(b) For two years following the effective date of this Act certificates of exemption may also be issued in other cases where the Secretary determines that it would be impracticable or he is unable to provide inspection and that the issuance of a certificate of exemption would aid in the effective administration of this Act. The Secretary may require that any person as a condition to the receipt of an exemption certificate shall comply with the sanitation standards, practices, and procedures promulgated by the Secretary in rules and regulations. (c) The Secretary may terminate exemption certificates at any time. VIOLATIONS BY EXEMPTED PERSONS SEC. 16. Any person who sells, delivers, transports or offers for sale or transportation in commerce or in a designated city or area any poultry products under an exemption certificate issued under section 15, knowing that such products are unwholesome and are intended for human consumption, shall be guilty of a misdemeanor and shall on conviction thereof be subject to the penalties set forth in section 12. IMPORTS SEC. 17. The Secretary of the Treasury shall notify the Secretary of Agriculture of the arrival of any poultry product offered for importation. If it appears to the Secretary of Agriculture that such product has been processed and packed under a system of inspection and under such sanitary conditions as are comparable to those required by this Act, and if it appears that such product is marked and labeled in a manner consistent with the requirements of this Act, and if it appears, from such examination or inspection as the Secretary deems necessary, that such product is otherwise fit for human consumption, such product may be admitted entry, provided such product meets such other requirements of law as may be applicable, otherwise such product shall be refused admission and the Secretary of the Treasury shall refuse delivery to the consignee and shall cause destruction of any such product which shall not have been exported by the consignee or the owner thereof within thirty days from the date of notice of such refusal under such regulations as the Secretary of the Treasury may prescribe: Provided, That all charges for storage, cartage, and labor with respect to any such product which is refused admission shall be paid by the owner or consignee, and in default of such payment shall constitute a lien against any other products imported thereafter by or for such owner or consignee. The Secretary of the Treasury and the Secretary of Agriculture are authorzied to issue rules and regulations to carry out the provisions of this section of the Act. GENERAL PROVISIONS SEC. 18. (a) For the purpose of preventing and eliminating burdens on commerce in poultry and poultry products, the jurisdiction of the Secretary in the fields within the scope of this Act shall be exclusive and poultry and poultry products shall also be exempt from the provisions of the Act of June 25, 1938 (52 Stat. 1040, ch. 675), as amended, to the extent that they are covered by the provisions of this Act. (b) In carrying out the provisions of this Act, the Secretary may cooperate with other branches of government and with State agencies and may conduct such examinations, investigations and inspections as he determines practicable through any officer or employee of a State commissioned by the Secretary for such purpose. APPROPRIATIONS SEC. 19. There is hereby authorized to be appropriated such sums as are necessary to carry out the provisions of this Act. SEPARABILITY OF PROVISIONS SEC. 20. If any provision of this Act or the application thereof to any person or circumstances is held invalid, the validity of the remainder of the Act and of the application of such provision to other persons and circumstances shall not be affected thereby. DEFINITIONS SEC. 21. For purposes of this Act (a) The term "commerce" means commerce between any State, Territory, or possession, or the District of Columbia, and any place outside thereof; or be tween points within the same State or the District of Columbia, but through any place outside thereof; or within the District of Columbia. (b) The term "Secretary" means the Secretary of Agriculture. (c) The term "person" means any individual, partnership, corporation, association, or any other business unit. (d) The term "poultry" means any live or slaughtered domesticated or commercially produced game bird. (e) The term "poultry product" means any poultry which has been slaughtered for human food from which the blood, feathers, feet, head and viscera have been removed in accordance with rules and regulations promulgated by the Secretary, any edible part of poultry, or, unless exempted by the Secretary, any human food product consisting of any edible part of poultry separately or in combination with other ingredients. (f) The term "wholesome" means sound, healthful, wholesome and otherwise fit for human food. (g) The term "unwholesome" means: (1) Unsound, injurious