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U.S. Code as of:
01/19/04
Section 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.
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