21 U.S.C. § 457 : US Code - Section 457: Labeling and container standards

Search 21 U.S.C. § 457 : US Code - Section 457: Labeling and container standards

(a) Requirements for shipping containers and immediate containers;
nonconsumer packaged carcasses
All poultry products inspected at any official establishment
under the authority of this chapter and found to be not
adulterated, shall at the time they leave the establishment bear,
in distinctly legible form, on their shipping containers and
immediate containers as the Secretary may require, the information
required under paragraph (h) of section 453 of this title. In
addition, the Secretary whenever he determines such action is
practicable and necessary for the protection of the public, may
require nonconsumer packaged carcasses at the time they leave the
establishment to bear directly thereon in distinctly legible form
any information required under such paragraph (h).
(b) Labeling requirements; definitions and standards of identity or
composition or articles and standards of fill of container;
standards consistent with Federal Food, Drug, and Cosmetic Act;
consistency between Federal and State standards
The Secretary, whenever he determines such action is necessary
for the protection of the public, may prescribe: (1) the styles and
sizes of type to be used with respect to material required to be
incorporated in labeling to avoid false or misleading labeling in
marketing and labeling any articles or poultry subject to this
chapter; (2) definitions and standards of identity or composition
or articles subject to this chapter and standards of fill of
container for such articles not inconsistent with any such
standards established under the Federal Food, Drug, and Cosmetic
Act [21 U.S.C. 301 et seq.], and there shall be consultation
between the Secretary and the Secretary of Health and Human
Services prior to the issuance of such standards under either Act
relating to articles subject to this chapter to avoid inconsistency
in such standards and possible impairment of the coordinated
effective administration of this chapter and the Federal Food,
Drug, and Cosmetic Act. There shall also be consultation between
the Secretary and an appropriate advisory committee provided for in
section 454 of this title, prior to the issuance of such standards
under this chapter, to avoid, insofar as feasible, inconsistency
between Federal and State standards.
(c) Use of trade names; false or misleading marking or labeling;
misleading form or size of container
No article subject to this chapter shall be sold or offered for
sale by any person in commerce, under any name or other marking or
labeling which is false or misleading, or in any container of a
misleading form or size, but established trade names and other
marking and labeling and containers which are not false or
misleading and which are approved by the Secretary are permitted.
(d) Withholding use of false or misleading mark, label, or
container size or form; modification; hearing; conclusiveness of
determination; appeal
If the Secretary has reason to believe that any marking or
labeling or the size or form of any container in use or proposed
for use with respect to any article subject to this chapter is
false or misleading in any particular, he may direct that such use
be withheld unless the marking, labeling, or container is modified
in such manner as he may prescribe so that it will not be false or
misleading. If the person using or proposing to use the marketing,
labeling, or container does not accept the determination of the
Secretary, such person may request a hearing, but the use of the
marking, labeling, or container shall, if the Secretary so directs,
be withheld pending hearing and final determination by the
Secretary. Any such determination by the Secretary shall be
conclusive unless, within thirty days after receipt of notice of
such final determination, the person adversely affected thereby
appeals to the United States Court of Appeals for the circuit in
which such person has its principal place of business or to the
United States Court of Appeals for the District of Columbia
Circuit. The provisions of section 194 of title 7 shall be
applicable to appeals taken under this section.