
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 21USC453]

 
                        TITLE 21--FOOD AND DRUGS
 
           CHAPTER 10--POULTRY AND POULTRY PRODUCTS INSPECTION
 
Sec. 453. Definitions

    For purposes of this chapter--
    (a) The term ``commerce'' means commerce between any State, any 
territory, or the District of Columbia, and any place outside thereof; 
or within any territory not organized with a legislative body, or the 
District of Columbia.
    (b) Except as otherwise provided in this chapter, the term ``State'' 
means any State of the United States and the Commonwealth of Puerto 
Rico.
    (c) The term ``territory'' means Guam, the Virgin Islands of the 
United States, American Samoa, and any other territory or possession of 
the United States, excluding the Canal Zone.
    (d) The term ``United States'' means the States, the District of 
Columbia, and the territories of the United States.
    (e) The term ``poultry'' means any domesticated bird, whether live 
or dead.
    (f) The term ``poultry product'' means any poultry carcass, or part 
thereof; or any product which is made wholly or in part from any poultry 
carcass or part thereof, excepting products which contain poultry 
ingredients only in a relatively small proportion or historically have 
not been considered by consumers as products of the poultry food 
industry, and which are exempted by the Secretary from definition as a 
poultry product under such conditions as the Secretary may prescribe to 
assure that the poultry ingredients in such products are not adulterated 
and that such products are not represented as poultry products.
    (g) The term ``adulterated'' shall apply to any poultry product 
under one or more of the following circumstances:
        (1) if it bears or contains any poisonous or deleterious 
    substance which may render it injurious to health; but in case the 
    substance is not an added substance, such article shall not be 
    considered adulterated under this clause if the quantity of such 
    substance in or on such article does not ordinarily render it 
    injurious to health;
        (2)(A) if it bears or contains (by reason of administration of 
    any substance to the live poultry or otherwise) any added poisonous 
    or added deleterious substance (other than one which is (i) a 
    pesticide chemical in or on a raw agricultural commodity; (ii) a 
    food additive; or (iii) a color additive) which may, in the judgment 
    of the Secretary, make such article unfit for human food;
        (B) if it is, in whole or in part, a raw agricultural commodity 
    and such commodity bears or contains a pesticide chemical which is 
    unsafe within the meaning of section 346a of this title;
        (C) if it bears or contains any food additive which is unsafe 
    within the meaning of section 348 of this title;
        (D) if it bears or contains any color additive which is unsafe 
    within the meaning of section 379e of this title: Provided, That an 
    article which is not otherwise deemed adulterated under clause (B), 
    (C), or (D) shall nevertheless be deemed adulterated if use of the 
    pesticide chemical, food additive, or color additive in or on such 
    article is prohibited by regulations of the Secretary in official 
    establishments;
        (3) if it consists in whole or in part of any filthy, putrid, or 
    decomposed substance or is for any other reason unsound, 
    unhealthful, unwholesome, or otherwise unfit for human food;
        (4) if it has been prepared, packed, or held under insanitary 
    conditions whereby it may have become contaminated with filth, or 
    whereby it may have been rendered injurious to health;
        (5) if it is, in whole or in part, the product of any poultry 
    which has died otherwise than by slaughter;
        (6) if its container is composed, in whole or in part, of any 
    poisonous or deleterious substance which may render the contents 
    injurious to health;
        (7) if it has been intentionally subjected to radiation, unless 
    the use of the radiation was in conformity with a regulation or 
    exemption in effect pursuant to section 348 of this title;
        (8) if any valuable constituent has been in whole or in part 
    omitted or abstracted therefrom; or if any substance has been 
    substituted, wholly or in part therefor; or if damage or inferiority 
    has been concealed in any manner; or if any substance has been added 
    thereto or mixed or packed therewith so as to increase its bulk or 
    weight, or reduce its quality or strength, or make it appear better 
    or of greater value than it is.

