U.S. Code » Title 21 » Chapter CHAPTER 10— POULTRY AND POULTRY PRODUCTS INSPECTION

21 U.S.C. § 459

Compliance by all establishments

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(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 reassessmentsThe 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.(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 NotesCodification

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 L. 110–234 were repealed by section 4(a) of Pub.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.

Amendments

2008—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 SubsidiariesEffective 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.

Notes of Decisions
Cited in 4 cases, 1994–1994 · leading case: Mississippi Poultry Ass'n, Inc. v. Edward R. Madigan, Sec'y of the United States Dep't of Agric., 31 F.3d 293 (5th Cir. 1994).
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Mississippi Poultry Ass'n, Inc. v. Edward R. Madigan, Sec'y of the United States Dep't of Agric., 31 F.3d 293 (5th Cir. 1994). “See 21 U.S.C. § 459 (requiring compliance by “all establishments" with the PPIA) & § 463 (authorizing Secretary to promulgate regulations to effectuate the PPIA).”
Nat'l Broiler Council v. Voss, 44 F.3d 740 (9th Cir. 1994). “” For example, 21 U.S.C. § 459 , entitled “Compliance by all establishments,” provides that “[n]o establishment .”
Resolution Trust Corp. v. California, 851 F. Supp. 1453 (C.D. Cal. 1994). “” For example, 21 U.S.C. § 459 , entitled “Compliance by all establish­ments,” provides that “[n]o establishment .”
Mississippi Poultry Ass'n, Inc. v. Madigan (5th Cir. 1994). “2 See 21 U.S.C. § 459 (requiring compliance by "all establishments" with the PPIA) & § 463 (authorizing Secretary to promulgate regulations to effectuate the PPIA).”
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