§ 466. Imports

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.

1. 1957

   Poultry Products Inspection Act

   Pub. L. 85–172 § 17 · 71 Stat. 441

   Enacted · 21 U.S.C. § 466

   Pub. L. 85–172, § 17, Aug. 28, 1957, 71 Stat. 448

   Source evidence

   Code source credit
   Pub. L. 85–172, § 17, Aug. 28, 1957, 71 Stat. 448

   Enacted provision · exact public law section
   Sec. 17. imports (a) No slaughtered poultry, or parts or products thereof, of any kind shall be imported into the United States unless they are healthful, wholesome, fit for human food, not adulterated, and contain no dye, chemical, preservative, or ingredient which renders them unhealthful, unwholesome, adulterated, or unfit for human food and unless they also comply with the rules and regulations made by the Secretary of Agriculture to assure that imported poultry or poultry products comply with the standards provided for in this Act. All imported, slaughtered poultry, or parts or products thereof, shall after entry into the United States in compliance with such rules and regulations be deemed and treated as domestic slaughtered poultry, or parts or products thereof, within the meaning and subject to the 52 Stat. 1040. 21 USC 301. provisions of this Act and the Federal Food, Drug, and Cosmetic Act, and Acts amendatory of, supplemental to, or in substitution for such Acts. (b) The Secretary of Agriculture is authorized to make rules and regulations to carry out the purposes of this section and in such rules and regulations the Secretary or Agriculture may prescribe the terms and conditions for the destruction of all slaughtered poultry, or parts or products thereof, offered for entry and refused admission into the United States unless such slaughtered poultry, or parts or products thereof, be exported by the consignee within the time fixed therefor in such rules and regulations. (c) All charges for storage, cartage, and labor with respect to any product which is refused admission pursuant to this section shall be paid by the owner or consignee, and in default of such payment shall constitute a lien against any other products imported thereafter by or for such owner or consignee.

2. 1985

   Food Security Act of 1985

   Pub. L. 99–198 title XVII § 1701(a) · 99 Stat. 1354

   Added · 21 U.S.C. § 466(d)

   Pub. L. 99–198 added par. (d)

   Source evidence

   Code amendment note
   Par. (d). Pub. L. 99–198 added par. (d).

   Enacted provision · exact public law section
   (a) Section 17 of the Poultry Products Inspection Act (21 U.S.C. 466) is amended by adding at the end thereof the following new subsection: “(d) (1) Notwithstanding any other provision of law, all poultry, or parts or products thereof, capable of use as human food offered for importation into the United States shall— “(A) be subject to the same inspection, sanitary, quality, species verification, and residue standards applied to products produced in the United States; and “(B) have been processed in facilities and under conditions that are the same as those under which similar products are processed in the United States. “(2) Any such imported poultry article that does not meet such Prohibition. standards shall not be permitted entry into the United States. “(3) The Secretary shall enforce this subsection through— “(A) random inspections for such species verification and for residues; and “(B) random sampling and testing of internal organs and fat of carcasses for residues at the point of slaughter by the exporting country, in accordance with methods approved by the Secretary.”.

3. 1993

   North American Free Trade Agreement Implementation Act

   Pub. L. 103–182 title III § 361(e) · 107 Stat. 2057

   1. Inserted · 21 U.S.C. § 466(d)

      Pub. L. 103–182, in par. (1), inserted “except as provided in paragraph (2),” before “all poultry” in introductory provisions

   2. Added · 21 U.S.C. § 466(d)

      Pub. L. 103–182, in par. (1), added par. (2)

   3. Redesignated · 21 U.S.C. § 466(d)

      Pub. L. 103–182, in par. (1), redesignated former pars. (2) and (3) as (3) and (4), respectively

   Source evidence

   Code amendment note
   Subsec. (d). Pub. L. 103–182, in par. (1), inserted “except as provided in paragraph (2),” before “all poultry” in introductory provisions, added par. (2), and redesignated former pars. (2) and (3) as (3) and (4), respectively.

   Enacted provision · exact public law section
   (e) Poultry Products Inspection Act.— Section 17(d) of the Poultry Products Inspection Act (21 U.S.C. 466(d)) is amended— (1) in paragraph (1), by inserting after “Notwithstanding any other provision of law,” the following: “except as provided in paragraph (2),”; (2) by redesignating paragraphs (2) and (3) as paragraphs (3) and (4), respectively; and (3) by inserting after paragraph (1) the following new paragraph: “(2) (A) Notwithstanding any other provision of law, all poultry, or parts or products of poultry, capable of use as human food offered for importation into the United States from Canada and Mexico shall— “(i) comply with paragraph (1); or “(ii) (I) be subject to inspection, sanitary, quality, species verification, and residue standards that are equivalent to United States standards; and “(II) have been processed in facilities and under conditions that meet standards that are equivalent to United States standards. “(B) The Secretary may treat as equivalent to a United States standard a standard of Canada or Mexico described in subparagraph (A)(ii) if the exporting country provides the Secretary with scientific evidence or other information, in accordance with risk assessment methodologies agreed to by the Secretary and the exporting country, to demonstrate that the standard of the exporting country achieves the level of protection that the Secretary considers appropriate. “(C) The Secretary may— “(i) determine, on a scientific basis, that the standard of the exporting country does not achieve the level of protection that the Secretary considers appropriate; and “(ii) provide the basis for the determination in writing to the exporting country on request.”.

