Compliance with standards and regulations; status after importation
21 U.S.C. 301No slaughtered poultry, or parts or products thereof, of any kind shall be imported into the United States unless they are healthful, wholesome, fit for human food, not adulterated, and contain no dye, chemical, preservative, or ingredient which renders them unhealthful, unwholesome, adulterated, or unfit for human food and unless they also comply with the rules and regulations made by the Secretary of Agriculture to assure that imported poultry or poultry products comply with the standards provided for in this chapter. All imported, slaughtered poultry, or parts or products thereof, shall after entry into the United States in compliance with such rules and regulations be deemed and treated as domestic slaughtered poultry, or parts or products thereof, within the meaning and subject to the provisions of this chapter and the Federal Food, Drug, and Cosmetic Act [ et seq.], and Acts amendatory of, supplemental to, or in substitution for such chapter and Act.
Rules and regulations; destruction and exportation of refused imports
The Secretary of Agriculture is authorized to make rules and regulations to carry out the purposes of this section and in such rules and regulations the Secretary of Agriculture may prescribe the terms and conditions for the destruction of all slaughtered poultry, or parts or products thereof, offered for entry and refused admission into the United States unless such slaughtered poultry, or parts or products thereof, be exported by the consignee within the time fixed therefor in such rules and regulations.
Storage, cartage and labor charges for imports refused admission
All charges for storage, cartage, and labor with respect to any product which is refused admission pursuant to this section shall be paid by the owner or consignee, and in default of such payment shall constitute a lien against any other products imported thereafter by or for such owner or consignee.
Domestic standards and processing facilities applicable; enforcement
Pub. L. 85–172, § 1771 Stat. 448Pub. L. 99–198, title XVII, § 1701(a)99 Stat. 1633Pub. L. 103–182, title III, § 361(e)107 Stat. 2123Pub. L. 103–465, title IV, § 431(k)108 Stat. 4969(, , ; , , ; , , ; , , .)
Editorial Notes
References in Text
act June 25, 1938, ch. 67552 Stat. 1040section 301 of this titleThe Federal Food, Drug, and Cosmetic Act, referred to in subsec. (a), is , , which is classified generally to chapter 9 (§ 301 et seq.) of this title. For complete classification of this Act to the Code, see and Tables.
Amendments
Pub. L. 103–465, § 431(k)(1)1994—Subsec. (d)(1). , amended par. (1) generally. Prior to amendment, par. (1) read as follows: “Notwithstanding any other provision of law, except as provided in paragraph (2), 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.”
Pub. L. 103–465, § 431(k)(2)(A)Subsec. (d)(2)(A). , amended subpar. (A) generally. Prior to amendment, subpar. (A) read as follows: “Notwithstanding any other provision of law, all poultry, or parts or products of poultry, capable of use as human food offered for importation into the United States from Canada and Mexico shall—
“(i) comply with paragraph (1); or
“(ii)(I) be subject to inspection, sanitary, quality, species verification, and residue standards that are equivalent to United States standards; and
“(II) have been processed in facilities and under conditions that meet standards that are equivalent to United States standards.”
Pub. L. 103–465, § 431(k)(2)(B)Subsec. (d)(2)(B), (C). , (C), redesignated subpar. (C) as (B) and struck out former subpar. (B) which read as follows: “The Secretary may treat as equivalent to a United States standard a standard of Canada or Mexico described in subparagraph (A)(ii) if the exporting country provides the Secretary with scientific evidence or other information, in accordance with risk assessment methodologies agreed to by the Secretary and the exporting country, to demonstrate that the standard of the exporting country achieves the level of protection that the Secretary considers appropriate.”
Pub. L. 103–1821993—Subsec. (d). , in par. (1), inserted “except as provided in paragraph (2),” before “all poultry” in introductory provisions, added par. (2), and redesignated former pars. (2) and (3) as (3) and (4), respectively.
Pub. L. 99–1981985—Par. (d). added par. (d).
Statutory Notes and Related Subsidiaries
Effective Date of 1994 Amendment
Pub. L. 103–465section 451 of Pub. L. 103–465section 3601 of Title 19Amendment by effective, except as otherwise provided, on the date of entry into force of the World Trade Organization Agreement with respect to the United States (), see , set out as an Effective Date note under , Customs Duties.
Effective Date of 1985 Amendment
Pub. L. 99–198, title XVII, § 1701(b)99 Stat. 1633