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 poultry products, and copies of all documents, if any there be, pertaining to the delivery of the poul- try or poultry products to such carrier. (c) Assaulting, resisting, or impeding certain per- sons; murder; punishments Any person who forcibly assaults, resists, op- poses, impedes, intimidates, or interferes with any person while engaged in or on account of the performance of his official duties under this chapter shall be fined not more than $5,000 or imprisoned not more than three years, or both. Whoever, in the commission of any such acts, uses a deadly or dangerous weapon, shall be fined not more than $10,000 or imprisoned not more than ten years, or both. Whoever kills any person while engaged in or on account of the performance of his official duties under this chapter shall be punished as provided under sec- tions 1111 and 1114 of title 18. (Pub. L. 85–172, § 12, Aug. 28, 1957, 71 Stat. 446; Pub. L. 90–492, § 12, Aug. 18, 1968, 82 Stat. 802.) Editorial Notes AMENDMENTS 1968—Par. (a). Pub. L. 90–492, § 12(a), inserted ref- erence to violations of section 463 of this title, and sub- stituted provisions that violators of the enumerated sections shall be fined not more than $1,000 or impris- oned not more than one year, or both, but that in cases involving intent to defraud, or any distribution or at- tempt to distribute adulterated articles, except as de- fined in section 453(g) of this title, the violators shall be fined not more than $10,000 or imprisoned not more than three years, or both, for provisions that violators shall be guilty of a misdemeanor and subject to impris- onment for not more than six months or a fine of not more than $3,000, or both, with increased fines and im- prisonment for any subsequent violations. Par. (b). Pub. L. 90–492, § 12(b), substituted ‘‘of poul- try’’ for ‘‘of slaughtered poultry’’, ‘‘such poultry’’ for ‘‘such slaughtered poultry’’, and ‘‘otherwise not eligi- ble’’ for ‘‘not otherwise eligible’’, and inserted provi- sion that no carrier shall be subject to punishment un- less the carrier refuses to furnish the name and address of the person from whom he received such poultry or poultry products, and copies of any documents per- taining to the delivery of the poultry or poultry prod- ucts to such carrier. Par. (c). Pub. L. 90–492, § 12(c), 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. § 462. Reporting of violations; notice; opportunity to present views Before any violation of this chapter is re- ported by the Secretary to any United States at- torney for institution of a criminal proceeding, the person against whom such proceeding is con- templated shall be given reasonable notice of the alleged violation and opportunity to present his views orally or in writing with regard to such contemplated proceeding. Nothing in this chapter shall be construed as requiring the Sec- retary to report for criminal prosecution viola- tions of this chapter whenever he believes that the public interest will be adequately served and compliance with the chapter obtained by a suit- able written notice or warning. (Pub. L. 85–172, § 13, Aug. 28, 1957, 71 Stat. 447.) § 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 other- wise handled by any person engaged in the busi- ness 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 arti- cles 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 to proposed rule making under this chap- ter, an opportunity for the oral presentation of views shall be accorded all interested persons. (Pub. L. 85–172, § 14, Aug. 28, 1957, 71 Stat. 447; Pub. L. 90–492, § 13, Aug. 18, 1968, 82 Stat. 803.) Page 730 TITLE 21—FOOD AND DRUGS § 464 Editorial Notes AMENDMENTS 1968—Pub. L. 90–492 designated existing provisions as par. (b), added pars. (a) and (c), and in par. (b), as so designated, substituted ‘‘such other rules’’ for ‘‘such rules’’. 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. § 464. Exemptions (a) Persons exempted The Secretary shall, by regulation and under such conditions as to sanitary standards, prac- tices, and procedures as he may prescribe, ex- empt from specific provisions of this chapter— (1) retail dealers with respect to poultry products sold directly to consumers in indi- vidual retail stores, if the only processing op- eration performed by such retail dealers is the cutting up of poultry products on the premises where such sales to consumers are made; (2) for such period of time as the Secretary determines that it would be impracticable to provide inspection and the exemption will aid in the effective administration of this chapter, any person engaged in the processing of poul- try or poultry products for commerce and the poultry or poultry products processed by such person: Provided, however, That no such exemp- tion shall continue in effect on and after Janu- ary 1, 1970; and (3) persons slaughtering, processing, or oth- erwise handling poultry or poultry products which have been or are to be processed as re- quired by recognized religious dietary laws, to the extent that the Secretary determines nec- essary to avoid conflict with such require- ments while still effectuating the purposes of this chapter. (b) Territorial exemption The Secretary may, under such sanitary con- ditions as he may by regulations prescribe, ex- empt from the inspection requirements of this chapter the slaughter of poultry, and the proc- essing of poultry products, by any person in any Territory not organized with a legislative body, solely for distribution within such Territory, when the Secretary determines that it is im- practicable to provide such inspection within the limits of funds appropriated for administra- tion of this chapter and that such exemption will aid in the effective administration of this chapter. (c) Personal slaughtering; custom slaughtering; name and address of the poultry producer or processor in lieu of other labeling require- ments; small enterprises; slaughterers or processors of specified number of turkeys; poultry producers raising poultry on own farms (1) The Secretary shall, by regulation and under such conditions, including sanitary stand- ards, practices, and procedures, as he may pre- scribe, exempt from specific provisions of this chapter— (A) the slaughtering by any person of poul- try of his own raising, and the processing by him and transportation in commerce of the poultry products exclusively for use by him and members of his household and his non- paying guests and employees; (B) the custom slaughter by any person of poultry delivered by the owner thereof for such slaughter, and the processing by such slaughterer and transportation in commerce of the poultry products exclusively for use, in the household of such owner, by him and mem- bers of his household and his nonpaying guests and employees: Provided, That such custom slaughterer does not engage in the business of buying or selling any poultry products capable of use as human food; (C) the slaughtering and processing of poul- try products in any State or Territory or the District of Columbia by any poultry producer on his own premises with respect to sound and healthy poultry raised on his premises and the distribution by any person solely within such jurisdiction of the poultry products derived from such operations, if, in lieu of other label- ing requirements, such poultry products are identified with the name and address of such poultry producer, and if they are not other- wise misbranded, and are sound, clean, and fit for human food when so distributed; and (D) the slaughtering of sound and healthy poultry or the processing of poultry products of such poultry in any State or territory or the District of Columbia by any poultry pro- ducer or other person for distribution by him solely within such jurisdiction directly to household consumers, restaurants, hotels, and boarding houses, for use in their own dining rooms, or in the preparation of meals for sales direct to consumers, if, in lieu of other label- ing requirements, such poultry products are identified with the name and address of the processor, and if they are not otherwise mis- branded and are sound, clean, and fit for human food when distributed by such proc- essor. The exemptions provided for in clauses (C) and (D) above shall not apply if the poultry producer or other person engages in the current calendar year in the business of buying or selling any poultry or poultry products other than as speci- fied in such clauses. (2) In addition to the specific exemptions pro- vided herein, the Secretary shall, when he deter- mines that the protection of consumers from adulterated or misbranded poultry products will not be impaired by such action, provide by regu- lation, consistent with subparagraph (3), for the exemption of the operation and products of small enterprises (including poultry producers), not exempted under subparagraph (1), which are engaged in any State or Territory or the Dis- trict of Columbia in slaughtering and/or cutting up poultry for distribution as carcasses or parts thereof solely for distribution within such juris- diction, from such provisions of this chapter as he deems appropriate, while still protecting the public from adulterated or misbranded products, under such conditions, including sanitary re- quirements, as he shall prescribe to effectuate the purposes of this chapter.