to health or otherwise rendered unfit for human food. (2) Consisting in whole or in part of any filthy, putrid, or decomposed substance. (3) Processed, prepared, packed, or held under unsanitary conditions whereby a poultry product may have become contaminated with filth or whereby a poultry product may have been rendered injurious to health. (4) Produced in whole or in part from poultry which has died otherwise than by slaughter. (5) Packaged in a container composed of any poisonous or deleterious substance which may render the contents injurious to health. (h) The term "inspector" means any person authorized by the Secretary of Agriculture to inspect poultry and poultry products under the authority of this Act. (i) The term "official inspection mark" means the symbol, formulated pursuant to rules and regulations prescribed by the Secretary, stating that the product was inspected. (j) The term "inspection service" means the official Government service within the Department of Agriculture having the responsibility for the inspection for wholesomeness of poultry and poultry products, and for carrying out the provisions of this Act. (k) The terms “container” or “package” include any box, can, tin, cloth, plastic or any other receptacle, wrapper, or cover. (1) The term "official establishment" means any establishment as determined by the Secretary at which inspection of the slaughter of poultry, or the processing of poultry products, is maintained under the authority of this Act. (m) The term "label" means any written, printed, or graphic material upon the shipping container or upon the individual consumer package, if any, of a poultry product, or accompanying such product. EFFECTIVE DATE SEC. 22. This Act shall take effect on July 1, 1958, except that pending the effective date of this Act, the Secretary is authorized to promulgate rules and regulations and to furnish inspection for poultry and poultry products in accordance with the provisions of this Act to any establishment processing poultry and poultry products in commerce or in a designated city or area which voluntarily submits to the provisions of this Act by making application for and receiving inspection provided for herein. Any person who applies for and is receiving such inspection prior to July 1, 1958, shall be subject to all the provisions and penalties herein provided for. [S. 3983, 84th Cong., 2d sess.] A BILL To provide for the compulsory inspection of poultry and poultry products so as to prohibit the movement in interstate or foreign commerce of unsound, unhealthful, diseased, unwholesome, or adulterated poultry or poultry products Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That this Act may be cited as the Poultry Inspection Act. DEFINITIONS SEC. 2. For the purposes of this Act (a) The term "commerce" means commerce within the District of Columbia, or any Territory or possession of the United States; all commerce between any point in a State, Territory, possession, or the District of Columbia and any point outside thereof; all commerce between points within the same State through any place outside such State; and all other commerce over which the United States has jurisdiction. (b) The term "poultry" means any live or slaughtered domesticated or commercially produced game bird. (c) The term "poultry product" means any poultry which has been slaughtered for human food from which the blood, feathers, feet, head, and viscera have been removed in accordance with rules and regulations promulgated by the Secretary, any edible part of poultry, or, unless exempted by the Secretary, any human food product consisting of any edible part of poultry separately or in combination with other ingredients. (d) The term "adulterated" shall apply to poultry and poultry products under one or more of the following circumstances: (1) If they bear or contain any poisonous or deleterious substance which may render them injurious to health; but, in case the substance is not an added substance, such poultry and poultry products shall not be considered adulterated under this clause if the quantity of such substance in such poultry and poultry products does not ordinarily render them injurious to health. (2) If they bear or contain any added poisonous or added deleterious substance, unless such substance is permitted in their production or unavoidable under good manufacturing practices as may be determined by rules and regulations hereunder prescribed by the Secretary or other provisions of Federal law limiting or tolerating the quantity of such added substance on or in such poultry and poultry products: Provided, That any quantity of such added substance exceeding the limits so fixed shall also be deemed to constitute adulteration. (3) If they consist in whole or in part of any filthy, putrid, or decomposed substance, or if they are otherwise unfit for food. (4) If they have been processed, prepared, packed, or held under unsanitary conditions, whereby