§ 455. Inspection of carcasses in official establishments. (a) Ante mortem inspection. For the purpose of preventing the entry into or flow or movement in commerce or a designated major consuming area of any poultry product which is unwholesome or adulterated, the Secretary shall, where and to the extent considered by him necessary, cause to be made by inspectors ante mortem inspection of poultry in any official establishment processing poultry or poultry products for commerce or in, or for marketing in a designated city or area. (b) Post mortem inspection; quarantine; segregation; reinspection. The Secretary, whenever processing operations are being conducted, shall cause to be made by inspectors post mortem inspection of the carcass of each bird processed, and at any time such quarantine, segregation, reinspection as he deems necessary of poultry and poultry products in each official establishment processing such poultry or poultry products for commerce or in, or for marketing in a designated city or area. (c) Condemnation; appeal; reprocessing. All poultry carcasses and parts thereof and poultry products found to be unwholesome or adulterated shall be condemned and shall, if no appeal be taken from such determination of condemnation, be destroyed for human food purposes under the supervision of an inspector: Provided, That carcasses, parts, and products, which may by reprocessing be made not unwholesome and not adulterated, need not be so condemned and destroyed if so reprocessed under the supervision of an inspector and thereafter found to be not unwholesome and not adulterated. If an appeal be taken from such determination, the carcasses, parts, or products shall be appropriately marked and segregated pending completion of an appeal inspection, which appeal shall be at the cost of the appellant if the Secretary determines that the appeal is frivolous. If the determination of condemnation is sustained the carcasses, parts, and products shall be destroyed for human food purposes under the supervision of an inspector. (Pub. L. 85-172, § 6, Aug. 28, 1957, 71 Stat. 443.) § 456. Operation of premises, facilities and equipment. (a) Sanitary practices. Each official establishment slaughtering poultry or processing poultry products for commerce or in or for marketing in a designated major consuming area shall have such premises, facilities, and equipment, and be operated in accordance with such sanitary practices, as are required by regulations promulgated by the Secretary for the purpose of preventing the entry into or flow or movement in commerce or in a designated major consuming area, of poultry products which are unwholesome or adulterated. (b) Refusal of inspection. The Secretary shall refuse to render inspection to any establishment whose premises, facilities, or equipment, or the operation thereof, fail to meet the (a) Requirements for shipping and immediate containers. Each shipping container of any poultry product inspected under the authority of this chapter and found to be wholesome and not adulterated, shall at the time such product leaves the official establishment bear, in distinctly legible form, the official inspection mark and the approved plant number of the official establishment in which the contents were processed. Each immediate container of any poultry product inspected under the authority of this chapter and found to be wholesome and not adulterated shall at the time such product leaves the official establishment bear, in addition to the official inspection mark, in distinctly legible form, the name of the product, a statement of ingredients if fabricated from two or more ingredients including a declaration as to artificial flavors, colors, or preservatives, if any, 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. The name and address of the distributor may be used in lieu of the name and address of the processor if the approved plant number is used to identify the official establishment in which the poultry product was prepared and packed. The Secretary may permit reasonable variations and grant exemptions from the foregoing labeling requirements in any manner not in conflict with the purposes of this chapter. (b) False or misleading labeling. The use of any written, printed or graphic matter upon or accompanying any poultry product inspected or required to be inspected pursuant to the provisions of this chapter or the container thereof which is false or misleading in any particular is prohibited. No poultry products inspected or required to be inspected pursuant to the provisions of this chapter shall be sold or offered for sale by any person, firm, or corporation under any false or deceptive name; but established trade name or names which are usual to such products and which are not false and deceptive and which shall be approved by the Secretary are permitted. If the Secretary has reason to believe that any label in use or prepared for use is false or misleading in any particular, he may direct that the use of the label be withheld unless it is modified in such manner as the Secretary may prescribe so that it will not be false or misleading. If the person using or proposing to use the label does not accept the determination of the Secretary, he may request a hearing, but the use of the label 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 the 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 he has his 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. 