§ 455. Inspection in official establishments

Statutory text

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.

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.

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.

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1957
Poultry Products Inspection Act
Pub. L. 85–172 § 6 · 71 Stat. 441
Enacted · 21 U.S.C. § 455
Pub. L. 85–172, § 6, Aug. 28, 1957, 71 Stat. 443
Source evidence
Code source credit
Pub. L. 85–172, § 6, Aug. 28, 1957, 71 Stat. 443
Enacted provision · exact public law section
Sec. 6. ante mortem and post mortem inspection, reinspection, and quarantine (a) For the purpose of preventing the entry into or flow or movement in commerce or a designated major consuming area of any poultry product which is unwholesome or 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 any official establishment processing poultry or poultry products for commerce or in. or for marketing in a designated city or area. (b) 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, reinspection as he deems necessary of poultry and poultry products in each official establishment processing such poultry or poultry products for commerce or in, or for marketing in a designated city or area. (e) All poultry carcasses and parts thereof and poultry products found to be unwholesome or 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 unwholesome and not adulterated, need not be so condemned and destroyed if so reprocessed under the supervision of an inspector and thereafter found to be not unwholesome and 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.
1968
Wholesome Poultry Products Act
Pub. L. 90–492 § 6(a) · 82 Stat. 791
1. Substituted · 21 U.S.C. § 455(a)
  Pub. L. 90–492, § 6(a), substituted “of, or the burdening of commerce by, any poultry product which is capable of use as human food and is adulterated,” for “or a designated major consuming area of any poultry product which is unwholesome or adulterated,”
2. Substituted · 21 U.S.C. § 455(a)
  Pub. L. 90–492, § 6(a), substituted “each official establishment” for “any official establishment”
3. Substituted · 21 U.S.C. § 455(a)
  Pub. L. 90–492, § 6(a), substituted “otherwise subject to inspection under this chapter” for “in, or for marketing in a designated city or area”
Source evidence
Code amendment note
Par. (a). Pub. L. 90–492, § 6(a), substituted “of, or the burdening of commerce by, any poultry product which is capable of use as human food and is adulterated,” for “or a designated major consuming area of any poultry product which is unwholesome or adulterated,” “each official establishment” for “any official establishment”, and “otherwise subject to inspection under this chapter” for “in, or for marketing in a designated city or area”.
Enacted provision · exact public law section
(a) Paragraph (a) is amended to read: “(a) For the purpose of presenting 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 Act.”
Effective date note
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.
1968
Wholesome Poultry Products Act
Pub. L. 90–492 § 6(b) · 82 Stat. 791
1. Substituted · 21 U.S.C. § 455(b)
  Pub. L. 90–492, § 6(b), substituted “segregation, and reinspection” for “segregation, reinspection”
2. Substituted · 21 U.S.C. § 455(b)
  Pub. L. 90–492, § 6(b), substituted “otherwise subject to inspection under this chapter” for “in, or for marketing in a designated city or area”
3. Inserted · 21 U.S.C. § 455(b)
  Pub. L. 90–492, § 6(b), inserted “capable of use as human food” after “necessary of poultry and poultry products”
Source evidence
Code amendment note
Par. (b). Pub. L. 90–492, § 6(b), substituted “segregation, and reinspection” for “segregation, reinspection”, and “otherwise subject to inspection under this chapter” for “in, or for marketing in a designated city or area”, and inserted “capable of use as human food” after “necessary of poultry and poultry products”.
Enacted provision · exact public law section
(b) Paragraph (b) is amended by deleting the phrase “in, or for marketing in a designated city or area” and substituting the phrase “otherwise subject to inspection under this Act”; by inserting the word “and” before the word “reinspection”; and by inserting the phrase “capable of use as human food” after the phrase “poultry products” the first time the latter phrase appears in the paragraph.
Effective date note
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.
1968
Wholesome Poultry Products Act
Pub. L. 90–492 § 6(c) · 82 Stat. 791
1. Inserted · 21 U.S.C. § 455(c)
  Pub. L. 90–492, § 6(c), inserted “other” before “poultry products”
2. Substituted · 21 U.S.C. § 455(c)
  Pub. L. 90–492, § 6(c), substituted “to be adulterated” for “to be unwholesome or adulterated”
3. Substituted · 21 U.S.C. § 455(c)
  Pub. L. 90–492, § 6(c), substituted “made not adulterated” for “made not unwholesome and not adulterated”
4. Substituted · 21 U.S.C. § 455(c)
  Pub. L. 90–492, § 6(c), substituted “to be not adulterated” for “to be not unwholesome and not adulterated”
Source evidence
Code amendment note
Par. (c). Pub. L. 90–492, § 6(c), inserted “other” before “poultry products”, and substituted “to be adulterated” for “to be unwholesome or adulterated”, “made not adulterated” for “made not unwholesome and not adulterated”, and “to be not adulterated” for “to be not unwholesome and not adulterated”.
Enacted provision · exact public law section
(c) Paragraph (c) is amended by deleting the phrase, “unwholesome or” and the phrase “not unwholesome and” each time they appear therein; and by inserting the word “other” before the phrase “poultry products”.
Effective date note
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.

11 of 11 references resolved to an enrolled provision

Editorial Notes

Amendments

1968—Par. (a). Pub. L. 90–492, § 6(a), substituted “of, or the burdening of commerce by, any poultry product which is capable of use as human food and is adulterated,” for “or a designated major consuming area of any poultry product which is unwholesome or adulterated,” “each official establishment” for “any official establishment”, and “otherwise subject to inspection under this chapter” for “in, or for marketing in a designated city or area”.

Par. (b). Pub. L. 90–492, § 6(b), substituted “segregation, and reinspection” for “segregation, reinspection”, and “otherwise subject to inspection under this chapter” for “in, or for marketing in a designated city or area”, and inserted “capable of use as human food” after “necessary of poultry and poultry products”.

Par. (c). Pub. L. 90–492, § 6(c), inserted “other” before “poultry products”, and substituted “to be adulterated” for “to be unwholesome or adulterated”, “made not adulterated” for “made not unwholesome and not adulterated”, and “to be not adulterated” for “to be not unwholesome and not adulterated”.

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.

Applicability of Chapter Requirements to Birds of the Order Ratitae

Pub. L. 106–387, § 1(a) [title VII, § 752], Oct. 28, 2000, 114 Stat. 1549, 1549A–41, provided that: “Effective 180 days after the date of the enactment of this Act [Oct. 28, 2000] and continuing for the remainder of fiscal year 2001 and each subsequent fiscal year, establishments in the United States that slaughter or process birds of the order Ratitae, such as ostriches, emus and rheas, and squab, for distribution in commerce as human food shall be subject to the ante mortem and post mortem inspection, reinspection, and sanitation requirements of the Poultry Products Inspection Act (21 U.S.C. 451 et seq.) rather than the voluntary poultry inspection program of the Department of Agriculture under section 203 of the Agricultural Marketing Act of 1946 (7 U.S.C. 1622).”

Credits

1957–1968 · 2 acts

1957Pub. L. 85–172, § 6, Aug. 28, 1957, 71 Stat. 443
1968Pub. L. 90–492, § 6, Aug. 18, 1968, 82 Stat. 798.

Show as published

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