21 U.S.C. § 451 — Congressional statement of findings

Page 718 TITLE 21—FOOD AND DRUGS § 451 or actual charges for personal services, mate- rials, equipment, information technology, and other expenses. Charges for equipment and in- formation technology shall include costs associ- ated with maintenance, repair, and depreciation (including improvement and replacement). (b) Appropriations Of any discretionary resources appropriated in this Act for fiscal year 2018 for ‘‘Department of Health and Human Services, Food and Drug Ad- ministration, Salaries and Expenses’’, not to ex- ceed $5,000,000 of amounts available as of Sep- tember 30 may be transferred to and merged with the Fund established under subsection (a), notwithstanding any otherwise applicable pur- pose limitations. (c) Emergency funds excluded No amounts may be transferred pursuant to this section that are designated by the Congress as an emergency requirement pursuant to a con- current resolution on the budget or the Bal- anced Budget and Emergency Deficit Control Act of 1985. (Pub. L. 115–141, div. A, title VII, § 722, Mar. 23, 2018, 132 Stat. 387.) Editorial Notes REFERENCES IN TEXT This Act, referred to in subsec. (b), is div. A of Pub. L. 115–141, Mar. 23, 2018, 132 Stat. 351, known as the Ag- riculture, Rural Development, Food and Drug Adminis- tration, and Related Agencies Appropriations Act, 2018. For complete classification of this Act to the Code, see Tables. The Balanced Budget and Emergency Deficit Control Act of 1985, referred to in subsec. (c), is title II of Pub. L. 99–177, Dec. 12, 1985, 99 Stat. 1038, which enacted chapter 20 (§ 900 et seq.) and sections 654 to 656 of Title 2, The Congress, amended sections 602, 622, 631 to 642, and 651 to 653 of Title 2, sections 1104 to 1106, and 1109 of Title 31, Money and Finance, and section 911 of Title 42, The Public Health and Welfare, repealed section 661 of Title 2, enacted provisions set out as notes under section 900 of Title 2 and section 911 of Title 42, and amended provisions set out as a note under section 621 of Title 2. For complete classification of this Act to the Code, see Short Title note set out under section 900 of Title 2 and Tables. CODIFICATION Section was enacted as part of the Agriculture, Rural Development, Food and Drug Administration, and Re- lated Agencies Appropriations Act, 2018, and also as part of the Consolidated Appropriations Act, 2018, and not as part of the Federal Food, Drug, and Cosmetic Act which comprises this chapter. CHAPTER 10—POULTRY AND POULTRY PRODUCTS INSPECTION Sec. 451. Congressional statement of findings. 452. Congressional declaration of policy. 453. Definitions. 454. Federal and State cooperation in develop- ment and administration of State poultry product inspection programs. 455. Inspection in official establishments. 456. Operation of premises, facilities and equip- ment. 457. Labeling and container standards. 458. Prohibited acts. 459. Compliance by all establishments. Sec. 460. Miscellaneous activities subject to regula- tion. 461. Offenses and punishment. 462. Reporting of violations; notice; opportunity to present views. 463. Rules and regulations. 464. Exemptions. 465. Limitations upon entry of poultry products and other materials into official establish- ments. 466. Imports. 467. Inspection services. 467a. Administrative detention; duration; pending judicial proceedings; notification of govern- ment authorities; release; removal of offi- cial marks. 467b. Seizure and condemnation. 467c. Federal court jurisdiction of enforcement and injunction proceedings and other kinds of cases; limitations; United States as plain- tiff; subpenas. 467d. Administration and enforcement; applica- bility of penalty provisions; conduct of in- quiries; power and jurisdiction of courts. 467e. Non-Federal jurisdiction of federally regu- lated matters; prohibition of additional or different requirements for establishments with inspection services and as to marking, labeling, packaging, and ingredients; rec- ordkeeping and related requirements; con- current jurisdiction over distribution for human food purposes of adulterated or mis- branded and imported articles; other mat- ters. 467f. Federal Food, Drug, and Cosmetic Act appli- cations. 468. Cost of inspection; overtime. 