    (h) The term ``misbranded'' shall apply to any poultry product under 
one or more of the following circumstances:
        (1) if its labeling is false or misleading in any particular;
        (2) if it is offered for sale under the name of another food;
        (3) if it is an imitation of another food, unless its label 
    bears, in type of uniform size and prominence, the word 
    ``imitation'' and immediately thereafter, the name of the food 
    imitated;
        (4) if its container is so made, formed, or filled as to be 
    misleading;
        (5) unless it bears a label showing (A) the name and the place 
    of business of the manufacturer, packer, or distributor; and (B) an 
    accurate statement of the quantity of the product in terms of 
    weight, measure, or numerical count: Provided, That under clause (B) 
    of this subparagraph (5), reasonable variations may be permitted, 
    and exemptions as to small packages or articles not in packages or 
    other containers may be established by regulations prescribed by the 
    Secretary;
        (6) if any word, statement, or other information required by or 
    under authority of this chapter to appear on the label or other 
    labeling is not prominently placed thereon with such conspicuousness 
    (as compared with other words, statements, designs, or devices, in 
    the labeling) and in such terms as to render it likely to be read 
    and understood by the ordinary individual under customary conditions 
    of purchase and use;
        (7) if it purports to be or is represented as a food for which a 
    definition and standard of identity or composition has been 
    prescribed by regulations of the Secretary under section 457 of this 
    title unless (A) it conforms to such definition and standard, and 
    (B) its label bears the name of the food specified in the definition 
    and standard and, insofar as may be required by such regulations, 
    the common names of optional ingredients (other than spices, 
    flavoring, and coloring) present in such food;
        (8) if it purports to be or is represented as a food for which a 
    standard or standards of fill of container have been prescribed by 
    regulations of the Secretary under section 457 of this title, and it 
    falls below the standard to fill of container applicable thereto, 
    unless its label bears, in such manner and form as such regulations 
    specify, a statement that it falls below such standard;
        (9) if it is not subject to the provisions of subparagraph (7), 
    unless its label bears (A) the common or usual name of the food, if 
    any there be, and (B) in case it is fabricated from two or more 
    ingredients, the common or usual name of each such ingredient; 
    except that spices, flavorings, and colorings may, when authorized 
    by the Secretary, be designated as spices, flavorings, and colorings 
    without naming each: Provided, That to the extent that compliance 
    with the requirements of clause (B) of this subparagraph (9) is 
    impracticable or results in deception or unfair competition, 
    exemptions shall be established by regulations promulgated by the 
    Secretary;
        (10) if it purports to be or is represented for special dietary 
    uses unless its label bears such information concerning its vitamin, 
    mineral, and other dietary properties as the Secretary, after 
    consultation with the Secretary of Health and Human Services, 
    determines to be, and by regulations prescribes as, necessary in 
    order fully to inform purchasers as to its value for such uses;
        (11) if it bears or contains any artificial flavoring, 
    artificial coloring, or chemical preservative unless it bears 
    labeling stating that fact: Provided, That, to the extent that 
    compliance with the requirements of this subparagraph (11) is 
    impracticable, exemptions shall be established by regulations 
    promulgated by the Secretary; or
        (12) if it fails to bear on its containers, and in the case of 
    nonconsumer packaged carcasses (if the Secretary so requires) 
    directly thereon, as the Secretary may by regulations prescribe, the 
    official inspection legend and official establishment number of the 
    establishment where the article was processed, and, unrestricted by 
    any of the foregoing, such other information as the Secretary may 
    require in such regulations to assure that it will not have false or 
    misleading labeling and that the public will be informed of the 
    manner of handling required to maintain the article in a wholesome 
    condition.

