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21 U.S.C. § 467a — Administrative detention; duration; pending judicial proceedings; notification of government authorities; release; removal of official marks
Federal law — U.S. Code and appendices · legal_authorities
Whenever any poultry product, or any product exempted from the definition of a poultry product, or any dead, dying, disabled, or diseased poultry is found by any authorized representative of the Secretary upon any premises where it is held for purposes of, or during or after distribution in, commerce or otherwise subject to this chapter, and there is reason to believe that any such article is adulterated or misbranded and is capable of use as human food, 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 or Territory, 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title21-section467b&num=0&edition=prelim) or notification of any Federal, State, or other governmental authorities having jurisdiction over such article or poultry, and shall not be moved by any person, from the place at which it is located when so detained, until released by such representative. All official marks may be required by such representative to be removed from such article or poultry before it is released unless it appears to the satisfaction of the Secretary that the article or poultry is eligible to retain such marks.
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Stable record: federal_law:legal_authorities:record_usc_b2ec0b1db4b2b032d005b250
Source file: Laws/federal/codes/united-states-code/title-21/section-467a-administrative-detention-duration-pending-judicial-proceedings-notificat--5bf5a3c0f0.md
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Passage SHA-256: 4c3dfd954e58fbc35825696e7db8f532c215b35f4fdef19f815a644ac95adb7a
Source location: Title 21, Chapter 10, § 467a; chapter-010-poultry-and-poultry-products-inspection.md
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Whenever any poultry product, or any product exempted from the definition of a poultry product, or any dead, dying, disabled, or diseased poultry is found by any authorized representative of the Secretary upon any premises where it is held for purposes of, or during or after distribution in, commerce or otherwise subject to this chapter, and there is reason to believe that any such article is adulterated or misbranded and is capable of use as human food, 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 or Territory, 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title21-section467b&num=0&edition=prelim) or notification of any Federal, State, or other governmental authorities having jurisdiction over such article or poultry, and shall not be moved by any person, from the place at which it is located when so detained, until released by such representative. All official marks may be required by such representative to be removed from such article or poultry before it is released unless it appears to the satisfaction of the Secretary that the article or poultry is eligible to retain such marks.
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Federal law — U.S. Code and appendices · legal_authorities
**(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, or any dead, dying, disabled, or diseased poultry, that is being transported in commerce or otherwise subject to this chapter, or is held for sale in the United States after such transportation, and that (A) is or has been processed, sold, transported, or otherwise distributed or offered or received for distribution in violation of this chapter, or (B) is capable of use as human food and is adulterated or misbranded, 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 district court or other proper court as provided in [section 467c of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title21-section467c&num=0&edition=prelim) within the jurisdiction of which the article or poultry is found.
(2) If the article or poultry is condemned it shall, after entry of the decree, (A) be distributed in accordance with paragraph (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, but the article or poultry 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 shall not be sold or otherwise disposed of cont
Source: Supplied U.S. Code snapshot — release unconfirmed · 21 U.S.C. § 467b
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Overtime and holiday work costs; availability of funds** The cost of inspection rendered under the requirements of this chapter, and other costs of administration of this chapter, shall be borne by the United States, except that the cost of overtime and holiday work performed in official plants subject to the provisions of this chapter at such rates as the Secretary may determine shall be borne by such official plants. Sums received by the Secretary from official plants under this section shall be available without fiscal year limitation to carry out the purposes of this chapter.
**(b) “Holiday” defined** The term “holiday” for the purposes of assessment or reimbursement of the cost of inspection performed under this chapter, the Wholesome Poultry Products Act [[21 U.S.C. 467a](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title21-section467a&num=0&edition=prelim) et seq.] and the Wholesome Meat Act [[21 U.S.C. 601](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title21-section601&num=0&edition=prelim) et seq.] shall mean the legal public holidays specified by the Congress in [section 6103(a) of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section6103/a&num=0&edition=prelim).
Source: Supplied U.S. Code snapshot — release unconfirmed · 21 U.S.C. § 1053
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Exemptions; authorities under food, drug, and cosmetic provisions unaffected** Poultry and poultry products shall be exempt from the provisions of the Federal Food, Drug, and Cosmetic Act [[21 U.S.C. 301](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title21-section301&num=0&edition=prelim) et seq.] to the extent of the application or extension thereto of the provisions of this chapter, except that the provisions of this chapter shall not derogate from any authority conferred by the Federal Food, Drug, and Cosmetic Act prior to August 18, 1968.
