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21 U.S.C. § 467aAdministrative detention; duration; pending judicial proceedings; notification of government authorities; release; removal of official marks

submitted 58 years ago by Pub. L. 85-172 to r/title-21-FOOD-AND-DRUGS · 233 words · no verdicts yet

in plain englishAI-generated · not legal advice

An inspector may detain poultry products suspected of being adulterated, mislabeled, or illegally distributed. This hold can last up to twenty days, and no one may move the items during that time. Official marks may be removed unless the Secretary is satisfied the items still qualify.

This section is a single, undivided provision. Whenever an authorized representative of the Secretary finds a poultry product — or a product exempted from that definition, or a dead, dying, disabled, or diseased bird — on premises where it's held for or after distribution in commerce, or otherwise covered by this chapter, the representative may detain it. This can happen if there's reason to believe the item is adulterated or misbranded and usable as human food, or that it hasn't been inspected as this chapter or another federal or state law requires, or that it has been or will be distributed illegally. The detention can last up to twenty days, while the Secretary decides whether to start a seizure case under section 467b, or notifies other federal, state, or governmental authorities with jurisdiction over the item. During that time, no one may move the detained item from where it was found. Before release, the representative may require all official inspection marks to be removed from the item — unless the Secretary is satisfied that the item is still eligible to keep those marks.
the actual law source: uscode.house.gov ↗public domain

Whenever any poultry product, or any product exempted from the definition of a poultry product, or any dead, dying, disabled, or diseased poultry is found by any authorized representative of the Secretary upon any premises where it is held for purposes of, or during or after distribution in, commerce or otherwise subject to this chapter, and there is reason to believe that any such article is adulterated or misbranded and is capable of use as human food, or that it has not been inspected, in violation of the provisions of this chapter or of any other Federal law or the laws of any State or Territory, or the District of Columbia, or that it has been or is intended to be, distributed in violation of any such provisions, it may be detained by such representative for a period not to exceed twenty days, pending action under section 467b of this title or notification of any Federal, State, or other governmental authorities having jurisdiction over such article or poultry, and shall not be moved by any person, from the place at which it is located when so detained, until released by such representative. All official marks may be required by such representative to be removed from such article or poultry before it is released unless it appears to the satisfaction of the Secretary that the article or poultry is eligible to retain such marks.

Source credit: (Pub. L. 85–172, § 19, as added Pub. L. 90–492, § 17, Aug. 18, 1968, 82 Stat. 805.)

history & why it existsrecord from the source credit
  • 1968Enacted · Pub. L. 85-172 · 82 Stat. 805

A history note hasn’t been published yet. The record shows enactment by Pub. L. 85-172 on 1968-08-18.

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