21 U.S.C. § 466 : US Code - Section 466: Imports
Search 21 U.S.C. § 466 : US Code - Section 466: Imports
(a) Compliance with standards and regulations; status after
importation
No 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 [21 U.S.C. 301 et seq.], and Acts amendatory
of, supplemental to, or in substitution for such chapter and Act.
(b) 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.
(c) 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.
(d) Domestic standards and processing facilities applicable;
enforcement
(1) 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 shall -
(A) be subject to inspection, sanitary, quality, species
verification, and residue standards that achieve a level of
sanitary protection equivalent to that achieved under United
States standards; and
(B) have been processed in facilities and under conditions that
achieve a level of sanitary protection equivalent to that
achieved under United States standards.
(2)(A) The Secretary may treat as equivalent to a United States
standard a standard of an exporting country described in paragraph
(1) if the exporting country provides the Secretary with scientific
evidence or other information, in accordance with risk assessment
methodologies determined appropriate by the Secretary, to
demonstrate that the standard of the exporting country achieves the
level of sanitary protection achieved under the United States
standard. For the purposes of this subsection, the term "sanitary
protection" means protection to safeguard public health.
(B) The Secretary may -
(i) determine, on a scientific basis, that the standard of the
exporting country does not achieve the level of protection that
the Secretary considers appropriate; and
(ii) provide the basis for the determination in writing to the
exporting country on request.
(3) Any such imported poultry article that does not meet such
standards shall not be permitted entry into the United States.
(4) The Secretary shall enforce this subsection through -
(A) random inspections for such species verification and for
residues; and
(B) random sampling and testing of internal organs and fat of
carcasses for residues at the point of slaughter by the exporting
country, in accordance with methods approved by the Secretary.
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