**(b) Enforcement proceedings; detainer authority of representatives of Secretary of Health and Human Services** The detainer authority conferred by [section 467a of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title21-section467a&num=0&edition=prelim) shall apply to any authorized representative of the Secretary of Health and Human Services for purposes of the enforcement of the Federal Food, Drug, and Cosmetic Act [[21 U.S.C. 301](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title21-section301&num=0&edition=prelim) et seq.] with respect to any poultry carcass, or part or product thereof, that is outside any official establishment, and for such purposes the first reference to the Secretary in [section 467a of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title21-section467a&num=0&edition=prelim) shall be deemed to refer to the Secretary of Health and Human Services.
Source: Supplied U.S. Code snapshot — release unconfirmed · 21 U.S.C. § 467f
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Inspection Procedures.—**
(1) **In general.—** — The Secretary of Transportation, in consultation with the Secretary of Health and Human Services and the Secretary of Agriculture, shall establish procedures for transportation safety inspections for the purpose of identifying suspected incidents of contamination or adulteration of—
(A) food in violation of regulations promulgated under section 416 of the Federal Food, Drug, and Cosmetic Act;
(B) a carcass, part of a carcass, meat, meat food product, or animal subject to detention under section 402 of the Federal Meat Inspection Act ([21 U.S.C. 672](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title21-section672&num=0&edition=prelim)); and
(C) poultry products or poultry subject to detention under section 19 of the Poultry Products Inspection Act ([21 U.S.C. 467a](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title21-section467a&num=0&edition=prelim)).
(2) **Training.—**
(A) *In general.—* — The Secretary of Transportation shall develop and carry out a training program to conduct enforcement of this chapter and regulations prescribed under this chapter or compatible State laws and regulations.
(B) *Conduct.—* — In carrying out this paragraph, the Secretary of Transportation shall train inspectors, including Department of Transportation personnel, State employees described under subsection (c), or personnel paid with funds authorized under sections 31102 and 31104, in the recognition of adulteration problems associated with the transportation of cosmetics, devices, drugs, food, and food additives and in the procedures for obtaining assistance of the appropriate departments, agencies, and instrumentalities of the Government and State authorities to support the enforcemen
Source: Supplied U.S. Code snapshot — release unconfirmed · 49 U.S.C. § 5701
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Federal law — U.S. Code and appendices · legal_authorities
Page 734
TITLE 21—FOOD AND DRUGS
§ 467a
Editorial Notes
AMENDMENTS
1968—Par. (a). Pub. L. 90–492 substituted provisions
authorizing the Secretary to refuse or withdraw inspec-
tion services subsequent to a hearing determining that
the applicant or recipient is unfit to engage in any
business requiring inspection under this chapter based
upon the specified considerations, for provisions grant-
ing the Secretary exclusive jurisdiction within the
scope of this chapter and exempting poultry and poul-
try products from the provisions of the Federal Food,
Drug, and Cosmetic Act, as amended, to the extent of
the application or the extension thereof of the provi-
sions of this chapter.
Par. (b). Pub. L. 90–492 substituted provisions grant-
ing a hearing, upon request by the applicant or recipi-
ent, to determine the merits and validity of the with-
drawal or refusal of inspection services and continuing
such withdrawal or refusal in effect, unless otherwise
ordered by the Secretary, for provisions authorizing
the Secretary to cooperate with other branches of gov-
ernment and with State agencies and to conduct exami-
nations, investigations, and inspections through any
officer or employee of a State commissioned by the
Secretary for such purpose.
Par. (c). Pub. L. 90–492 added par. (c).
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE OF 1968 AMENDMENT
Amendment by Pub. L. 90–492 effective Aug. 18, 1968,
see section 20 of Pub. L. 90–492, set out as a note under
section 451 of this title.
§ 467a. Administrative detention; duration; pend-
ing judicial proceedings; notification of gov-
ernment authorities; release; removal of offi-
cial marks
Whenever any poultry product, or any product
exempted from the definition of a poultry prod-
uct, or any dead,
Source: Supplied 2024 U.S. Code historical extraction · 21 U.S.C. § 467a
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