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21 U.S.C. § 455Inspection in official establishments

submitted 69 years ago by Pub. L. 85-172 to r/title-21-FOOD-AND-DRUGS · 310 words · no verdicts yet

in plain englishAI-generated · not legal advice

The Secretary of Agriculture must inspect poultry before and after slaughter at official plants. This stops adulterated poultry products from reaching the market. Any adulterated product gets condemned, though it can be reprocessed or appealed first.

(a) Ante mortem inspection: To stop adulterated poultry products, that could be used as human food, from entering, flowing through, or burdening commerce, the Secretary must — wherever and to whatever extent the Secretary considers necessary — have inspectors check poultry before slaughter, at every official establishment that processes poultry or poultry products for commerce, or is otherwise covered by this chapter. (b) Post mortem inspection; quarantine, segregation, and reinspection: Whenever processing operations are happening, the Secretary must have inspectors check the carcass of every bird after slaughter. The Secretary may also order any quarantine, segregation, and reinspection the Secretary considers necessary, of poultry and poultry products that could be used as human food, at every official establishment covered by this chapter. (c) Condemnation; appeal; reprocessing: Every poultry carcass, part, or other poultry product found adulterated must be condemned. If no appeal is taken, it must be destroyed for human-food purposes under an inspector's supervision — unless it can be reprocessed so it's no longer adulterated, in which case it doesn't have to be destroyed, as long as an inspector supervises the reprocessing and it's later found not adulterated. If an appeal is taken, the carcass, part, or product must be properly marked and kept separate until the appeal inspection is complete — and the appellant pays for that inspection if the Secretary decides the appeal is frivolous. If the condemnation is upheld, the carcass, part, or product must then be destroyed for human-food purposes under an inspector's supervision.
the actual law source: uscode.house.gov ↗public domain
(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.

Source credit: (Pub. L. 85–172, § 6, Aug. 28, 1957, 71 Stat. 443; Pub. L. 90–492, § 6, Aug. 18, 1968, 82 Stat. 798.)

history & why it existsrecord from the source credit
  • 1957Enacted · Pub. L. 85-172 · 71 Stat. 443
  • 1968Amended · Pub. L. 90-492 · 82 Stat. 798

A history note hasn’t been published yet. The record shows enactment by Pub. L. 85-172 on 1957-08-28.

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