated upon such notice
and publication, at any time after the period
specified in this paragraph whether or not the
State has theretofore been designated, upon the
Secretary determining that it is not effectively
enforcing requirements at least equal to those
imposed under said sections.
(4) The Secretary shall promptly upon August
18, 1968, and periodically thereafter, but at least
annually, review the requirements, including
the enforcement thereof, of the several States
not designated under this paragraph (c), with re-
spect to the slaughter, and the processing, stor-
age, handling, and distribution of poultry prod-
ucts, and inspection of such operations, and an-
nually report thereon to the Committee on Agri-
culture of the House of Representatives and the
Committee on Agriculture, Nutrition, and For-
estry of the Senate in the report required in sec-
tion 470 1 of this title.
(d) ‘‘State’’ defined
As used in this section, the term ‘‘State’’
means any State (including the Commonwealth
of Puerto Rico) or organized territory.
(Pub. L. 85–172, § 5, Aug. 28, 1957, 71 Stat. 443;
Pub. L. 90–492, § 5, Aug. 18, 1968, 82 Stat. 796; Pub.
L. 98–487, § 2, Oct. 17, 1984, 98 Stat. 2264; Pub. L.
103–437, § 8(1), Nov. 2, 1994, 108 Stat. 4588.)
Editorial Notes
REFERENCES IN TEXT
Section 470 of this title, referred to in subsec. (c)(4),
was omitted from the Code.
CODIFICATION
In par. (c)(1), (4), ‘‘August 18, 1968’’ substituted for
‘‘enactment of the Wholesome Poultry Products Act’’.
AMENDMENTS
1994—Subsec. (c)(4). Pub.
Source: Supplied 2024 U.S. Code historical extraction · 21 U.S.C. § 455
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