445.) § 458. Prohibited acts. The following acts or the causing thereof are prohibited: (a) The processing, sale or offering for sale, transportation, or delivery or receiving for transportation, in commerce or in a designated major consuming area of any poultry product, unless such poultry product has been inspected for wholesomeness and unless the shipping container, if any, and the immediate container are marked in accordance with the provisions of this chapter. (b) The sale or other disposition for human food of any poultry or poultry product which has been inspected and declared to be unwholesome or adulterated under this chapter. (c) Falsely making or issuing, altering, forging, simulating, or counterfeiting any official inspection certificate, memorandum, mark, or other identification, or device for making such mark or identification, used in connection with the inspection of poultry or poultry products under this chapter, or causing, procuring, aiding, assisting in, or being a party to, such false making, issuing, altering, forging, simulating, or counterfeiting, or knowingly possessing, without promptly notifying the Secretary of Agriculture or his representative, uttering, publishing, or using as true, or causing to be uttered, published, or used as true, any such falsely made or issued, altered, forged, simulated, or counterfeited official inspection certificate, memorandum, mark, or other identification, or device for making such mark or identification, or representing that any poultry or poultry product has been officially inspected under the authority of this chapter when such poultry or poultry product has in fact not been so inspected. (d) Using in commerce, or in a designated major consuming area, a false or misleading label on any poultry product. (e) The use of any container bearing an official inspection mark except for the poultry product in the original form in which it was inspected and covered by said mark unless the mark is removed, obliterated, or otherwise destroyed. (f) The refusal to permit access by any duly authorized representative of the Secretary, at all reasonable times, to the premises of an establishment engaged in processing poultry or poultry products for commerce, or in or for marketing in a designated major consuming area, upon presentation of appropriate credentials. (g) The refusal to permit access to and the copying of any record as authorized by section 460 of this title. (h) The using by any person to his own advantage, or revealing, other than to the authorized representatives of the Government in their official capacity, or to the courts when relevant in any judicial proceeding under this chapter, any information acquired under the authority of this chapter, concerning any matter which as a trade secret is entitled to protection. (i) Delivering, receiving, transporting, selling, or offering for sale or transport for human consumption any slaughtered poultry or any part thereof, separately or in combination with other ingredients (other than poultry products as defined in this chapter), in commerce or from an official establishment or in a designated major consuming area, except as may be authorized by and pursuant to rules and regulations prescribed by the Secretary (Pub. L. 85-172, § 9, Aug. 28, 1957, 71 Stat. 445.) § 459. Compliance by all establishments. No establishment processing poultry or poultry products for commerce or in or for marketing in a designated major consuming area shall process any poultry or poultry product except in compliance with the requirements of this chapter. (Pub. L. 85-172, § 10, Aug. 28, 1957, 71 Stat. 446.) § 460. Records of interstate shipment; access; time maintained. For the purpose of enforcing the provisions of this chapter, persons engaged in the business of processing, transporting, shipping, or receiving poultry slaughtered for human consumption or poultry products in commerce or in a designated major consuming area, or holding such products so received shall maintain records showing, to the extent that they are concerned therewith, the receipt, delivery, sale, movement, or disposition of poultry and poultry products and shall, upon the request of a duly authorized representative of the Secretary, permit him at reasonable times to have access to and to copy all such records. Any record required to be maintained by this section shall be maintained for a period of two years after the transaction, which is the subject of such record, has taken place. (Pub. L. 85-172, § 11, Aug. 28, 1957, 71 Stat. 446.) § 461. Penalties. (a) Offenses; liability of agents, employees, and employers. Any person who violates the provisions of section 458, 459, 460, or 466 of this title, shall be guilty of a misdemeanor and shall on conviction thereof be subject to imprisonment for not more than six months, or a fine of not more than $3,000, or both such imprisonment and fine; but if such violation is committed after one conviction of such person under this section has become final such person shall be subject to imprisonment for not more than one year, or a fine of not more than $5,000, or both such imprisonment and fine; but if such violation is committed after two or more convictions of such person under this section have become final such person shall be subject to imprisonment for not more than two years, or a fine of not more than $10,000, or both such imprisonment and fine. When construing or enforcing the provisions of said sections the act, omission, or failure of