21 U.S.C. § 460 — Miscellaneous activities subject to regulation

submitted 69 years ago by Pub. L. 85-172 to r/title-21-FOOD-AND-DRUGS · 933 words · no verdicts yet

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Poultry not meant for human food must be marked or treated so it can't be mistaken for food before it's sold or shipped. People who slaughter, process, buy, sell, transport, render, or import poultry must keep records for up to two years and let inspectors examine their business, and many of them must register with the Secretary of Agriculture.

(a) Poultry slaughterhouses and processors don't get federal inspection for poultry not meant to be human food. But before that poultry can be sold or shipped, it must be marked or treated ("denatured") so people won't use it for food — unless it's naturally inedible anyway. No one can buy, sell, ship, offer to ship, or import poultry not meant for human food unless it has been denatured or marked this way, or is naturally inedible. (b) Certain people must keep records — for up to two years, unless the Secretary extends that for good reason — to help enforce this law and protect consumers from adulterated or mislabeled poultry. They must also let the Secretary's inspectors into their places of business at all reasonable times, let them examine facilities, inventory, and records, copy the records, and take reasonable samples (paying fair value for them). This applies to: (1) anyone who slaughters poultry, or processes, freezes, packages, or labels poultry carcasses or parts for commerce, as human or animal food; (2) anyone who buys, sells, transports, stores, or imports poultry carcasses or parts for commerce; and (3) anyone in the rendering business, or who buys, sells, transports, or imports poultry that died other than by slaughter (dead, dying, disabled, or diseased birds). (c) No one can act as a poultry products broker, renderer, or animal food maker in commerce; or as a wholesaler, public warehouseman, or trader in dead, dying, disabled, or diseased poultry, without registering their name, business addresses, and trade names with the Secretary, whenever the Secretary's regulations require it. (d) Anyone in the business of buying, selling, transporting, or importing dead, dying, disabled, or diseased poultry (that died other than by slaughter) must follow the Secretary's regulations for doing so, designed to keep that poultry and its unwholesome parts out of the human food supply. (e) The Secretary's power under (b), (c), and (d) over people doing this kind of business in interstate commerce can also be applied to people doing the same business only within one state or territory — but only if the Secretary decides, after consulting an advisory committee, that the state's own laws aren't at least as strong, or aren't enforced that way (including giving inspectors the same access, examination, and sampling rights). In that case, those state-level businesses are treated exactly as if they were operating in interstate commerce.

the actual law source: uscode.house.gov ↗public domain

(a) Prohibition of inspection of articles not intended for use as human food; denaturation or other identification prior to distribution in commerce; inedible articles

Inspection shall not be provided under this chapter at any establishment for the slaughter of poultry or the processing of any carcasses or parts or products of poultry, which are not intended for use as human food, but such articles shall, prior to their offer for sale or transportation in commerce, unless naturally inedible by humans, be denatured or otherwise identified as prescribed by regulations of the Secretary to deter their use for human food. No person shall buy, sell, transport, or offer for sale or transportation, or receive for transportation, in commerce, or import, any poultry carcasses or parts or products thereof which are not intended for use as human food unless they are denatured or otherwise identified as required by the regulations of the Secretary or are naturally inedible by humans.

(b) Recordkeeping requirements; persons liable; scope of disclosure; access to places of business; examination of records, facilities, and inventories; copies; samples

The following classes of persons shall, for such period of time as the Secretary may by regulations prescribe, not to exceed two years unless otherwise directed by the Secretary for good cause shown, keep such records as are properly necessary for the effective enforcement of this chapter in order to insure against adulterated or misbranded poultry products for the American consumer; and all persons subject to such requirements shall, at all reasonable times, upon notice by a duly authorized representative of the Secretary, afford such representative access to their places of business and opportunity to examine the facilities, inventory, and records thereof, to copy all such records, and to take reasonable samples of their inventory upon payment of the fair market value therefor—

(1)

Any person that engages in the business of slaughtering any poultry or processing, freezing, packaging, or labeling any carcasses, or parts or products of carcasses, of any poultry, for commerce, for use as human food or animal food;

(2)

Any person that engages in the business of buying or selling (as poultry products brokers, wholesalers or otherwise), or transporting, in commerce, or storing in or for commerce, or importing, any carcasses, or parts or products of carcasses, of any poultry;

(3)

Any person that engages in business, in or for commerce, as a renderer, or engages in the business of buying, selling, or transporting, in commerce, or importing, any dead, dying, disabled, or diseased poultry or parts of the carcasses of any poultry that died otherwise than by slaughter.

No person shall engage in business, in or for commerce, as a poultry products broker, renderer, or animal food manufacturer, or engage in business in commerce as a wholesaler of any carcasses, or parts or products of the carcasses, of any poultry, whether intended for human food or other purposes, or engage in business as a public warehouseman storing any such articles in or for commerce, or engage in the business of buying, selling, or transporting in commerce, or importing, any dead, dying, disabled, or diseased poultry, or parts of the carcasses of any poultry that died otherwise than by slaughter, unless when required by regulations of the Secretary, he has registered with the Secretary his name, and the address of each place of business at which, and all trade names under which, he conducts such business.

(d) Regulation of transactions, transportation, or importation of dead, dying, disabled or diseased poultry or carcasses to prevent use as human food

No person engaged in the business of buying, selling, or transporting in commerce, or importing, dead, dying, disabled, or diseased poultry, or any parts of the carcasses of any poultry that died otherwise than by slaughter, shall buy, sell, transport, offer for sale or transportation, or receive for transportation, in commerce, or import, any dead, dying, disabled, or diseased poultry or parts of the carcasses of any poultry that died otherwise than by slaughter, unless such transaction, transportation or importation is made in accordance with such regulations as the Secretary may prescribe to assure that such poultry, or the unwholesome parts or products thereof, will be prevented from being used for human food.

(e) Federal provisions applicable to State or Territorial business transactions of a local nature and not subject to local authority

The authority conferred on the Secretary by paragraph (b), (c), or (d) of this section with respect to persons engaged in the specified kinds of business in or for commerce may be exercised with respect to persons engaged, in any State or organized territory, in such kinds of business but not in or for commerce, whenever the Secretary determines, after consultation with an appropriate advisory committee provided for in section 454 of this title, that the State or territory does not have at least equal authority under its laws or such authority is not exercised in a manner to effectuate the purposes of this chapter, including the State or territory providing for the Secretary or his representative being afforded access to such places of business and the facilities, inventories, and records thereof, and the taking of reasonable samples, where he determines necessary in carrying out his responsibilities under this chapter; and in such case the provisions of paragraph (b), (c), or (d) of this section, respectively, shall apply to such persons to the same extent and in the same manner as if they were engaged in such business in or for commerce and the transactions involved were in commerce.

Source credit: (Pub. L. 85–172, § 11, Aug. 28, 1957, 71 Stat. 446; Pub. L. 90–492, § 11, Aug. 18, 1968, 82 Stat. 801.)

history & why it existsrecord from the source credit

1957Enacted · Pub. L. 85-172 · 71 Stat. 446
1968Amended · Pub. L. 90-492 · 82 Stat. 801

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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