21 U.S.C. § 457

Labeling and container standards

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(a) Requirements for shipping containers and immediate containers; nonconsumer packaged carcasses

All poultry products inspected at any official establishment under the authority of this chapter and found to be not adulterated, shall at the time they leave the establishment bear, in distinctly legible form, on their shipping containers and immediate containers as the Secretary may require, the information required under paragraph (h) of section 453 of this title. In addition, the Secretary whenever he determines such action is practicable and necessary for the protection of the public, may require nonconsumer packaged carcasses at the time they leave the establishment to bear directly thereon in distinctly legible form any information required under such paragraph (h).

(b) Labeling requirements; definitions and standards of identity or composition or articles and standards of fill of container; standards consistent with Federal Food, Drug, and Cosmetic Act; consistency between Federal and State standards

The Secretary, whenever he determines such action is necessary for the protection of the public, may prescribe: (1) the styles and sizes of type to be used with respect to material required to be incorporated in labeling to avoid false or misleading labeling in marking and labeling any articles or poultry subject to this chapter; (2) definitions and standards of identity or composition or articles subject to this chapter and standards of fill of container for such articles not inconsistent with any such standards established under the Federal Food, Drug, and Cosmetic Act [21 U.S.C. 301 et seq.], and there shall be consultation between the Secretary and the Secretary of Health and Human Services prior to the issuance of such standards under either Act relating to articles subject to this chapter to avoid inconsistency in such standards and possible impairment of the coordinated effective administration of this chapter and the Federal Food, Drug, and Cosmetic Act. There shall also be consultation between the Secretary and an appropriate advisory committee provided for in section 454 of this title, prior to the issuance of such standards under this chapter, to avoid, insofar as feasible, inconsistency between Federal and State standards.

No article subject to this chapter shall be sold or offered for sale by any person in commerce, under any name or other marking or labeling which is false or misleading, or in any container of a misleading form or size, but established trade names and other marking and labeling and containers which are not false or misleading and which are approved by the Secretary are permitted.

(d) Withholding use of false or misleading mark, label, or container size or form; modification; hearing; conclusiveness of determination; appeal

If the Secretary has reason to believe that any marking or labeling or the size or form of any container in use or proposed for use with respect to any article subject to this chapter is false or misleading in any particular, he may direct that such use be withheld unless the marking, labeling, or container is modified in such manner as he may prescribe so that it will not be false or misleading. If the person using or proposing to use the marking, labeling, or container does not accept the determination of the Secretary, such person may request a hearing, but the use of the marking, labeling, or container shall, if the Secretary so directs, be withheld pending hearing and final determination by the Secretary. Any such determination by the Secretary shall be conclusive unless, within thirty days after receipt of notice of such final determination, the person adversely affected thereby appeals to the United States Court of Appeals for the circuit in which such person has its principal place of business or to the United States Court of Appeals for the District of Columbia Circuit. The provisions of section 194 of title 7 shall be applicable to appeals taken under this section.

(Pub. L. 85–172, § 8, Aug. 28, 1957, 71 Stat. 444; Pub. L. 90–492, § 8, Aug. 18, 1968, 82 Stat. 799; Pub. L. 96–88, title V, § 509(b), Oct. 17, 1979, 93 Stat. 695.)Editorial NotesReferences in Text

The Federal Food, Drug, and Cosmetic Act, referred to in par. (b), is act June 25, 1938, ch. 675, 52 Stat. 1040, which is classified generally to chapter 9 (§ 301 et seq.) of this title. For complete classification of this Act to the Code, see section 301 of this title and Tables.

Amendments

1968—Par. (a). Pub. L. 90–492 substituted provisions requiring shipping containers and immediate containers, as the Secretary may order, to bear the information required under section 453(h) of this title, and provisions, whenever the Secretary determines such action to be practicable and necessary, requiring nonconsumer packaged carcasses at the time they leave the official establishment to bear the information required under the aforementioned section, for provisions requiring shipping containers to bear the official mark and the approved plant number of the official establishment in which the contents were processed, provisions requiring immediate containers to bear the official inspection mark, the name of the product, a statement of ingredients, the net weight or other appropriate measure of the contents, the name and address of the processor, and the approved plant number of the official establishment in which the contents were processed, and provisions authorizing the Secretary to make reasonable variations and grant exemptions from the foregoing labeling requirements.

Par. (b). Pub. L. 90–492 added par. (b). Provisions of former par. (b) were redesignated as pars. (c) and (d).