4. 1994

   Pub. L. 103–465 § 431(k)(1) · 108 Stat. 4809

   Amended · 21 U.S.C. § 466(d)(1)

   Pub. L. 103–465, § 431(k)(1), amended par. (1) generally. Prior to amendment, par. (1) read as follows: “Notwithstanding any other provision of law, except as provided in paragraph (2), all poultry, or parts or products thereof, capable of use as human food offered for importation into the United States shall—

   Source evidence

   Code amendment note
   Subsec. (d)(1). Pub. L. 103–465, § 431(k)(1), amended par. (1) generally. Prior to amendment, par. (1) read as follows: “Notwithstanding any other provision of law, except as provided in paragraph (2), all poultry, or parts or products thereof, capable of use as human food offered for importation into the United States shall—

   “(A) be subject to the same inspection, sanitary, quality, species verification, and residue standards applied to products produced in the United States; and “(B) have been processed in facilities and under conditions that are the same as those under which similar products are processed in the United States.”

   Enacted provision · exact public law section
   (1) by amending paragraph (1) to read as follows: “(1) Notwithstanding any other provision of law, all poultry, or parts or products of poultry, capable of use as human food offered for importation into the United States shall— “(A) be subject to inspection, sanitary, quality, species verification, and residue standards that achieve a level of sanitary protection equivalent to that achieved under United States standards; and “(B) have been processed in facilities and under conditions that achieve a level of sanitary protection equivalent to that achieved under United States standards.”; and

   Effective date note
   Amendment by Pub. L. 103–465 effective, except as otherwise provided, on the date of entry into force of the World Trade Organization Agreement with respect to the United States (Jan. 1, 1995), see section 451 of Pub. L. 103–465, set out as an Effective Date note under section 3601 of Title 19, Customs Duties.

5. 1994

   Pub. L. 103–465 § 431(k)(2)(A) · 108 Stat. 4809

   Amended · 21 U.S.C. § 466(d)(2)(A)

   Pub. L. 103–465, § 431(k)(2)(A), amended subpar. (A) generally. Prior to amendment, subpar. (A) read as follows: “Notwithstanding any other provision of law, all poultry, or parts or products of poultry, capable of use as human food offered for importation into the United States from Canada and Mexico shall—

   Source evidence

   Code amendment note
   Subsec. (d)(2)(A). Pub. L. 103–465, § 431(k)(2)(A), amended subpar. (A) generally. Prior to amendment, subpar. (A) read as follows: “Notwithstanding any other provision of law, all poultry, or parts or products of poultry, capable of use as human food offered for importation into the United States from Canada and Mexico shall—

   “(i) comply with paragraph (1); or “(ii)(I) be subject to inspection, sanitary, quality, species verification, and residue standards that are equivalent to United States standards; and “(II) have been processed in facilities and under conditions that meet standards that are equivalent to United States standards.”

   Enacted provision · exact public law section
   (A) by amending subparagraph (A) to read as follows: “(A) The Secretary may treat as equivalent to a United States standard a standard of an exporting country described in paragraph (1) if the exporting country provides the Secretary with scientific evidence or other information, in accordance with risk assessment methodologies determined appropriate by the Secretary, to demonstrate that the standard oi the exporting country achieves the level of sanitary protection achieved under the United States standard. For the purposes of this subsection, the term ‘sanitary protection’ means protection to safeguard public health.”;

   Effective date note
   Amendment by Pub. L. 103–465 effective, except as otherwise provided, on the date of entry into force of the World Trade Organization Agreement with respect to the United States (Jan. 1, 1995), see section 451 of Pub. L. 103–465, set out as an Effective Date note under section 3601 of Title 19, Customs Duties.

6. 1994

   Pub. L. 103–465 § 431(k)(2)(B) · 108 Stat. 4809

   1. Redesignated · 21 U.S.C. § 466(d)(2)(B); 21 U.S.C. § 466(d)(2)(C)

      Pub. L. 103–465, § 431(k)(2)(B), (C), redesignated subpar. (C) as (B)

   2. Struck · 21 U.S.C. § 466(d)(2)(B); 21 U.S.C. § 466(d)(2)(C)

      Pub. L. 103–465, § 431(k)(2)(B), (C), struck out former subpar. (B) which read as follows: “The Secretary may treat as equivalent to a United States standard a standard of Canada or Mexico described in subparagraph (A)(ii) if the exporting country provides the Secretary with scientific evidence or other information, in accordance with risk assessment methodologies agreed to by the Secretary and the exporting country, to demonstrate that the standard of the exporting country achieves the level of protection that the Secretary considers appropriate.”

   Source evidence

   Code amendment note
   Subsec. (d)(2)(B), (C). Pub. L. 103–465, § 431(k)(2)(B), (C), redesignated subpar. (C) as (B) and struck out former subpar. (B) which read as follows: “The Secretary may treat as equivalent to a United States standard a standard of Canada or Mexico described in subparagraph (A)(ii) if the exporting country provides the Secretary with scientific evidence or other information, in accordance with risk assessment methodologies agreed to by the Secretary and the exporting country, to demonstrate that the standard of the exporting country achieves the level of protection that the Secretary considers appropriate.”

   Enacted provision · exact public law section
   (B) by striking subparagraph (B); and

   Effective date note
   Amendment by Pub. L. 103–465 effective, except as otherwise provided, on the date of entry into force of the World Trade Organization Agreement with respect to the United States (Jan. 1, 1995), see section 451 of Pub. L. 103–465, set out as an Effective Date note under section 3601 of Title 19, Customs Duties.

9 of 9 references resolved to an enrolled provision