
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 21USC457]

 
                        TITLE 21--FOOD AND DRUGS
 
           CHAPTER 10--POULTRY AND POULTRY PRODUCTS INSPECTION
 
Sec. 457. Labeling and container standards


(a) Requirements for shipping containers and immediate containers; 
        nonconsumer packaged carcasses

    All poultry products inspected at any official establishment under 
the authority of this chapter and found to be not adulterated, shall at 
the time they leave the establishment bear, in distinctly legible form, 
on their shipping containers and immediate containers as the Secretary 
may require, the information required under paragraph (h) of section 453 
of this title. In addition, the Secretary whenever he determines such 
action is practicable and necessary for the protection of the public, 
may require nonconsumer packaged carcasses at the time they leave the 
establishment to bear directly thereon in distinctly legible form any 
information required under such paragraph (h).

(b) Labeling requirements; definitions and standards of identity or 
        composition or articles and standards of fill of container; 
        standards consistent with Federal Food, Drug, and Cosmetic Act; 
        consistency between Federal and State standards

    The Secretary, whenever he determines such action is necessary for 
the protection of the public, may prescribe: (1) the styles and sizes of 
type to be used with respect to material required to be incorporated in 
labeling to avoid false or misleading labeling in marketing and labeling 
any articles or poultry subject to this chapter; (2) definitions and 
standards of identity or composition or articles subject to this chapter 
and standards of fill of container for such articles not inconsistent 
with any such standards established under the Federal Food, Drug, and 
Cosmetic Act [21 U.S.C. 301 et seq.], and there shall be consultation 
between the Secretary and the Secretary of Health and Human Services 
prior to the issuance of such standards under either Act relating to 
articles subject to this chapter to avoid inconsistency in such 
standards and possible impairment of the coordinated effective 
administration of this chapter and the Federal Food, Drug, and Cosmetic 
Act. There shall also be consultation between the Secretary and an 
appropriate advisory committee provided for in section 454 of this 
title, prior to the issuance of such standards under this chapter, to 
avoid, insofar as feasible, inconsistency between Federal and State 
standards.

(c) Use of trade names; false or misleading marking or labeling; 
        misleading form or size of container

    No article subject to this chapter shall be sold or offered for sale 
by any person in commerce, under any name or other marking or labeling 
which is false or misleading, or in any container of a misleading form 
or size, but established trade names and other marking and labeling and 
containers which are not false or misleading and which are approved by 
the Secretary are permitted.

(d) Withholding use of false or misleading mark, label, or container 
        size or form; modification; hearing; conclusiveness of 
        determination; appeal

    If the Secretary has reason to believe that any marking or labeling 
or the size or form of any container in use or proposed for use with 
respect to any article subject to this chapter is false or misleading in 
any particular, he may direct that such use be withheld unless the 
marking, labeling, or container is modified in such manner as he may 
prescribe so that it will not be false or misleading. If the person 
using or proposing to use the marketing, labeling, or container does not 
accept the determination of the Secretary, such person may request a 
hearing, but the use of the marking, labeling, or container shall, if 
the Secretary so directs, be withheld pending hearing and final 
determination by the Secretary. Any such determination by the Secretary 
shall be conclusive unless, within thirty days after receipt of notice 
of such final determination, the person adversely affected thereby 
appeals to the United States Court of Appeals for the circuit in which 
such person has its principal place of business or to the United States 
Court of Appeals for the District of Columbia Circuit. The provisions of 
section 194 of title 7 shall be applicable to appeals taken under this 
section.

(Pub. L. 85-172, Sec. 8, Aug. 28, 1957, 71 Stat. 444; Pub. L. 90-492, 
Sec. 8, Aug. 18, 1968, 82 Stat. 799; Pub. L. 96-88, title V, 
Sec. 509(b), Oct. 17, 1979, 93 Stat. 695.)

                       References in Text

    The Federal Food, Drug, and Cosmetic Act, referred to in par. (b), 
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

    1968--Par. (a). Pub. L. 90-492 substituted provisions requiring 
shipping containers and immediate containers, as the Secretary may 
order, to bear the information required under section 453(h) of this 
title, and provisions, whenever the Secretary determines such action to 
be practicable and necessary, requiring nonconsumer packaged carcasses 
at the time they leave the official establishment to bear the 
information required under the aforementioned section, for provisions 
requiring shipping containers to bear the official mark and the approved 
plant number of the official establishment in which the contents were 
processed, provisions requiring immediate containers to bear the 
official inspection mark, the name of the product, a statement of 
ingredients, the net weight or other appropriate measure of the 
contents, the name and address of the processor, and the approved plant 
number of the official establishment in which the contents were 
processed, and provisions authorizing the Secretary to make reasonable 
variations and grant exemptions from the foregoing labeling 
requirements.
    Par. (b). Pub. L. 90-492 added par. (b). Provisions of former par. 
(b) were redesignated as pars. (c) and (d).
    Par. (c). Pub. L. 90-492 redesignated part of provisions of former 
par. (b) as (c) and made changes in phraseology.
    Par. (d). Pub. L. 90-492 redesignated part of provisions of former 
par. (b) as (d) and extended the authority of the Secretary to withhold 
from use products which have false or misleading markings or containers.

                         Change of Name

    ``Secretary of Health and Human Services'' substituted for 
``Secretary of Health, Education, and Welfare'' in par. (b) 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 453, 454, 467, 467c of this 
title.
