21 U.S.C. § 459

Current through P.L. 118-47 (published on www.congress.gov on 03/23/2024)

Section 459 - Compliance by all establishments

(a) In general

No establishment processing poultry or poultry products for commerce otherwise subject to this chapter shall process any poultry or poultry product except in compliance with the requirements of this chapter.

(b) Notification

Any establishment subject to inspection under this chapter that believes, or has reason to believe, that an adulterated or misbranded poultry or poultry product received by or originating from the establishment has entered into commerce shall promptly notify the Secretary with regard to the type, amount, origin, and destination of the poultry or poultry product.

(c) Plans and reassessments

The Secretary shall require that each establishment subject to inspection under this chapter shall, at a minimum-

(1) prepare and maintain current procedures for the recall of all poultry or poultry products produced and shipped by the establishment;

(2) document each reassessment of the process control plans of the establishment; and

(3) upon request, make the procedures and reassessed process control plans available to inspectors appointed by the Secretary for review and copying.

21 U.S.C. § 459

Pub. L. 85-172, §10, Aug. 28, 1957, 71 Stat. 446; Pub. L. 90-492, §10, Aug. 18, 1968, 82 Stat. 801; Pub. L. 110-234, title XI, §11017(b), May 22, 2008, 122 Stat. 1370; Pub. L. 110-246, §4(a), title XI, §11017(b), June 18, 2008, 122 Stat. 1664, 2132.

EDITORIAL NOTES

CODIFICATION Pub. L. 110-234 and Pub. L. 110-246 made identical amendments to this section. The amendments by Pub. L. 110-234 were repealed by section 4(a) of Pub. L. 110-246.

AMENDMENTS2008- Pub. L. 110-246, §11017(b), inserted section catchline, designated existing provisions as subsec. (a), inserted heading, and added subsecs. (b) and (c).1968- Pub. L. 90-492 substituted "otherwise subject to this chapter" for "in or for marketing in a designated major consuming area".

STATUTORY NOTES AND RELATED SUBSIDIARIES

EFFECTIVE DATE OF 2008 AMENDMENT Amendment of this section and repeal of Pub. L. 110-234 by Pub. L. 110-246 effective May 22, 2008, the date of enactment of Pub. L. 110-234 see section 4 of Pub. L. 110-246 set out as an Effective Date note under section 8701 of Title 7, Agriculture.

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.

Secretary: The term "Secretary" means the Secretary of Agriculture or his delegate.
commerce: The term "commerce" means commerce between any State, any territory, or the District of Columbia, and any place outside thereof; or within any territory not organized with a legislative body, or the District of Columbia.
poultry product: The term "poultry product" means any poultry carcass, or part thereof; or any product which is made wholly or in part from any poultry carcass or part thereof, excepting products which contain poultry ingredients only in a relatively small proportion or historically have not been considered by consumers as products of the poultry food industry, and which are exempted by the Secretary from definition as a poultry product under such conditions as the Secretary may prescribe to assure that the poultry ingredients in such products are not adulterated and that such products are not represented as poultry products.
poultry: The term "poultry" means any domesticated bird, whether live or dead.