
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: 21USC455]

 
                        TITLE 21--FOOD AND DRUGS
 
           CHAPTER 10--POULTRY AND POULTRY PRODUCTS INSPECTION
 
Sec. 455. Inspection in official establishments


(a) 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.

(b) 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.

(c) 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.

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


                               Amendments

    1968--Par. (a). Pub. L. 90-492, Sec. 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, Sec. 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, Sec. 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''.


                    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, Sec. 1(a) [title VII, Sec. 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).''

                  Section Referred to in Other Sections

    This section is referred to in sections 454, 467 of this title.