any person acting for or employed by any individual, partnership, corporation, or association within the scope of his employment or office shall in every case be deemed the act, omission, or failure of such individual, partnership, corporation, or association, as well as of such person. (b) Liability of carrier. No carrier shall be subject to the penalties of this chapter, other than the penalties for violation of section 460 of this title, by reason of his receipt, carriage, holding, or delivery, in the usual course of business, as a carrier, of slaughtered poultry or poultry products, owned by another person unless the carrier has knowledge, or is in possession of facts which would cause a reasonable person to believe that such slaughtered poultry or poultry products were not inspected or marked in accordance with the provisions of this chapter or were not otherwise eligible for transportation under this chapter. (Pub. L. 85-172, § 12, Aug. 28, 1957, 71 Stat. 446.) § 462. Reporting of violations; notice; opportunity to present views. Before any violation of this chapter is reported by the Secretary to any United States attorney for institution of a criminal proceeding, the person against whom such proceeding is contemplated shall be given reasonable notice of the alleged violation and opportunity to present his views orally or in writing with regard to such contemplated proceeding. Nothing in this chapter shall be construed as requiring the Secretary to report for criminal prosecution violations of this chapter whenever he believes that the public interest will be adequately served and compliance with the chapter obtained by a suitable written notice or warning. 85-172, § 13, Aug. 28, 1957, 71 Stat. 447.) § 463. Rules and regulations. (Pub. L. The Secretary shall promulgate such rules and regulations as are necessary to carry out the provisions of this chapter. (Pub. L. 85-172, § 14, Aug. 28, 1957, 71 Stat. 447.) § 464. Exemptions. (a) Persons exempted. The Secretary shall, by regulation and under such conditions as to sanitary standards, practices, and procedures as he may prescribe, exempt from specific provisions of this chapter (1) poultry producers with respect to poultry of their own raising on their own farms which they sell directly to household consumers or restaurants, hotels, and boarding houses for use in their own dining rooms or in the preparation of meals for sales direct to consumers only: Provided, That such poultry producers do not engage in buying or selling poultry products other than those produced from poultry raised on their own farms; (2) retail dealers with respect to poultry products sold directly to consumers in individual retail stores, if the only processing operation performed by such retail dealers is the cutting up of poultry products on the premises where such sales to consumers are made; (3) for such period of time as the Secretary determines that it would be impracticable to provide inspection and the exemption will aid in the effective administration of this chapter, any person engaged in the processing of poultry or poultry products for commerce and the poultry or poultry products processed by such person: Provided, however, That no such exemption shall continue in effect on and after July 1, 1960; and (4) persons slaughtering, processing, or otherwise handling poultry or poultry products which have been or are to be processed as required by recognized religious dietary laws, to the extent that the Secretary determines necessary to avoid conflict with such requirements while still effectuating the purposes of this chapter. (b) Suspension or termination of exemption. The Secretary may by order suspend or terminate any exemption under this section with respect to any person whenever he finds that such action will aid in effectuating the purposes of this chapter. (Pub. L. 85-172, § 15, Aug. 28, 1957, 71 Stat. 447.) § 465. Violations by exempted persons. Any person who sells, delivers, transports or offers for sale or transportation in commerce or in a designated major consuming area any poultry or poultry products which are exempt under section 464 of this title, and which are unwholesome or adulterated 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 461 of this title. (Pub. L. 85-172, § 16, Aug. 28, 1957, 71 Stat. 448.) § 466. Imports. (a) Compliance with standards and regulations; status after importation. No slaughtered poultry, or parts or products thereof, of any kind shall be imported into the United States unless they are healthful, wholesome, fit for human food, not adulterated, and contain no dye, chemical, preservative, or ingredient which renders them unhealthful, unwholesome, adulterated, or unfit for human food and unless they also comply with the rules and regulations made by the Secretary of Agriculture to assure that imported poultry or poultry products comply with the standards provided for in this chapter. All imported, slaughtered poultry, or parts or products thereof, shall after entry into the United States in compliance with such rules and regulations be deemed and treated as domestic slaughtered poultry, or parts or products thereof, within the meaning and subject to the provisions of this chapter and the Federal Food, Drug, and Cosmetic Act, and Acts amendatory of, supplemental to, or in substitution for such chapter and Act. (b) Rules and regulations; destruction and exportation of refused imports. The Secretary of Agriculture is authorized to make rules and regulations to carry out the purposes of this section and in such rules and regulations the Secretary of Agriculture may prescribe the terms and conditions for the destruction of all slaughtered poultry, or parts or products thereof, offered for entry and refused admission into the United States unless such slaughtered poultry, or parts or products thereof, be exported by the consignee within the time fixed therefor in such rules and regulations. Sec. 506. Licenses to manufacture narcotic drugs.