tion in all other kinds of cases arising under this chapter, except as provided in section 457(d) or 467 of this title. All proceedings for the enforcement or to restrain violations of this chapter shall be by and in the name of the United States. Subpenas for witnesses who are required to attend a court of the United States. in any district, may run into any other district in any such proceeding. (Pub. L. 85-172, § 21, as added Pub. L. 90-492, § 17, Aug. 18, 1968, 82 Stat. 806.) SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 454, 467b, 467d of this title. § 467d. Administration and enforcement; applicability of penalty provisions; conduct of inquiries; power and jurisdiction of courts For the efficient administration and enforcement of this chapter, the provision (including penalties) of sections 46, 48, 49 and 50 of title 15 (except paragraphs (c) through (h) of section 46 of title 15 and the last paragraph of section 49 of title 15), and the provisions of section 409(1) of title 47, are made applicable to the jurisdiction, powers, and duties of the Secretary in administering and enforcing the provisions of this chapter and to any person with respect to whom such authority is exercised. The Secretary, in person or by such agents as he may designate, may prosecute any inquiry necessary to his duties under this chapter in any part of the United States, and the powers conferred by said sections 49 and 50 of title 15 on the district courts of the United States may be exercised for the purposes of this chapter by any court designated in section 467c of this title. (Pub. L. 85-172, § 22, as added Pub. L. 90-492, § 17. Aug. 18, 1968, 82 Stat. 807.) REFERENCES IN TEXT The last paragraph of section 49 of title 15, and the provisions of section 409(1) of title 47, referred to in text, which related to immunity of witnesses, were repealed by sections 211 and 242 of Pub. L. 91-452, Oct. 15, 1970, title II. 84 Stat. 929, 930, respectively. For provisions relating to immunity of witnesses, see section 6001 et seq. of Title 18, Crimes and Criminal Procedure. SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 454 of this title. § 467e. Non-Federal jurisdiction of federally regulated matters; prohibition of additional or different requirements for establishments with inspection services and as to marking, labeling, packaging, and ingredients; recordkeeping and related requirements; concurrent jurisdiction over distribution for human food purposes of adulterated or misbranded and imported articles; other matters Requirements within the scope of this chapter with respect to premises, facilities and operations of any official establishment which are in addition to, or different than those made under this chapter may not be imposed by any State or Territory or the District of Columbia, except that any such jurisdiction may impose recordkeeping and other requirements within the scope of paragraph (b) of section 460 of this Page 848 title, if consistent therewith, with respect to any such establishment. Marking, labeling. packaging, or ingredient requirements (or storage or handling requirements found by the Secretary to unduly interfere with the free flow of poultry products in commerce) in addition to. or different than, those made under this chapter may not be imposed by any State or Territory or the District of Columbia with respect to articles prepared at any official establishment in accordance with the requirements under this chapter, but any State or Territory or the District of Columbia may, consistent with the requirements under this chapter exercise concurrent jurisdiction with the Secretary over articles required to be inspected under this chapter for the purpose of preventing the distribution for human food purposes of any such articles which are adulterated or misbranded and are outside of such an establishment, or, in the case of imported articles which are not at such an establishment, after their entry into the United States. This chapter shall not preclude any State or Territory or the District of Columbia from making requirement or taking other action, consistent with this chapter, with respect to any other matters regulated under this chapter. (Pub. L. 85-172, § 23, as added Pub. L. 90-492, § 17, Aug. 18, 1968, 82 Stat. 807.) § 467f. Federal Food, Drug, and Cosmetic Act applications (a) Exemptions; authorities under food, drug, and cosmetic provisions unaffected Poultry and poultry products shall be exempt from the provisions of the Federal Food, Drug, and Cosmetic Act [21 U.S.C. 301 et. seq.] to the extent of the application or extension thereto of the provisions of this chapter, except that the provisions of this chapter shall not derogate from any authority conferred by the Federal Food, Drug, and Cosmetic Act prior to August 18, 1968. (b) Enforcement proceedings; detainer authority of representatives of Secretary of Health and Human Services The detainer authority conferred by