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21 U.S.C. § 458Prohibited acts

submitted 69 years ago by Pub. L. 85-172 to r/title-21-FOOD-AND-DRUGS · 487 words · no verdicts yet

in plain englishAI-generated · not legal advice

This law bans several acts involving poultry sold or shipped across state lines. No one may process poultry without following inspection rules, or sell adulterated, misbranded, or uninspected products. No one may forge, misuse, or fail to use official inspection marks and certificates as required.

(a) This subsection bans five things: (1) Slaughtering poultry or processing poultry products for commerce (at a plant covered by this chapter) without following this chapter's requirements. (2) Selling, transporting, offering, or receiving for transportation, in commerce: (A) poultry products that are adulterated or misbranded at that time, or (B) poultry products required to be inspected under this chapter that have not actually been inspected and passed. (3) Doing anything to poultry products, while they're being transported in commerce or held for sale afterward, that is meant to make them — or does make them — adulterated or misbranded. (4) Selling, transporting, offering, or receiving for transportation slaughtered poultry (in commerce or from an official plant) that still has its blood, feathers, feet, head, or organs, unless the Secretary's rules allow it. (5) Using, for personal advantage, or revealing (except to authorized government representatives, or as a court orders in a legal proceeding) any information gained under this chapter that qualifies as a protected trade secret. (b) No manufacturer, printer, or other person may make any device with an official mark or a copy of one, any label with such a mark or copy, or any official certificate or a copy of one — unless the Secretary authorizes it. (c) This subsection bans six more things: (1) Forging any official device, mark, or certificate. (2) Using any official device, mark, or certificate (or a copy) without the Secretary's authorization, or altering, detaching, defacing, or destroying one. (3) Failing to use — or detaching, defacing, or destroying — an official device, mark, or certificate, against the Secretary's rules. (4) Knowingly possessing (without promptly telling the Secretary) any official device, or any counterfeit, fake, forged, or improperly changed official certificate, device, label, or poultry carcass/part/product bearing such a fake mark. (5) Knowingly making a false statement in a shipper's certificate or any other required certificate. (6) Knowingly claiming an article was inspected and passed (or exempted) under this chapter when it actually was not.
the actual law source: uscode.house.gov ↗public domain
(a)

No person shall—

(1)

slaughter any poultry or process any poultry products which are capable of use as human food at any establishment processing any such articles for commerce, except in compliance with the requirements of this chapter;

(2)

sell, transport, offer for sale or transportation, or receive for transportation, in commerce, (A) any poultry products which are capable of use as human food and are adulterated or misbranded at the time of such sale, transportation, offer for sale or transportation, or receipt for transportation; or (B) any poultry products required to be inspected under this chapter unless they have been so inspected and passed;

(3)

do, with respect to any poultry products which are capable of use as human food, any act while they are being transported in commerce or held for sale after such transportation, which is intended to cause or has the effect of causing such products to be adulterated or misbranded;

(4)

sell, transport, offer for sale or transportation, or receive for transportation, in commerce or from an official establishment, any slaughtered poultry from which the blood, feathers, feet, head, or viscera have not been removed in accordance with regulations promulgated by the Secretary, except as may be authorized by regulations of the Secretary;

(5)

use to his own advantage, or reveal other than to the authorized representatives of the United States Government or any State or other government in their official capacity, or as ordered by a court in any judicial proceedings, any information acquired under the authority of this chapter concerning any matter which is entitled to protection as a trade secret.

(b)

No brand manufacturer, printer, or other person shall cast, print, lithograph, or otherwise make any device containing any official mark or simulation thereof, or any label bearing any such mark or simulation, or any form of official certificate or simulation thereof, except as authorized by the Secretary.

(c)

No person shall—

(1)

forge any official device, mark, or certificate;

(2)

without authorization from the Secretary use any official device, mark, or certificate, or simulation thereof, or alter, detach, deface, or destroy any official device, mark, or certificate;

(3)

contrary to the regulations prescribed by the Secretary, fail to use, or to detach, deface, or destroy any official device, mark, or certificate;

(4)

knowingly possess, without promptly notifying the Secretary or his representative, any official device or any counterfeit, simulated, forged, or improperly altered official certificate or any device or label or any carcass of any poultry, or part or product thereof, bearing any counterfeit, simulated, forged, or improperly altered official mark;

(5)

knowingly make any false statement in any shipper’s certificate or other nonofficial or official certificate provided for in the regulations prescribed by the Secretary; or

(6)

knowingly represent that any article has been inspected and passed, or exempted, under this chapter when, in fact, it has respectively, not been so inspected and passed, or exempted.

Source credit: (Pub. L. 85–172, § 9, Aug. 28, 1957, 71 Stat. 445; Pub. L. 90–492, § 9, Aug. 18, 1968, 82 Stat. 800.)

history & why it existsrecord from the source credit
  • 1957Enacted · Pub. L. 85-172 · 71 Stat. 445
  • 1968Amended · Pub. L. 90-492 · 82 Stat. 800

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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