Title 21 — Food and DrugsRelease 119-73
§459 Compliance by all establishments
Title 21 › Chapter CHAPTER 10— - POULTRY AND POULTRY PRODUCTS INSPECTION › § 459
Summary
All plants that process poultry for sale must follow the rules in this chapter. If a plant thinks any poultry it made or sent out is contaminated or labeled wrong and may have reached the market, it must quickly tell the Secretary what kind, how much, where it came from, and where it went. The Secretary also requires each inspected plant to keep up-to-date written recall steps, document any rechecks of its process control plans, and show or copy those records to inspectors when asked.
Full Legal Text
Title 21, §459
Food and Drugs — Source: USLM XML via OLRC
(a)No establishment processing poultry or poultry products for commerce otherwise subject to this chapter shall process any poultry or poultry product except in compliance with the requirements of this chapter.
(b)Any establishment subject to inspection under this chapter that believes, or has reason to believe, that an adulterated or misbranded poultry or poultry product received by or originating from the establishment has entered into commerce shall promptly notify the Secretary with regard to the type, amount, origin, and destination of the poultry or poultry product.
(c)The Secretary shall require that each establishment subject to inspection under this chapter shall, at a minimum—
(1)prepare and maintain current procedures for the recall of all poultry or poultry products produced and shipped by the establishment;
(2)document each reassessment of the process control plans of the establishment; and
(3)upon request, make the procedures and reassessed process control plans available to inspectors appointed by the Secretary for review and copying.
Legislative History
Notes & Related Subsidiaries
Editorial Notes
Codification Pub. L. 110–234 and Pub. L. 110–246 made identical
Amendments
to this section. The
Amendments
by Pub. L. 110–234 were repealed by section 4(a) of Pub. L. 110–246.
Amendments
2008—Pub. L. 110–246, § 11017(b), inserted section catchline, designated existing provisions as subsec. (a), inserted heading, and added subsecs. (b) and (c). 1968—Pub. L. 90–492 substituted “otherwise subject to this chapter” for “in or for marketing in a designated major consuming area”.
Statutory Notes and Related Subsidiaries
Effective Date
of 2008 AmendmentAmendment of this section and repeal of Pub. L. 110–234 by Pub. L. 110–246 effective May 22, 2008, the date of enactment of Pub. L. 110–234, see section 4 of Pub. L. 110–246, set out as an
Effective Date
note under section 8701 of Title 7, Agriculture.
Effective Date
of 1968 AmendmentAmendment 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.
Reference
Citations & Metadata
Citation
21 U.S.C. § 459
Title 21 — Food and Drugs
Last Updated
Apr 6, 2026
Release point: 119-73