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U.S. Code as of:
01/19/04
Section 454. Federal and State cooperation in development and administration of State poultry product inspection programs
(a) State laws; planning, technical and financial assistance;
advisory committees
It is the policy of the Congress to protect the consuming public
from poultry products that are adulterated or misbranded and to
assist in efforts by State and other government agencies to
accomplish this objective. In furtherance of this policy -
(1) The Secretary is authorized, whenever he determines that it
would effectuate the purposes of this chapter, to cooperate with
the appropriate State agency in developing and administering a
State poultry product inspection program in any State which has
enacted a mandatory State poultry product inspection law that
imposes ante mortem and post mortem inspection, reinspection and
sanitation requirements that are at least equal to those under
this chapter, with respect to all or certain classes of persons
engaged in the State in slaughtering poultry or processing
poultry products for use as human food solely for distribution
within such State.
(2) The Secretary is further authorized, whenever he determines
that it would effectuate the purposes of this chapter, to
cooperate with appropriate State agencies in developing and
administering State programs under State laws containing
authorities at least equal to those provided in section 460 of
this title; and to cooperate with other agencies of the United
States in carrying out any provisions of this chapter. In
carrying out the provisions of this chapter, the Secretary may
conduct such examinations, investigations, and inspections as he
determines practicable through any officer or employee of any
State or Territory or the District of Columbia commissioned by
the Secretary for such purpose.
(3) Cooperation with State agencies under this section may
include furnishing to the appropriate State agency (i) advisory
assistance in planning and otherwise developing an adequate State
program under the State law; and (ii) technical and laboratory
assistance and training (including necessary curricular and
instructional materials and equipment), and financial and other
aid for administration of such a program. The amount to be
contributed to any State by the Secretary under this section from
Federal funds for any year shall not exceed 50 per centum of the
estimated total cost of the cooperative program; and the Federal
funds shall be allocated among the States desiring to cooperate
on an equitable basis. Such cooperation and payment shall be
contingent at all times upon the administration of the State
program in a manner which the Secretary, in consultation with the
appropriate advisory committee appointed under subparagraph (4),
deems adequate to effectuate the purposes of this section.
(4) The Secretary may appoint advisory committees consisting of
such representatives of appropriate State agencies as the
Secretary and the State agencies may designate to consult with
him concerning State and Federal programs with respect to poultry
product inspection and other matters within the scope of this
chapter, including evaluating State programs for purposes of this
chapter, and obtaining better coordination and more uniformity
among the State programs and between the Federal and State
programs and adequate protection of consumers.
(b) Appropriate State agency; performance of functions by
subordinate governmental unit
The appropriate State agency with which the Secretary may
cooperate under this chapter shall be a single agency in the State
which is primarily responsible for the coordination of the State
programs having objectives similar to those under this chapter.
When the State program includes performance of certain functions by
a municipality or other subordinate governmental unit, such unit
shall be deemed to be a part of the State agency for purposes of
this section.
(c) Intrastate activities; designation of State for regulation;
publication of designation; exempted operations; termination of
designation; review of operations in nondesignated States; annual
report
(1) If the Secretary has reason to believe, by thirty days prior
to the expiration of two years after August 18, 1968, that a State
has failed to develop or is not enforcing, with respect to all
establishments within its jurisdiction (except those that would be
exempted from Federal inspection under subparagraph (2) of this
paragraph (c)) at which poultry are slaughtered, or poultry
products are processed for use as human food, solely for
distribution within such State, and the products of such
establishments, requirements at least equal to those imposed under
sections 451 to 453, 455 to 459, 461 to 467d of this title, he
shall promptly notify the Governor of the State of this fact. If
the Secretary determines, after consultation with the Governor of
the State, or representative selected by him, that such
requirements have not been developed and activated, he shall
promptly after the expiration of such two-year period designate
such State as one in which the provisions of said sections of this
chapter shall apply to operations and transactions wholly within
such State: Provided, That if the Secretary has reason to believe
that the State will activate such requirements within one
additional year, he may delay such designation for said period, and
not designate the State, if he determines at the end of the year
that the State then has such requirements in effective operation.
The Secretary shall publish any such designation in the Federal
Register and, upon the expiration of thirty days after such
publication, the provisions of said sections of this chapter shall
apply to operations and transactions and to persons engaged therein
in the State to the same extent and in the same manner as if such
operations and transactions were conducted in or for commerce.
However, notwithstanding any other provision of this section, if
the Secretary determines that any establishment within a State is
producing adulterated poultry products for distribution within such
State which would clearly endanger the public health he shall
notify the Governor of the State and the appropriate advisory
committee provided for by subparagraph (a)(4) of this section of
such fact for effective action under State or local law. If the
State does not take action to prevent such endangering of the
public health within a reasonable time after such notice, as
determined by the Secretary, in light of the risk to public health,
the Secretary may forthwith designate any such establishment as
subject to the provisions of said sections of this chapter, and
thereupon the establishment and operator thereof shall be subject
to such provisions as though engaged in commerce until such time as
the Secretary determines that such State has developed and will
enforce requirements at least equal to those imposed under said
sections.
(2) The provisions of this chapter requiring inspection of the
slaughter of poultry and the processing of poultry products shall
not apply to operations of types traditionally and usually
conducted at retail stores and restaurants, when conducted at any
retail store or restaurant or similar retail-type establishment for
sale in normal retail quantities or service of such articles to
consumers at such establishments if such establishments are subject
to such inspection provisions only under this paragraph (c). For
the purposes of this subparagraph, operations conducted at a
restaurant central kitchen facility shall be considered as being
conducted at a restaurant if the restaurant central kitchen
prepares poultry products that are ready to eat when they leave
such facility and are served in meals or as entrees only to
customers at restaurants owned or operated by the same person
owning or operating such facility: Provided, That such facility
shall be subject to the provisions of section 460(b) of this title:
Provided further, That the facility may be subject to the
inspection requirements of this chapter for as long as the
Secretary deems necessary, if the Secretary determines that the
sanitary conditions or practices of the facility or the processing
procedures or methods at the facility are such that any of its
poultry products are rendered adulterated.
(3) Whenever the Secretary determines that any State designated
under this paragraph (c) has developed and will enforce State
poultry products inspection requirements at least equal to those
imposed under the aforesaid sections of this chapter, with respect
to the operations and transactions within such State which are
regulated under subparagraph (1) of this paragraph (c), he shall
terminate the designation of such State under this paragraph (c),
but this shall not preclude the subsequent redesignation of the
State at any time upon thirty days' notice to the Governor and
publication in the Federal Register in accordance with this
paragraph, and any State may be designated upon such notice and
publication, at any time after the period specified in this
paragraph whether or not the State has theretofore been designated,
upon the Secretary determining that it is not effectively enforcing
requirements at least equal to those imposed under said sections.
(4) The Secretary shall promptly upon August 18, 1968, and
periodically thereafter, but at least annually, review the
requirements, including the enforcement thereof, of the several
States not designated under this paragraph (c), with respect to the
slaughter, and the processing, storage, handling, and distribution
of poultry products, and inspection of such operations, and
annually report thereon to the Committee on Agriculture of the
House of Representatives and the Committee on Agriculture,
Nutrition, and Forestry of the Senate in the report required in
section 470 (!1) of this title.
(d) "State" defined
As used in this section, the term "State" means any State
(including the Commonwealth of Puerto Rico) or organized territory.
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