section 467a of this title shall apply to any authorized representative of the Secretary of Health and Human Services for purposes of the enforcement of the Federal Food, Drug, and Cosmetic Act [21 U.S.C. 301 et seq.] with respect to any poultry carcass, or part or product thereof, that is outside any official establishment, and for such purposes the first reference to the Secretary in section 467a of this title shall be deemed to refer to the Secretary of Health, Education. and Welfare. (Pub. L. 85-172, § 24, as added Pub. L. 90-492. § 17, Aug. 18, 1968, 82 Stat. 807, and amended Pub. L. 96-88, title V, § 509(b), Oct. 17, 1979, 93 Stat. 695.) REFERENCES IN TEXT The Federal Food, Drug, and Cosmetic Act, referred to in text, is act June 25, 1938, ch. 675, 52 Stat. 1040, as amended, which is classified generally to chapter 9 § 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, § 25, formerly § 19, Aug. 28, 1957, 71 Stat. 448, renumbered Pub. L. 90-492, § 17, Aug. 18, 1968, 82 Stat. 805.) § 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, § 26, formerly 20, Aug. 28, 1957, 71 Stat. 449, renumbered Pub. L. 90-492, 17, Aug. 18, 1968, 82 Stat. 805.) § 470. Reports to Congress The Secretary shall annually report to the Committee on Agriculture of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate with respect to the slaughter of poultry subject to this chapter, and the preparation, storage, handling, and distribution of poultry parts, poultry products, and inspection of establishments operated in connection therewith, including the operations under and the effectiveness of this chapter. (Pub. L. 85-172, § 27, as added Pub. L. 90-492, § 17, Aug. 18, 1968, 82 Stat. 807, and amended S. Res. 4, Feb. 4, 1977.) CHANGE OF NAME The Committee on Agriculture and Forestry of the Senate was abolished and replaced by the Committee on Agriculture, Nutrition, and Forestry of the Senate, effective Feb. 11, 1977. See Rule XXV of the Standing Rules of the Senate, as amended by Senate Resolution 4 (popularly cited as the "Committee System Reorganization Amendments of 1977"), approved Feb. 4, 1977. SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 454 of this title. 96 STAT. 136 June 30, 1982 [H.R. 3863] Poultry Products Inspection Act, amendment. PUBLIC LAW 97-206-JUNE 30, 1982 Public Law 97-206 97th Congress An Act To amend the Poultry Products Inspection Act to increase the number of turkeys which may be slaughtered and processed without inspection under such Act, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That section 15(c)(3) of the Poultry Products Inspection Act (21 U.S.C. 464(c)(3)) is amended by striking out "slaughters" and all that follows and inserting in lieu thereof the following: ", in the current calendar year "(A) slaughters or processes the products of more than 20,000 poultry; or "(B) slaughters or processes the products of poultry at a facility used for slaughtering or processing of the products of poultry by any other poultry producer or person. Notwithstanding clause (B), the Secretary may grant such exemption to any poultry producer or other person if the Secretary determines, upon application of such poultry producer or other person, that granting such exemption will not impair effectuating the purposes of this Act.". SEC. 2. Section 15(c)(4) of the Poultry Products Inspection Act (21 U.S.C. 464(cX4)) is amended by striking out all of clause lettered (i) and inserting in lieu thereof the following: "(i) such producers slaughter not more than 1,000 poultry during the calendar year for which this exemption is being determined;". Approved June 30, 1982. TITLE XVII-RELATED AND MISCELLANEOUS MATTERS Subtitle A-Processing, Inspection, and Labeling POULTRY INSPECTION SEC. 1701. (a) Section 17 of the Poultry Products Inspection Act (21 U.S.C. 466) is amended by adding at the end thereof the following new subsection: "(d)(1) Notwithstanding any other provision of law, all poultry, or parts or products thereof, capable of use as human food offered for importation into the United States shall "(A) be subject to the same inspection, sanitary, quality, species verification, and residue standards applied to products produced in the United States; and "(B) have been processed in facilities and under conditions that are the same as those under which similar products are processed in the United States. "(2) Any such imported poultry article that does not meet such standards shall not be permitted entry into the United States. "(3) The Secretary shall enforce this subsection through "(A) random inspections for such species verification and for residues; and "(B) random sampling and testing of internal organs and fat of carcasses for residues at the point of slaughter by the exporting country, in accordance with methods approved by the Secretary.". (b) The amendment made by this section shall become effective 6 months after the date of enactment of this Act. Prohibition. Effective date. |