21 U.S. Code § 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.

Source

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

1968—Par. (a). Pub. L. 90–492, § 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, § 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, § 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. 90–492effective Aug. 18, 1968, see section 20 ofPub. 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, § 1(a) [title VII, § 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).”

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21 USCDescription of ChangeSession YearPublic LawStatutes at Large

This is a list of parts within the Code of Federal Regulations for which this US Code section provides rulemaking authority.

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9 CFR - Animals and Animal Products

9 CFR Part 300 - AGENCY MISSION AND ORGANIZATION

9 CFR Part 381 - POULTRY PRODUCTS INSPECTION REGULATIONS

9 CFR Part 390 - FREEDOM OF INFORMATION AND PUBLIC INFORMATION

9 CFR Part 391 - FEES AND CHARGES FOR INSPECTION SERVICES AND LABORATORY ACCREDITATION

9 CFR Part 416 - SANITATION

9 CFR Part 417 - HAZARD ANALYSIS AND CRITICAL CONTROL POINT (HACCP) SYSTEMS

9 CFR Part 418 - RECALLS

9 CFR Part 424 - PREPARATION AND PROCESSING OPERATIONS

9 CFR Part 430 - REQUIREMENTS FOR SPECIFIC CLASSES OF PRODUCT

9 CFR Part 439 - ACCREDITATION OF NON-FEDERAL CHEMISTRY LABORATORIES

9 CFR Part 441 - CONSUMER PROTECTION STANDARDS: RAW PRODUCTS

9 CFR Part 442 - QUANTITY OF CONTENTS LABELING AND PROCEDURES AND REQUIREMENTS FOR ACCURATE WEIGHTS

9 CFR Part 500 - RULES OF PRACTICE

 

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