—Continued (c) Manufacture of other basic classes of narcotic drugs. (c) Storage, cartage and labor charges for imports refused admission. All charges for storage, cartage, and labor with respect to any product which is refused admission pursuant to this section 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. (Pub. L. 85-172, § 17, Aug. 28, 1957, 71 Stat. 448.) REFERENCES IN TEXT The Federal Food, Drug, and Cosmetic Act, referred to in subsec. (a), is classified to chapter 9 of this title. § 467. Jurisdiction and powers of Secretary. (a) For the purpose of preventing and eliminating burdens on commerce in poultry and poultry products, the jurisdiction of the Secretary within the scope of this chapter shall be exclusive and poultry and poultry products shall be exempt from the provisions of the Federal Food, Drug, and Cosmetic Act, as amended, to the extent of the application or the extension thereto of the provisions of this chapter. (b) In carrying out the provisions of this chapter, 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. 85-172, § 18, Aug. 28, 1957, 71 Stat. 448.) REFERENCES IN TEXT (Pub. L. The Federal Food, Drug, and Cosmetic Act, as amended, referred to in subsec. (a), is classified to chapter 9 of this title. § 468. Cost of inspection; overtime. The cost of inspection rendered under the requirements of this chapter, shall be borne by the United States, except that the cost of overtime and holiday work performed in establishments subject to the provisions of this chapter at such rates as the Secretary may determine shall be borne by such establishments. Sums received by the Secretary in reimbursement for sums paid out by him for such premium pay work shall be available without fiscal year limitation to carry out the purposes of this section. (Pub. L. 85-172, § 19, Aug. 28, 1957, 71 Stat. 448.) § 469. Authorization of appropriations. There is authorized to be appropriated such sums as are necessary to carry out the provisions of this chapter. (Pub. L. 85-172, § 20, Aug. 28, 1957, 71 Stat. 449.) (d) Production of limited quantities of narcotics for research or testing; reports. (e) Compliance with Administrative Procedure Act. 507. Revocation or suspension of licenses. (a) Grounds. 508. (b) Procedure. Seizure of narcotic drugs, order forms, and tax stamps upon suspension or revocation of license. 509. Manufacturing quotas for basic classes of narcotic drugs. (a) Determination of quantity of drugs. (c) Application for quota; formula; minimum (d) Provisional quota for licensed manufacturers. (e) Application for quota by licensed manufacturer who has not manufactured basic class of drug, during one or more of three preceding years. (f) Increase of quota; matters considered. 510. Exception from applicability of license and quota provisions. 511. Records and reports by manufacturers of narcotic precursors; report to the Congress. Judicial review. 512. 513. Authorization by Secretary for importation of narcotic drugs. 514. Enforcement and authority to delegate functions. 515. Penalties. 516. Burden of proof of exemptions; presumptions. 517. Territorial application. § 501. Congressional statement of purpose. The enactment of this chapter is necessary for the following reasons: (1) The Congress has long recognized that the manufacture, distribution, and use of narcotic drugs for nonmedical and nonscientific purposes endangers the health of the American people and threatens the general welfare. The Congress has enacted laws and the Senate has approved international conventions designed to establish effective control over domestic and international traffic in narcotic drugs. (2) Until recently, most narcotic drugs were made from natural raw materials such as the opium poppy and the coca leaf, produced in limited areas of the world. In practice, control over the production of narcotic drugs could therefore be achieved by national and international restrictions over the production and shipment of these raw materials and their use to manufacture narcotic drugs. (3) In recent years, however, technological advances have resulted in the development of new types of narcotic drugs, produced synthetically from a variety of generally available raw materials. As a result, controls over the production of narcotic drugs can no longer be maintained solely by controls relating to the opium poppy and the coca leaf. (4) The United States has joined with other nations in executing international conventions intended to establish suitable controls over production, shipment, and use of all narcotic drugs. These conventions are not self-executing, and the obligations of the United States thereunder must be performed pursuant to appropriate legislation. (5) In order (A) to discharge more effectively the international obligations of the United States, (B) to promote the public health, safety, and welfare, (C) to regulate interstate and foreign commerce in narcotic drugs, and (D) to safeguard the revenue derived from taxation