they may have become contaminated with filth, or whereby they may have been rendered injurious to health. (5) If they are, in whole or in part, the product of diseased poultry or of poultry which has died otherwise than by slaughter. (6) If their container is composed, in whole or in part, of any poisonous or deleterious substance which may render the contents injurious to health. (7) If any substance has been substituted, wholly or in part, therefor. (8) If damage or inferiority has been concealed in any manner. (e) The term "official inspection mark" means the official device or insignia of the Poultry Inspection Section, formulated pursuant to rules and regulations prescribed by the Secretary, certifying poultry or poultry products as to fitness for use as human food, which is applied to poultry or poultry products, or upon or within the containers thereof. (f) The term "carcass" means any poultry carcass. (g) The term "denatured" means subjected to the application of crude oil, kerosene, or other material or procedure, so as to preclude use for human consumption. (h) The term "poultry-processing establishment" means any establishment in which any processing operation as defined in this section is conducted. (i) The term "processing" means any operation or combination of operations whereby poultry which is intended for sale for human consumption is killed, dressed, eviscerated, cut up, heat treated, canned, packed, repacked, reprocessed, or changed in size, shape, or form for marketing for human consumption and includes the combining of poultry and poultry products with other edible ingredients for marketing for human consumption. (j) The term "processing for commerce" means any processing of poultry and poultry products for movement in commerce at any time prior to its intended consumption as human food, or any processing thereof for sale in the District of Columbia or any Territory or possession of the United States. (k) The term "Poultry Inspection Section" means the official Government service established pursuant to this Act as a part of the Meat Inspection Branch, of the Department of Agriculture, for the inspection for wholesomeness of poultry and poultry products, and the performance of other official duties relating to the carrying out of the provisions of this Act. (1) The term "inspector" means any person authorized by the Secretary of Agriculture to inspect poultry and poultry products under the authority of this Act. (m) The term "container" means any receptacle or covering. PROHIBITED ACTS SEC. 3. On and after January 1, 1957, the following acts and the causing thereof are hereby prohibited: (1) Delivering or receiving for transportation or transporting in commerce any poultry or poultry products which have not been inspected, examined, and marked with an official inspection mark. (2) Forging, counterfeiting, or simulating, or without proper authority using, defacing, destroying, detaching, or altering any official inspection mark or failing to use, failing to deface, failing to destroy, or failing to to detach any official inspection mark, as directed by rules and regulations hereunder prescribed by the Secretary. (3) Forging, counterfeiting, or simulating, or without proper authority using, defacing, destroying, detaching, or altering any official certificates or documents, or failing to use, failing to deface, failing to destroy, or failing to detach any official certificates or documents as directed by rules and regulations hereunder prescribed by the Secretary. (4) Offering for sale or selling for human consumption, whether at wholesale or retail, in the District of Columbia or in any Territory or possession of the United States, any poultry or poultry products from a poultry processing establishment engaged in processing for commerce which has not been inspected, certified, and marked or labeled with an official inspection mark in accordance with the provisions of this Act as directed by rules and regulations hereunder prescribed by the Secretary. (5) Refusing to permit access, at all reasonable times, to the premises of an establishment engaged in processing poultry and poultry products for commerce, of inspectors and other employees of the Poultry Inspection Section. (6) Refusing to permit access to or the copying of any records of an establishment engaged in processing poultry and poultry products for commerce by inspectors or other employees of the Poultry Inspection Section where such records are relevant to the purposes of this Act. INJUNCTION PROCEEDINGS SEC. 4. (a) The district courts of the United States shall have jurisdiction, for cause shown, and subject to the provisions of section 17 (relating to notice to opposite party) of the Act entitled "An Act to supplement existing laws against unlawful restraints and monopolies, and for other purposes," approved October 15, 1914, as amended, to restrain violations of section 3. (b) In case of violation of an injunction or