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

21 U.S.C. § 463

Rules and regulations

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(a) Storage and handling of poultry products; violation of regulations

The Secretary may by regulations prescribe conditions under which poultry products capable of use as human food, shall be stored or otherwise handled by any person engaged in the business of buying, selling, freezing, storing, or transporting, in or for commerce, or importing, such articles, whenever the Secretary deems such action necessary to assure that such articles will not be adulterated or misbranded when delivered to the consumer. Violation of any such regulation is prohibited.

(b) Other necessary rules and regulations

The Secretary shall promulgate such other rules and regulations as are necessary to carry out the provisions of this chapter.

(c) Oral presentation of views

In applying the provisions of section 553(c) of title 5 to proposed rule making under this chapter, an opportunity for the oral presentation of views shall be accorded all interested persons.

(Pub. L. 85–172, § 14, Aug. 28, 1957, 71 Stat. 447; Pub. L. 90–492, § 13, Aug. 18, 1968, 82 Stat. 803.)Editorial NotesAmendments

1968—Pub. L. 90–492 designated existing provisions as par. (b), added pars. (a) and (c), and in par. (b), as so designated, substituted “such other rules” for “such rules”.

Statutory Notes and Related SubsidiariesEffective 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 10 cases (1 in the last 5 years), 1964–2022 · leading case: Food & Water Watch, Inc. v. Thomas Vilsack
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Food & Water Watch, Inc. v. Thomas Vilsack (2015) cadc · cites it 2× “1 because each chicken and turkey viscera will not be federally inspected; (6) violation of 21 U.S.C. § 463 (c) for failure to provide an opportunity for oral presentation of views; (7) violation of the Administrative Procedure Act (“APA”) by failing to provide adequate…”
Food & Water Watch, Inc. v. Vilsack (2015) dcd “First, Plaintiffs point to section 463(c) of the PPIA, which states that, in PPIA rulemak-ings, “an opportunity for the oral presentation of views shall be accorded all interested persons[,]” 21 U.S.C. § 463 (c), and Plaintiffs argue that “there was no opportunity for interested…”
Mississippi Poultry Association, Inc. v. Edward R. Madigan, Secretary of the United States Department of Agriculture (1994) ca5 “§ 453 (definitions), § 458 (prohibited acts), and §§ 455-57, 460, 462, 467-70 (containing monitoring provisions). In addition, administration of this scheme is placed under the control of the Secretary, who is also authorized to promulgate regulations to "flesh out” its general…”
National Petroleum Refiners Ass'n v. Federal Trade Commission (1973) cadc “The propriety of using rule-making rather than adjudication alone to set substantive regulatory standards has also been approved under the Poultry Products Inspection Act which, like the Federal Trade Commission Act, authorizes an agency, there the Secretary of Agriculture, to…”
Swift & Company v. Wickham (1964) nysd “” Pursuant to 21 U.S.C. § 463 , the Secretary of Agriculture has issued regulations to carry out the Poultry Inspection Act, the most pertinent of which we quote in the margin.”
American Public Health Association v. Earl Butz, Secretary of Department of Agriculture (1975) cadc “Under his statutorily delegated authority to promulgate necessary regulations, 21 U.S.C. §§ 463 (b), 607(c), the Secretary has provided markings for poultry and meat products.”
Adams v. Burlington Northern Railroad (1996) ca9 “112 , 113 (1933) (formerly codified at 21 U.S.C. § 463 ). The statute gave the obligor the option of paying its debts in any form of legal tender, including gold, and prevented any obligee from enforcing gold clauses in existing or future obligations.”
National Broiler Council, Inc. v. Federal Labor Relations Council (1974) vaed “, 21 U. S.C. § 463(b)], nowhere in the acts is found a grant of exclusiveness to the extent claimed.”
Animal Welfare Institute v. Perdue (2022) nywd “” 21 U.S.C. § 463 (a). The PPIA gives the Secretary similarly broad discretion over when and how ante-mortem and 20 post-mortem poultry inspections are to occur.”
Mississippi Poultry Ass'n, Inc. v. Madigan (1994) ca5 “12 Instead, Congress in these amendments created a complex "marbled provisions). In addition, administration of this scheme is placed under the control of the Secretary, who is also authorized to promulgate regulations to "flesh out" its general standards.”
— 21 U.S.C. § 463(b) — 1 case
National Broiler Council, Inc. v. Federal Labor Relations Council (1974) vaed “, 21 U. S.C. § 463(b)], nowhere in the acts is found a grant of exclusiveness to the extent claimed.”
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