Title 21Food and DrugsRelease 119-73

§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

Title 21 › Chapter CHAPTER 10— - POULTRY AND POULTRY PRODUCTS INSPECTION › § 467e

Last updated Apr 6, 2026|Official source

Summary

States, territories, and the District of Columbia cannot make rules for official establishments that add to or conflict with the federal rules about buildings, equipment, or operations. They also cannot set extra or different rules on marking, labeling, packaging, ingredients, or on storage and handling if the Secretary says those rules would unduly block poultry moving in commerce. They may set recordkeeping and similar rules under paragraph (b) of section 460 if those rules match the federal law. States, territories, and D.C. can join with the federal government to stop adulterated or misbranded food from being sold for people to eat once it is outside an inspected establishment, or for imported food after it enters the United States. They may also make other requirements that agree with the federal rules for matters covered by this chapter.

Full Legal Text

Title 21, §467e

Food and Drugs — Source: USLM XML via OLRC

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 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.

Reference

Citations & Metadata

Citation

21 U.S.C. § 467e

Title 21Food and Drugs

Last Updated

Apr 6, 2026

Release point: 119-73