
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: 21USC460]

 
                        TITLE 21--FOOD AND DRUGS
 
           CHAPTER 10--POULTRY AND POULTRY PRODUCTS INSPECTION
 
Sec. 460. Miscellaneous activities subject to regulation


(a) Prohibition of inspection of articles not intended for use as human 
        food; denaturation or other identification prior to distribution 
        in commerce; inedible articles

    Inspection shall not be provided under this chapter at any 
establishment for the slaughter of poultry or the processing of any 
carcasses or parts or products of poultry, which are not intended for 
use as human food, but such articles shall, prior to their offer for 
sale or transportation in commerce, unless naturally inedible by humans, 
be denatured or otherwise identified as prescribed by regulations of the 
Secretary to deter their use for human food. No person shall buy, sell, 
transport, or offer for sale or transportation, or receive for 
transportation, in commerce, or import, any poultry carcasses or parts 
or products thereof which are not intended for use as human food unless 
they are denatured or otherwise identified as required by the 
regulations of the Secretary or are naturally inedible by humans.

(b) Recordkeeping requirements; persons liable; scope of disclosure; 
        access to places of business; examination of records, 
        facilities, and inventories; copies; samples

    The following classes of persons shall, for such period of time as 
the Secretary may by regulations prescribe, not to exceed two years 
unless otherwise directed by the Secretary for good cause shown, keep 
such records as are properly necessary for the effective enforcement of 
this chapter in order to insure against adulterated or misbranded 
poultry products for the American consumer; and all persons subject to 
such requirements shall, at all reasonable times, upon notice by a duly 
authorized representative of the Secretary, afford such representative 
access to their places of business and opportunity to examine the 
facilities, inventory, and records thereof, to copy all such records, 
and to take reasonable samples of their inventory upon payment of the 
fair market value therefor--
        (1) Any person that engages in the business of slaughtering any 
    poultry or processing, freezing, packaging, or labeling any 
    carcasses, or parts or products of carcasses, of any poultry, for 
    commerce, for use as human food or animal food;
        (2) Any person that engages in the business of buying or selling 
    (as poultry products brokers, wholesalers or otherwise), or 
    transporting, in commerce, or storing in or for commerce, or 
    importing, any carcasses, or parts or products of carcasses, of any 
    poultry;
        (3) Any person that engages in business, in or for commerce, as 
    a renderer, or engages in the business of buying, selling, or 
    transporting, in commerce, or importing, any dead, dying, disabled, 
    or diseased poultry or parts of the carcasses of any poultry that 
    died otherwise than by slaughter.

(c) Registration of business, name of person, and trade names

    No person shall engage in business, in or for commerce, as a poultry 
products broker, renderer, or animal food manufacturer, or engage in 
business in commerce as a wholesaler of any carcasses, or parts or 
products of the carcasses, of any poultry, whether intended for human 
food or other purposes, or engage in business as a public warehouseman 
storing any such articles in or for commerce, or engage in the business 
of buying, selling, or transporting in commerce, or importing, any dead, 
dying, disabled, or diseased poultry, or parts of the carcasses of any 
poultry that died otherwise than by slaughter, unless when required by 
regulations of the Secretary, he has registered with the Secretary his 
name, and the address of each place of business at which, and all trade 
names under which, he conducts such business.

(d) Regulation of transactions, transportation, or importation of dead, 
        dying, disabled or diseased poultry or carcasses to prevent use 
        as human food

    No person engaged in the business of buying, selling, or 
transporting in commerce, or importing, dead, dying, disabled, or 
diseased poultry, or any parts of the carcasses of any poultry that died 
otherwise than by slaughter, shall buy, sell, transport, offer for sale 
or transportation, or receive for transportation, in commerce, or 
import, any dead, dying, disabled, or diseased poultry or parts of the 
carcasses of any poultry that died otherwise than by slaughter, unless 
such transaction, transportation or importation is made in accordance 
with such regulations as the Secretary may prescribe to assure that such 
poultry, or the unwholesome parts or products thereof, will be prevented 
from being used for human food.

(e) Federal provisions applicable to State or Territorial business 
        transactions of a local nature and not subject to local 
        authority

    The authority conferred on the Secretary by paragraph (b), (c), or 
(d) of this section with respect to persons engaged in the specified 
kinds of business in or for commerce may be exercised with respect to 
persons engaged, in any State or organized territory, in such kinds of 
business but not in or for commerce, whenever the Secretary determines, 
after consultation with an appropriate advisory committee provided for 
in section 454 of this title, that the State or territory does not have 
at least equal authority under its laws or such authority is not 
exercised in a manner to effectuate the purposes of this chapter, 
including the State or territory providing for the Secretary or his 
representative being afforded access to such places of business and the 
facilities, inventories, and records thereof, and the taking of 
reasonable samples, where he determines necessary in carrying out his 
responsibilities under this chapter; and in such case the provisions of 
paragraph (b), (c), or (d) of this section, respectively, shall apply to 
such persons to the same extent and in the same manner as if they were 
engaged in such business in or for commerce and the transactions 
involved were in commerce.

(Pub. L. 85-172, Sec. 11, Aug. 28, 1957, 71 Stat. 446; Pub. L. 90-492, 
Sec. 11, Aug. 18, 1968, 82 Stat. 801.)


                               Amendments

    1968--Pub. L. 90-492 designated existing provisions as par. (b), 
added pars. (a), and (c) to (e), and in par. (b), as so designated, 
extended the types of persons required to maintain records necessary for 
the enforcement of this chapter, required such persons to give 
representatives of the Secretary access to their places of business, and 
opportunity to examine records, facilities, and inventories and to copy 
records and take inventory samples upon payment.


                    Effective Date of 1968 Amendment

    Amendment by Pub. L. 90-492 effective Aug. 18, 1968, except that 
par. (d) 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, 467e of this 
title.