restraining order issued under this section, which also constitutes a violation of this Act, trial shall be by the court, or, upon demand of the accused, by a jury. Such trial shall be conducted in accordance with the practice and procedure applicable in the case of proceedings subject to the provisions of section 22 of such Act of October 15, 1914, as amended. PENALTIES SEC. 5. (a) Any person who violates any of the provisions of section 3 of this Act shall be guilty of a misdemeanor and shall on conviction thereof be subject to imprisonment for not more than one year, or a fine of not more than $1,000 or both such imprisonment and fine; but if the violation is committeed after a conviction of such person under this section has become final, such person shall be subject to imprisonment for not more than three years, or a fine of not more than $10,000, or both such imprisonment and fine. (b) Notwithstanding the provisions of subsection (a), in case of a violation of any of the provisions of section 3 of this Act, with intent to defraud or mislead, the penalty shall be imprisonment for not more than three years, or a fine of not more than $10,000, or both such imprisonment and fine. ANTE MORTEM INSPECTION SEC. 6. On and after January 1, 1957, for the purpose of preventing the entry into or flow of movement in commerce of poultry and poultry products which are unsound, unhealthful, diseased, unwholesome, adulterated, or otherwise unfit for human food, the Secretary shall cause to be made by inspectors, pursuant to rules and regulations hereunder prescribed, such ante mortem examination, inspection, quarantine, segregation, and condemnation of poultry about to be slaughtered as shall be necessary to prevent the slaughtering and further processing of sick or suspect poultry in poultry processing establishments engaged in processing for commerce. POST MORTEM EXAMINATION SEC. 7. On and after January 1, 1957, for the purposes hereinbefore set forth, the Secretary, under rules and regulations by him prescribed, shall cause to be made by inspectors, in each poultry processing establishment engaged in processing for commerce, a post mortem examination and inspection of the carcass of each bird processed. Carcasses and parts thereof of all birds found to be sound, healthful, wholesome, unadulterated, and fit for human food shall be labeled with the official inspection mark. All carcasses and parts thereof of birds found to be unsound, unheathful, unwholesome, adulterated, or otherwise unfit for human consumption shall be marked, stamped, tagged, or labeled in appropriate language, pursuant to rules and regulations prescribed by the Secretary, declaring the completion of an inspection and the finding of unfitness of such carcass or part thereof for human consumption. All carcasses and parts thereof thus inspected and found to be unfit for human consumption shall be condemned and shall be promptly denatured or destroyed, under the supervision of an inspector, by the poultry processing establishment in which found, pursuant to rules and regulations prescribed by the Secretary, so as to prevent use of same as human food and preclude dissemination of disease through consumption by animals. REINSPECTION SEC. 8. On and after January 1, 1957, under rules and regulations prescribed by the Secretary, there shall be reinspection of carcasses and parts thereof as often as may be deemed necessary to insure fitness of poultry and poultry products for human consumption. The condemnation and destruction procedures prescribed hereunder shall be applicable if necessary, upon such reinspection, notwithstanding that such poultry or poultry products had been passed and certified in the previous inspection. QUARANTINE AND SEGREGATION SEC. 9. On and after January 1, 1957, under rules and regulations prescribed by the Secretary, inspectors shall direct such quarantine or segregation of uninspected, suspect, or condemned live poultry or carcasses or parts thereof at poultry processing establishments as will prevent contamination of poultry and poultry products which may be certified as edible for human consumption. INSPECTION MARK ON CONTAINERS SEC. 10. When poultry or poultry products which have been duly certified hereunder as fit for human consumption shall be placed or packed in any container in any poultry processing establishment, the person processing same shall cause the official inspection mark to be placed upon the container, pursuant to rules and regulations prescribed by the Secretary. INSPECTION MARK ON CARCASS OR PART SEC. 11. When duly certified poultry or poultry products are intended to be offered for retail sale and are to be shipped or removed from the poultry processing establishment without being placed or packed in any retail container labeled with the official inspection mark, the official inspection mark shall be placed upon or affixed to the carcass, part thereof, or other unit of poultry or poultry products. |