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

Page 725 TITLE 21—FOOD AND DRUGS § 457 Editorial Notes AMENDMENTS 1968—Par. (a). Pub. L. 90–492, § 6(a), substituted ‘‘of, or the burdening of commerce by, any poultry product which is capable of use as human food and is adulter- ated,’’ for ‘‘or a designated major consuming area of any poultry product which is unwholesome or adulter- ated,’’ ‘‘each official establishment’’ for ‘‘any official establishment’’, and ‘‘otherwise subject to inspection under this chapter’’ for ‘‘in, or for marketing in a des- ignated city or area’’. Par. (b). Pub. L. 90–492, § 6(b), substituted ‘‘segrega- tion, and reinspection’’ for ‘‘segregation, reinspection’’, and ‘‘otherwise subject to inspection under this chap- ter’’ for ‘‘in, or for marketing in a designated city or area’’, and inserted ‘‘capable of use as human food’’ after ‘‘necessary of poultry and poultry products’’. Par. (c). Pub. L. 90–492, § 6(c), inserted ‘‘other’’ before ‘‘poultry products’’, and substituted ‘‘to be adulter- ated’’ for ‘‘to be unwholesome or adulterated’’, ‘‘made not adulterated’’ for ‘‘made not unwholesome and not adulterated’’, and ‘‘to be not adulterated’’ for ‘‘to be not unwholesome and not adulterated’’. 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. APPLICABILITY OF CHAPTER REQUIREMENTS TO BIRDS OF THE ORDER RATITAE Pub. L. 106–387, § 1(a) [title VII, § 752], Oct. 28, 2000, 114 Stat. 1549, 1549A–41, provided that: ‘‘Effective 180 days after the date of the enactment of this Act [Oct. 28, 2000] and continuing for the remainder of fiscal year 2001 and each subsequent fiscal year, establishments in the United States that slaughter or process birds of the order Ratitae, such as ostriches, emus and rheas, and squab, for distribution in commerce as human food shall be subject to the ante mortem and post mortem inspection, reinspection, and sanitation requirements of the Poultry Products Inspection Act (21 U.S.C. 451 et seq.) rather than the voluntary poultry inspection pro- gram of the Department of Agriculture under section 203 of the Agricultural Marketing Act of 1946 (7 U.S.C. 1622).’’ § 456. Operation of premises, facilities and equip- ment (a) Sanitary practices Each official establishment slaughtering poul- try 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 regu- lations 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 inspec- tion to any establishment whose premises, fa- cilities, or equipment, or the operation thereof, fail to meet the requirements of this section. (Pub. L. 85–172, § 7, Aug. 28, 1957, 71 Stat. 444; Pub. L. 90–492, § 7, Aug. 18, 1968, 82 Stat. 799.) Editorial Notes AMENDMENTS 1968—Par. (a). Pub. L. 90–492 substituted ‘‘otherwise subject to inspection under this chapter’’ for ‘‘in or for marketing in a designated major consuming area’’, ‘‘burdensome effect upon commerce’’ for ‘‘in a des- ignated major consuming area’’, and ‘‘which are adul- terated’’ for ‘‘which are unwholesome or adulterated’’. 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. § 457. Labeling and container standards (a) Requirements for shipping containers and immediate containers; nonconsumer pack- aged carcasses All poultry products inspected at any official establishment under the authority of this chap- ter and found to be not adulterated, shall at the time they leave the establishment bear, in dis- tinctly legible form, on their shipping con- tainers and immediate containers as the Sec- retary may require, the information required under paragraph (h) of section 453 of this title. In addition, the Secretary whenever he deter- mines 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 informa- tion required under such paragraph (h). (b) Labeling requirements; definitions and stand- ards of identity or composition or articles and standards of fill of container; standards consistent with Federal Food, Drug, and Cos- metic Act; consistency between Federal and State standards The Secretary, whenever he determines such action is necessary for the protection of the pub- lic, may prescribe: (1) the styles and sizes of type to be used with respect to material re- quired to be incorporated in labeling to avoid false or misleading labeling in marking and la- beling any articles or poultry subject to this chapter; (2) definitions and standards of identity or composition or articles subject to this chap- ter and standards of fill of container for such ar- ticles not inconsistent with any such standards established under the Federal Food, Drug, and Cosmetic Act [21 U.S.C. 301 et seq.], and there shall be consultation between the Secretary and the Secretary of Health and Human Services prior to the issuance of such standards under ei- ther Act relating to articles subject to this chapter to avoid inconsistency in such standards and possible impairment of the coordinated ef- fective administration of this chapter and the Federal Food, Drug, and Cosmetic Act. There shall also be consultation between the Secretary and an appropriate advisory committee provided for in section 454 of this title, prior to the issuance of such standards under this chapter, to avoid, insofar as feasible, inconsistency between Federal and State standards. (c) Use of trade names; false or misleading mark- ing or labeling; misleading form or size of container No article subject to this chapter shall be sold or offered for sale by any person in commerce, under any name or other marking or labeling