1 designated, upon the Secretary determining that it is not 2 effectively enforcing requirements at least equal to those 3 imposed under said sections. 4 "(4) The Secretary shall promptly upon enactment of 5 the Wholesome Poultry Products Act, and periodically there6 after, but at least annually, review the requirements, includ7 ing the enforcement thereof, of the several States not desig8 nated under this paragraph (c), with respect to the slaugh ter, and the processing, storage, handling, and distribution of 10 poultry products, and inspection of such operations, and 11 annually report thereon to the Committee on Agriculture of 12 the House of Representatives and the Committee on Agricul13 ture and Forestry of the Senate in the report required in sec14 tion 27 of the Wholesome Poultry Products Act. 15 "(d) As used in this section, the term 'State' means 16 any State (including the Commonwealth of Puerto Rico) or 17 organized territory." 18 SEC. 6. Section 6 of said Act (21 U.S.C. 455) is 19 hereby amended as follows: 20 22 21 66 (a) Paragraph (a) is amended to read: (a) For the purpose of preventing the entry into or 22 flow or movement in commerce of, or the burdening of 222 23 24 commerce by, any poultry product which is capable of use as human food and is adulterated, the Secretary shall, where 25 and to the extent considered by him necessary, cause to be 20 1 made by inspectors ante mortem inspection of poultry in 2 each official establishment processing poultry or poultry 3 products for commerce or otherwise subject to inspection 4 under this Act." 5 (b) Paragraph (b) is amended by deleting the phrase 6 "in, or for marketing in a designated city or area" and sub7 stituting the phrase "otherwise subject to inspection under 8 this Act"; by inserting the word "and" before the word 9 "reinspection"; and by inserting the phrase "capable of use 10 as human food" after the phrase "poultry products" the 11 first time the latter phrase appears in the paragraph. 12 (c) Paragraph (c) is amended by deleting the phrase 13 "unwholesome or" and the phrase "not unwholesome and" 14 each time they appear therein; and by inserting the word 15 "other" before the phrase "poultry products". 16 SEC. 7. In section 7 of said Act (21 U.S.C. 456) para 17 graph (a) is hereby amended by deleting the phrase “in or 18 for marketing in a designated major consuming area" and 19 substituting the phrase "otherwise subject to inspection under 20 this Act"; by deleting the phrase "in a designated major 21 consuming area" and substituting the phrase "burdensome 22 effect upon commerce"; and by deleting the phrase “un23 wholesome or". SEC. 8. Section 8 of said Act (21 U.S.C. 457) is hereby 25 amended to read: 1 "SEC. 8. (a) All poultry products inspected at any offi 2 cial establishment under the authority of this Act and found 3 to be not adulterated, shall at the time they leave the estab4 lishment bear, in distinctly legible form, on their shipping 5 containers and immediate containers, and in the case of non 6 consumer packaged carcasses directly thereon, as the Secre7 tary may require, the information required under paragraph 8 (h) of section 4 of this Act. 9 "(b) The Secretary, whenever he determines such ac10 tion is necessary for the protection of the public, may pre11 scribe: (1) the styles and sizes of type to be used with respect 12 to material required to be incorporated in labeling to avoid 13 false or misleading labeling in marketing and labeling any 14 articles or poultry subject to this Act; (2) definitions and 15 standards of identity or composition or articles subject to this 16 Act and standards of fill of container for such articles not in17 consistent with any such standards established under the 18 Federal Food, Drug, and Cosmetic Act, and there shall be 19 consultation between the Secretary and the Secretary of 20 Health, Education, and Welfare prior to the issuance of such 21 standards under either Act relating to articles subject to this 22 Act to avoid inconsistency in such standards and possible 23 impairment of the coordinated effective administration of 24 these Acts. There shall also be consultation between the Sec 96-351 - 686 1 22 retary and an appropriate advisory committee provided for 2 in section 5 of this Act, prior to the issuance of such stand3 ards under this Act, to avoid, insofar as feasible, inconsistency 4 between Federal and State standards. 5 "(c) No article subject to this Act shall be sold or offered 6 for sale by any person in commerce, under any name or 7 other marking or labeling which is false or misleading, or in 8 any container of a misleading form or size, but established 9 trade names and other marking and labeling and containers 10 which are not false or misleading and which are approved 11 by the Secretary are permitted. 12 15 "(d) If the Secretary has reason to believe that any 13 marking or labeling or the size or form of any container in 14 use or proposed for use with respect to any article subject to this Act is false or misleading in any particular, he may 16 direct that such use be withheld unless the marking, label17 ing, or container is modified in such manner as he may pre18 scribe so that it will not be false or misleading. If the person 19 using or proposing to use the marking, labeling, or container 20 does not accept the determination of the Secretary, such person may request a hearing, but the use of the marking, 22 labeling, or container shall, if the Secretary so directs, be 23 withheld pending hearing and final determination by the 24 Secretary. Any such determination by the Secretary shall 25 be conclusive unless, within thirty days after receipt of 21 1 notice of such final determination, the person adversely 2 affected thereby appeals to the United States Court of Ap3 peals for the circuit in which such person has its principal 4 place of business or to the United States Court of Appeals 5 for the District of Columbia Circuit. The provisions of sec6 tion 204 of the Packers and Stockyards Act, 1921 (42 7 Stat. 162, as amended; 7 U.S.C. 194), shall be applicable 8 to appeals taken under this section." 9 SEC. 9. Section 9 of said Act (21 U.S.C. 458) is 10 amended to read: "SEC. 9. (a) No person shall knowingly "(1) slaughter any poultry or process any poultry sale, transportation, offer for sale or transportation, or been so inspected and passed; "(3) do, with respect to any poultry products which m |