    (i) The term ``Secretary'' means the Secretary of Agriculture or his 
delegate.
    (j) The term ``person'' means any individual, partnership, 
corporation, association, or other business unit.
    (k) The term ``inspector'' means: (1) an employee or official of the 
United States Government authorized by the Secretary to inspect poultry 
and poultry products under the authority of this chapter, or (2) any 
employee or official of the government of any State or territory or the 
District of Columbia authorized by the Secretary to inspect poultry and 
poultry products under authority of this chapter, under an agreement 
entered into between the Secretary and the appropriate State or other 
agency.
    (l) The term ``official mark'' means the official inspection legend 
or any other symbol prescribed by regulation of the Secretary to 
identify the status of any article or poultry under this chapter.
    (m) The term ``official inspection legend'' means any symbol 
prescribed by regulations of the Secretary showing that an article was 
inspected for wholesomeness in accordance with this chapter.
    (n) The term ``official certificate'' means any certificate 
prescribed by regulations of the Secretary for issuance by an inspector 
or other person performing official functions under this chapter.
    (o) The term ``official device'' means any device prescribed or 
authorized by the Secretary for use in applying any official mark.
    (p) The term ``official establishment'' means any establishment as 
determined by the Secretary at which inspection of the slaughter of 
poultry, or the processing of poultry products, is maintained under the 
authority of this chapter.
    (q) The term ``inspection service'' means the official Government 
service within the Department of Agriculture designated by the Secretary 
as having the responsibility for carrying out the provisions of this 
chapter.
    (r) The term ``container'' or ``package'' includes any box, can, 
tin, cloth, plastic, or other receptacle, wrapper, or cover.
    (s) The term ``label'' means a display of written, printed, or 
graphic matter upon any article or the immediate container (not 
including packaged liners) of any article; and the term ``labeling'' 
means all labels and other written, printed, or graphic matter (1) upon 
any article or any of its containers or wrappers, or (2) accompanying 
such article.
    (t) The term ``shipping container'' means any container used or 
intended for use in packaging the product packed in an immediate 
container.
    (u) The term ``immediate container'' includes any consumer package; 
or any other container in which poultry products, not consumer packaged, 
are packed.
    (v) The term ``capable of use as human food'' shall apply to any 
carcass, or part or product of a carcass, of any poultry, unless it is 
denatured or otherwise identified as required by regulations prescribed 
by the Secretary to deter its use as human foods, or it is naturally 
inedible by humans.
    (w) The term ``processed'' means slaughtered, canned, salted, 
stuffed, rendered, boned, cut up, or otherwise manufactured or 
processed.
    (x) The term ``Federal Food, Drug, and Cosmetic Act'' means the Act 
so entitled, approved June 25, 1938 (52 Stat. 1040) [21 U.S.C. 301 et 
seq.], and Acts amendatory thereof or supplementary thereto.
    (y) The terms ``pesticide chemical,'' ``food additive'', ``color 
additive'', and ``raw agricultural commodity'' shall have the same 
meanings for purposes of this chapter as under the Federal Food, Drug, 
and Cosmetic Act [21 U.S.C. 301 et seq.].
    (z) The term ``poultry products broker'' means any person engaged in 
the business of buying or selling poultry products on commission, or 
otherwise negotiating purchases or sales of such articles other than for 
his own account or as an employee of another person.
    (aa) The term ``renderer'' means any person engaged in the business 
of rendering carcasses, or parts or products of the carcasses, of 
poultry, except rendering conducted under inspection or exemption under 
this chapter.
    (bb) The term ``animal food manufacturer'' means any person engaged 
in the business of manufacturing or processing animal food derived 
wholly or in part from carcasses, or parts or products of the carcasses, 
of poultry.

(Pub. L. 85-172, Sec. 4, Aug. 28, 1957, 71 Stat. 441; Pub. L. 87-498, 
June 25, 1962, 76 Stat. 110; Pub. L. 90-492, Sec. 4, Aug. 18, 1968, 82 
Stat. 792; Pub. L. 96-88, title V, Sec. 509(b), Oct. 17, 1979, 93 Stat. 
695; Pub. L. 102-571, title I, Sec. 107(13), Oct. 29, 1992, 106 Stat. 
4499.)

                       References in Text

    The Federal Food, Drug, and Cosmetic Act, referred to in pars. (x) 
and (y), is act June 25, 1938, ch. 675, 52 Stat. 1040, as amended, which 
is classified generally to chapter 9 (Sec. 301 et seq.) of this title. 
For complete classification of this Act to the Code, see section 301 of 
this title and Tables.


                               Amendments

    1992--Subsec. (g)(2)(D). Pub. L. 102-571 substituted ``379e'' for 
``376''.
    1968--Pub. L. 90-492 inserted definitions of ``State'', 
``territory'', ``United States'', ``misbranded'', ``official mark'', 
``official inspection legend'', ``official certificate'', ``official 
device'', ``capable of use as human food'', ``processed'', ``Federal 
Food, Drug, and Cosmetic Act'', ``pesticide chemical'', ``poultry 
products broker'', ``renderer'', and ``animal food manufacturer'', 
revised definitions of ``commerce'', ``poultry'', ``poultry product'', 
``adulterated'', ``Secretary'', ``inspector'', ``container'' or 
``package'', ``label'', and ``immediate container'', reenacted without 
change definitions of ``person'', ``official establishment'', 
``inspection service'', and ``shipping container'', and deleted 
definition of ``wholesome'', ``unwholesome'', and ``official inspection 
mark''.
    1962--Par. (a). Pub. L. 87-498 struck out references to Territories 
or possessions, and inserted definition of ``State''.

                         Change of Name

    ``Secretary of Health and Human Services'' substituted for 
``Secretary of Health, Education, and Welfare'' in par. (h)(10) pursuant 
to section 509(b) of Pub. L. 96-88, which is classified to section 
3508(b) of Title 20, Education.


                    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.

                  Section Referred to in Other Sections

    This section is referred to in sections 454, 457, 461, 464, 467b of 
this title; title 15 sections 2052, 2602.
