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Title 21 — Food and DrugsRelease 119-73not60

§459 Compliance by All Establishments

Title 21 › Chapter 10— POULTRY AND POULTRY PRODUCTS INSPECTION › § 459

Last updated Apr 5, 2026|Official source

Summary

Plants that process poultry for sale must follow the rules in this law and may not handle poultry or poultry products unless they comply. If an inspected plant knows or has reason to believe that contaminated or wrongly labeled poultry it made has entered commerce, it must quickly tell the Secretary and give the type, amount, origin, and destination. The Secretary requires each inspected plant to at least: keep current recall procedures for all poultry it makes and ships; document every reassessment of its process control plans; and, when asked, let inspectors review and copy those procedures and reassessment records.

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 L. 110–234 were repealed by section 4(a) of Pub.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 5, 2026

Release point: 119-73not60