Par. (c). Pub. L. 90–492 redesignated part of provisions of former par. (b) as (c) and made changes in phraseology.

Par. (d). Pub. L. 90–492 redesignated part of provisions of former par. (b) as (d) and extended the authority of the Secretary to withhold from use products which have false or misleading markings or containers.

Statutory Notes and Related SubsidiariesChange of Name

“Secretary of Health and Human Services” substituted for “Secretary of Health, Education, and Welfare” in par. (b) pursuant to section 509(b) of Pub. L. 96–88, which is classified to section 3508(b) of Title 20, Education.

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.

Notes of Decisions

Cited in 28 cases (8 in the last 5 years), 1964–2024 · leading case: La Vigne v. Costco Wholesale Corp., 284 F. Supp. 3d 496 (S.D. Ill. 2018).

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La Vigne v. Costco Wholesale Corp., 284 F. Supp. 3d 496 (S.D. Ill. 2018). · cites it 2× “21 U.S.C. § 457 (c). Pursuant to this prohibition, the FSIS, a public health agency of the USDA, is tasked with inspecting and approving product labels under the purview of the PPIA before products bearing that label may be sold in interstate commerce.”

Food & Water Watch, Inc. v. Vilsack, 79 F. Supp. 3d 174 (D.D.C. 2015). · cites it 3× “” See 21 U.S.C. § 457 ; 9 C.F.R. § 381.96 -. False or misleading labeling is proscribed by the PPIA.”

Robert Cohen v. Conagra Brands, Inc., 16 F.4th 1283 (9th Cir. 2021). “See 21 U.S.C. § 457 (c); 9 C.F.R. § 412.2 (b), (e).”

Phelps v. Hormel Foods Corp., 244 F. Supp. 3d 1312 (S.D. Fla. 2017). · cites it 2× “2013) (citing 21 U.S.C. §§ 457 (c), 607(d); 9 C.F.R. §§ 317.”

Brower v. Campbell Soup Co., 243 F. Supp. 3d 1124 (S.D. Cal. 2017). · cites it 2× “21 U.S.C. §§ 457 (c), 607(d); see also Del Real, LLC v.”

Ass'n Des Eleveurs v. Rob Bonta, 33 F.4th 1107 (9th Cir. 2022). “obtained exclusively from specially fed and fattened geese and ducks,” see UNITED STATES DEPARTMENT OF AGRICULTURE, FOOD STANDARDS AND LABELING POLICY BOOK (2005), and—as the majority 30 ASS’N DES ÉLEVEURS DE CANARDS V.”

Swift & Co., Inc., & Armour & Co. v. Don J. Wickham, Comm'r of Agric. & Markets of the State of Newyork, 364 F.2d 241 (2d Cir. 1966). · cites it 2× “21 U.S.C. § 457 . The labels do not show the net weight of the unstuffed turkey.”

Nat'l Petroleum Refiners Ass'n v. Fed. Trade Comm'n, 482 F.2d 672 (D.C. Cir. 1973). “§ 463 (1970), and also provides for specific adjudicatory procedures to determine the existence of misleading food labels, 21 U.S.C. § 457 (1970). Borden Co. v. Freeman, D.”

Sanderson Farms, Inc. v. Tyson Foods, Inc., 549 F. Supp. 2d 708 (D. Maryland 2008). · cites it 2× “” See 21 U.S.C. § 457 (b)-(e). FSIS does not, however, have any congressional authority to review advertisements.”

Animal Legal Def. Fund, Inc. v. Thomas Vilsack, 111 F.4th 1219 (D.C. Cir. 2024). “at 442 ; ante at 14–15, establishing redressability would require an alleged affirmative entitlement to receive this information, as opposed to just an entitlement to be free from any misleading information, see 21 U.S.C. § 457 (c). And if there were no such affirmative…”

Swift & Co. v. Wickham, 230 F. Supp. 398 (S.D.N.Y. 1964). “The next two sections, 21 U.S.C. §§ 457 and 458, contain the provisions on which plaintiffs particularly rely.”

Del Real v. Kamala Harris, 636 F. App'x 956 (9th Cir. 2016). “Second, by giving the Secretary of Agriculture the option to promulgate container fill standards, but not mandating such regulations, 21 U.S.C. §§ 457 (b)(2), 607(c)(2), Congress intended to allow meat and poultry packaging to be subject to less specific regulation than other…”

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