469. Authorization of appropriations. 470. Omitted. 471. Safe Meat and Poultry Inspection Panel. 472. Interstate shipment of poultry inspected by Federal and State agencies for certain small establishments. 473. Grants for improvements to meat and poultry facilities to allow for interstate shipment. § 451. Congressional statement of findings Poultry and poultry products are an impor- tant source of the Nation’s total supply of food. They are consumed throughout the Nation and the major portion thereof moves in interstate or foreign commerce. It is essential in the public interest that the health and welfare of con- sumers be protected by assuring that poultry products distributed to them are wholesome, not adulterated, and properly marked, labeled, and packaged. Unwholesome, adulterated, or mis- branded poultry products impair the effective regulation of poultry products in interstate or foreign commerce, are injurious to the public welfare, destroy markets for wholesome, not adulterated, and properly labeled and packaged poultry products, and result in sundry losses to poultry producers and processors of poultry and poultry products, as well as injury to con- sumers. It is hereby found that all articles and poultry which are regulated under this chapter are either in interstate or foreign commerce or substantially affect such commerce, and that regulation by the Secretary of Agriculture and cooperation by the States and other jurisdic- tions as contemplated by this chapter are appro- priate to prevent and eliminate burdens upon such commerce, to effectively regulate such commerce, and to protect the health and welfare of consumers. Page 719 TITLE 21—FOOD AND DRUGS § 452 (Pub. L. 85–172, § 2, Aug. 28, 1957, 71 Stat. 441; Pub. L. 90–492, § 2, Aug. 18, 1968, 82 Stat. 791.) Editorial Notes AMENDMENTS 1968—Pub. L. 90–492 inserted provisions stating it to be necessary that the health and welfare of consumers be protected by assuring that poultry products distrib- uted to them are wholesome, not adulterated, and prop- erly marked, labeled, and packaged, provisions that misbranded poultry products impair the effective regu- lation of poultry products and destroy markets for wholesome, not adulterated, and properly labeled and packaged poultry products, and result in sundry losses to poultry producers and processors of poultry and poultry products, as well as injury to consumers, and provisions that all articles and poultry which are regu- lated by this chapter are either in interstate or foreign commerce or substantially affect such commerce and that regulation by the Secretary of Agriculture and co- operation by the states and other jurisdictions as con- templated by this chapter are appropriate to serve the specified aims, and struck out provisions that all poul- try and poultry products which have or are required to have inspection under this chapter are either in the current of interstate or foreign commerce or directly affect such commerce, provisions that that part enter- ing directly into the current of interstate or foreign commerce cannot be effectively inspected and regu- lated without also inspecting and regulating all poultry and poultry products in the same establishment, and provisions authorizing the Secretary to designate major consuming areas. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1968 AMENDMENT Pub. L. 90–492, § 20, Aug. 18, 1968, 82 Stat. 808, provided that: ‘‘This Act [see Short Title of 1968 Amendment note below] shall become effective upon enactment [Aug. 18, 1968] except as provided in paragraphs (a) through (c): ‘‘(a) The provisions of subparagraphs (a)(2)(A) and (a)(3) of section 9 of the Poultry Products Inspection Act, as amended by section 9 of this Act [section 458(a)(2)(A) and (a)(3) of this title], shall become effec- tive upon the expiration of sixty days after enactment hereof [Aug. 18, 1968]. ‘‘(b) Section 14 of this Act, amending section 15 of the Poultry Products Inspection Act [section 464 of this title], shall become effective upon the expiration of sixty days after enactment hereof [Aug. 18, 1968]. ‘‘(c) Paragraph 11(d) of the Poultry Products Inspec- tion Act, as added by section 11 of this Act [section 460(d) of this title], shall become effective upon the ex- piration of sixty days after enactment hereof [Aug. 18, 1968].’’ EFFECTIVE DATE Pub. L. 85–172, § 29, formerly § 22, Aug. 28, 1957, 71 Stat. 449, as renumbered by Pub. L. 90–492, § 17, Aug. 18, 1968, 82 Stat. 805, provided that: ‘‘This Act [this chapter] shall take effect upon enactment [Aug. 28, 1957], except that no person shall be subject to the provisions of this Act [this chapter] prior to January 1, 1959, unless such person after January 1, 1958, applies for and receives in- spection for poultry or poultry products in accordance with the provisions of this Act [this chapter] and pur- suant to regulations promulgated by the Secretary hereunder, in any establishment processing poultry or poultry products in commerce or in a designated major consuming area. Any person who voluntarily applies for and receives such inspection after January 1, 1958, shall be subject, on and after the date he commences to receive such inspection, to all of the provisions and penalties provided for in this Act [this chapter] with re- spect to all poultry or poultry products handled in the establishment for which such said application for in- spection is made.’’ SHORT TITLE OF 1968 AMENDMENT Pub. L. 90–492, § 1, Aug. 18, 1968, 82 Stat. 791, provided: ‘‘That this Act [enacting sections 467a to 467f and 470 of this title, amending this section and sections 452 to 461, 463 to 465, and 467 of this title, and enacting provisions set out as notes under this section] may be cited as the ‘Wholesome Poultry Products Act’.’’ SHORT TITLE Pub. L. 85–172, § 1, Aug. 28, 1957, 71 Stat. 441, provided: ‘‘That this Act [enacting this chapter and provisions set out as notes under this section] may be cited as the ‘Poultry Products Inspection Act’.’’ SEPARABILITY Pub. L. 90–492, § 19, Aug. 18, 1968, 82 Stat. 808, provided that: ‘‘If any provisions of this Act or of the amend- ments made hereby [see Short Title of 1968 Amendment note above] or the application thereof to any person or circumstances is held invalid, the validity of the re- mainder of the Act and the remaining amendments and of the application of such provision to other persons and circumstances shall not be affected thereby.’’ Pub. L. 85–172, § 28, formerly § 21, Aug. 28, 1957, 71 Stat. 449, as renumbered by Pub. L. 90–492, § 17, Aug. 18, 1968, 82 Stat. 805, provided that: ‘‘If any provision of this Act [this chapter] or the application thereof to any person or circumstances is held invalid, the validity of the re- mainder of the Act and of the application of such provi- sion to other persons and circumstances shall not be af- fected thereby.’’ FOOD ADDITIVES AMENDMENT OF 1958 Pub. L. 85–929, § 7, Sept. 6, 1958, 72 Stat. 1789, provided that: ‘‘Nothing in this Act [amending sections 321, 331, 342, 346, and 348 of this title and section 210 of Title 42, The Public Health and Welfare, and enacting provisions set out as notes under sections 321 and 342 of this title] shall be construed to exempt any meat or meat food product or any person from any requirement imposed by or pursuant to the Poultry Products Inspection Act (21 U.S.C. 451 and the following) [this chapter] or the Meat Inspection Act of March 4, 1907, 34 Stat. 1260, as amended and extended (21 U.S.C. 71 and the following) [see section 601 et seq. of this title].’’ § 452. Congressional declaration of policy It is hereby declared to be the policy of the Congress to provide for the inspection of poultry and poultry products and otherwise regulate the processing and distribution of such articles as hereinafter prescribed to prevent the movement or sale in interstate or foreign commerce of, or the burdening of such commerce by, poultry products which are adulterated or misbranded. It is the intent of Congress that when poultry and poultry products are condemned because of disease, the reason for condemnation in such in- stances shall be supported by scientific fact, in- formation, or criteria, and such condemnation under this chapter shall be achieved through uniform inspection standards and uniform appli- cations thereof. (Pub. L. 85–172, § 3, Aug. 28, 1957, 71 Stat. 441; Pub. L. 90–492, § 3, Aug. 18, 1968, 82 Stat. 792.) Editorial Notes AMENDMENTS 1968—Pub. L. 90–492 inserted provisions declaring the policy of Congress to be to otherwise regulate the proc- essing and distribution of poultry and poultry products