of narcotic drugs, the Congress finds it necessary to enact a statute for the licensing and control of the manufacture of all narcotic drugs. (Pub. L. 86-429, § 2, Apr. 22, 1960, 74 Stat. 55.) REFERENCES IN TEXT This chapter, referred to in text, was in the original "this Act", meaning Pub. L. 86-429, which added this chapter and amended section 182 of this title and sections 4702(a) and 4731 (a), (g) of Title 26, Internal Revenue Code of 1954. EFFECTIVE DATE Section 22 of Pub. L. 86-429 provided that: "With the exception of section 8(a) [section 506(a) of this title], this Act [adding this chapter, amending section 182 of this title and sections 4702 (a), and 4731 (a), (g) of Title 26, and enacting notes set out under this section and section 4731 of Title 26] shall take effect on January 1 of the year following the date of its enactment [April 22, 1960]. Section 8(a) [section 506(a) of this title] shall take effect on the date of enactment of this Act [April 22, 1960]." SHORT TITLE Section 1 of Pub. L. 86-429 provided that Pub. L. 86429, which added this chapter, amended section 182 of this title and sections 4702(a) and 4731(a), (g) of Title 26, Internal Revenue Code of 1954, and enacted notes set out under this section and section 4731 of Title 26, may be cited as the "Narcotics Manufacturing Act of 1960." SEPARABILITY OF PROVISIONS Section 21 of Pub. L. 86-429 provided that: "If any provision of this Act [adding this chapter, amending section 182 of this title and sections 4702(a), and 4731 (a), (g) of Title 26, and enacting notes set out under this section and section 4731 of Title 26], or the application of such provision to any circumstances, shall be held invalid, the validity of the remainder of the Act and the applicability of such provision to other persons or circumstances shall not be affected thereby." § 502. Definitions. For the purposes of this chapter (a) The term "1931 convention" means the Convention for Limiting the Manufacture and Regulating the Distribution of Narcotic Drugs, concluded at Geneva, July 13, 1931, and entered into force with respect to the United States of America, July 9, 1933, as amended by the protocol signed at Lake Success on December 11, 1946. (b) The term "1948 protocol" means the protocol bringing under international control drugs outside the scope of the convention of July 13, 1931, for limiting the manufacture and regulating the distribution of narcotic drugs (as amended by the protocol signed at Lake Success on December 11, 1946), signed at Paris, November 19, 1948, and entered into force with respect to the United States of America, September 11, 1950. (c) The term "Secretary or his delegate" means the Secretary of the Treasury, or any officer, employee, or agency of the Treasury Department duly authorized by the Secretary (directly or indirectly by one or more redelegations of authority) to perform the function mentioned or described in the context. (d) The term "person" includes an individual, partnership, corporation, association, trust, or other institution or entity. (e) The term "narcotic drug" means narcotic drug as defined in section 4731(a) of Title 26, as amended by section 4 of this Act. (f) The term "manufacture" means the production of a narcotic drug, either directly or indirectly by extraction from substances of vegetable origin, or independently by means of chemical synthesis or by a combination of extraction and chemical synthesis. (g) The term "basic class of narcotic drug" means any one of the following classes of narcotic drugs and any additional class or classes of narcotic drugs (other than crude opium or coca leaves), by whatever trade name designated, as may be defined from time to time by the Secretary or his delegate in accordance with section 504 of this title: 1. Opium, powdered, granulated, or deodorized, or tinctures or extracts of opium. 2. Mixed alkaloids of opium and their salts. 10. Ethylmorphine and its salts. salts. and its 13. Hydromorphone (dihydromorphinone) and its salts. 14. Metopon (methyldihydromorphinone) and its salts. 15. Dihydrocodeine and its salts. 16. Hydrocodone (dihydrocodeinone) and its salts. 17. Oxycodone (dihydrohydroxycodeinone) and its salts. 18. Cocaine and its salts. 19. Ecgonine and its salts. 20. Pethidine (meperidine, isonipecaine) (1methyl-4-phenylpiperidine-4-carboxylic acid ethyl ester) and its salts. 21. Alphaprodine (alpha-1, 3-dimethyl-4-phenyl4-propionoxypiperidine) and its salts. 22. Methadone (amidone) (6-dimethylamino-4, 4diphenyl-3-heptanone) and its salts. 23. Isomethadone (isoamidone) 6-dimethylamino5-methyl-4, 4-diphenyl-3-hexanone) and its salts. 24. Levorphan and racemorphan (3-hydroxy-Nmethylmorphinan) and their salts. 25. Levomethorphan and racemethorphan (3methoxy-N-methylmorphinan) and their salts. 26. Anileridine (Ethyl 1-[2-(p-amino phenyl)ethyl]-4-phenyl piperidine-4-carboxylate) and its salts. 27. Phenazocine (2'-Hydroxy-5, 9-dimethyl-2(2-phenylethyl) -6, 7-benzomorphan) and its salts. (h) The term "net disposal" means the quantity of a basic class of narcotic drug, sold, exchanged, given away, used in the production of another basic class of narcotic drug for which the manufacturer is licensed, or otherwise disposed of (as such or contained in or combined with other drugs compounded by the manufacturer of such basic class) by the manufacturer during a stated period, less the quantity of any such basic class of narcotic drug returned to the manufacturer by a customer and any quan |