
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: 21USC458]

 
                        TITLE 21--FOOD AND DRUGS
 
           CHAPTER 10--POULTRY AND POULTRY PRODUCTS INSPECTION
 
Sec. 458. Prohibited acts

    (a) No person shall--
        (1) slaughter any poultry or process any poultry products which 
    are capable of use as human food at any establishment processing any 
    such articles for commerce, except in compliance with the 
    requirements of this chapter;
        (2) sell, transport, offer for sale or transportation, or 
    receive for transportation, in commerce, (A) any poultry products 
    which are capable of use as human food and are adulterated or 
    misbranded at the time of such sale, transportation, offer for sale 
    or transportation, or receipt for transportation; or (B) any poultry 
    products required to be inspected under this chapter unless they 
    have been so inspected and passed;
        (3) do, with respect to any poultry products which are capable 
    of use as human food, any act while they are being transported in 
    commerce or held for sale after such transportation, which is 
    intended to cause or has the effect of causing such products to be 
    adulterated or misbranded;
        (4) sell, transport, offer for sale or transportation, or 
    receive for transportation, in commerce or from an official 
    establishment, any slaughtered poultry from which the blood, 
    feathers, feet, head, or viscera have not been removed in accordance 
    with regulations promulgated by the Secretary, except as may be 
    authorized by regulations of the Secretary;
        (5) use to his own advantage, or reveal other than to the 
    authorized representatives of the United States Government or any 
    State or other government in their official capacity, or as ordered 
    by a court in any judicial proceedings, any information acquired 
    under the authority of this chapter concerning any matter which is 
    entitled to protection as a trade secret.

    (b) No brand manufacturer, printer, or other person shall cast, 
print, lithograph, or otherwise make any device containing any official 
mark or simulation thereof, or any label bearing any such mark or 
simulation, or any form of official certificate or simulation thereof, 
except as authorized by the Secretary.
    (c) No person shall--
        (1) forge any official device, mark, or certificate;
        (2) without authorization from the Secretary use any official 
    device, mark, or certificate, or simulation thereof, or alter, 
    detach, deface, or destroy any official device, mark, or 
    certificate;
        (3) contrary to the regulations prescribed by the Secretary, 
    fail to use, or to detach, deface, or destroy any official device, 
    mark, or certificate;
        (4) knowingly possess, without promptly notifying the Secretary 
    or his representative, any official device or any counterfeit, 
    simulated, forged, or improperly altered official certificate or any 
    device or label or any carcass of any poultry, or part or product 
    thereof, bearing any counterfeit, simulated, forged, or improperly 
    altered official mark;
        (5) knowingly make any false statement in any shipper's 
    certificate or other nonofficial or official certificate provided 
    for in the regulations prescribed by the Secretary; or
        (6) knowingly represent that any article has been inspected and 
    passed, or exempted, under this chapter when, in fact, it has 
    respectively, not been so inspected and passed, or exempted.

(Pub. L. 85-172, Sec. 9, Aug. 28, 1957, 71 Stat. 445; Pub. L. 90-492, 
Sec. 9, Aug. 18, 1968, 82 Stat. 800.)


                               Amendments

    1968--Pub. L. 90-492 made revisions in form and phraseology, added 
to the enumerated prohibited acts slaughtering poultry or processing any 
poultry products capable of use as human food, except in compliance with 
the requirements of this chapter, selling and transporting adulterated 
or misbranded poultry products or uninspected poultry products, 
adulterating or misbranding poultry products while they are being 
transported in commerce or held for sale after such transportation, 
treating carcasses not in accordance with regulations promulgated by the 
Secretary, possessing, without notifying the Secretary, any official 
device or any counterfeit, simulated, etc., official certificate, or any 
device or label bearing any counterfeit, simulated, etc., official mark, 
and making false representations and statements, and clarified 
application to brand manufacturers and printers of existing provisions 
prohibiting the counterfeiting of official marks, labels, or 
certificates.


                    Effective Date of 1968 Amendment

    Amendment by Pub. L. 90-492 effective Aug. 18, 1968, except that 
amendment of pars. (a)(2)(A) and (a)(3) effective upon the expiration of 
sixty days after 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, 461 of this title.
