71 Stat. 447. which would cause a reasonable person to believe that such slaughtered poultry or poultry products were not inspected or marked in accordance with the provisions of this Act or were not otherwise eligible for transportation under this Act. REPORTING OF VIOLATIONS SEC. 13. Before any violation of this Act is reported by the Secretary to any United States attorney for institution of a criminal proceeding, the person against whom such proceeding is contemplated shall be given reasonable notice of the alleged violation and opportunity to present his views orally or in writing with regard to such contemplated proceeding. Nothing in this Act shall be construed as requiring the Secretary to report for criminal prosecution violations of this Act whenever he believes that the public interest will be adequately served and compliance with the Act obtained by a suitable written notice or warning. REGULATIONS SEC. 14. The Secretary shall promulgate such rules and regulations as are necessary to carry out the provisions of this Act. EXEMPTIONS SEC. 15. (a) The Secretary shall, by regulation and under such conditions as to sanitary standards, practices, and procedures as he may prescribe, exempt from specific provisions of this Act (1) poultry producers with respect to poultry of their own raising on their own farms which they sell directly to household consumers or restaurants, hotels, and boarding houses for use in their own dining rooms or in the preparation of meals for sales direct to consumers only: Provided, That such poultry producers do not engage in buying or selling poultry products other than those produced from poultry raised on their own farms; (2) retail dealers with respect to poultry products sold directly to consumers in individual retail stores, if the only processing operation performed by such retail dealers is the cutting up of poultry products on the premises where such sales to consumers are made; (3) for such period of time as the Secretary determines that it would be impracticable to provide inspection and the exemption will aid in the effective administration of this Act, any person engaged in the processing of poultry or poultry products for commerce and the poultry or poultry products processed by such person: Provided, however, That no such exemption shall continue in effect on and after July 1, 1960; and (4) persons slaughtering, processing, or otherwise handling poultry or poultry products which have been or are to be processed as required by recognized religious dietary laws, to the extent that the Secretary determines necessary to avoid conflict with such requirements while still effectuating the purposes of this Act. (b) The Secretary may by order suspend or terminate any exemption under this section with respect to any person whenever he finds that such action will aid in effectuating the purposes of this Act. SEC. 16. Any person who sells, delivers, transports or offers for sale or transportation in commerce or in a designated major consuming area any poultry or poultry products which are exempt under section 15, and which are unwholesome or adulterated and are intended for human consumption, shall be guilty of a misdemeanor and shall on conviction thereof be subject to the penalties set forth in section 12. IMPORTS SEC. 17. (a) 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 Act. 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 pro52 Stat. 1040. visions of this Act and the Federal Food, Drug, and Cosmetic Act, and Acts amendatory of, supplemental to, or in substitution for such Acts. (b) 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. 21 USC 301. 21 USC 301. (c) 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. . GENERAL PROVISIONS SEC. 18. (a) For the purpose of preventing and eliminating burdens on commerce in poultry and poultry products, the jurisdiction of the Secretary within the scope of this Act shall be exclusive and poultry and poultry products shall be exempt from the provisions of the Federal Food, Drug, and Cosmetic Act, as amended, to the extent of the application or the extension thereto of the provisions of this Act. (b) In carrying out the provisions of this Act, the Secretary may cooperate with other branches of Government and with State agencies and may conduct such examinations, investigations, and inspections as he determines practicable through any officer or employee of a State commissioned by the Secretary for such purpose. COST OF INSPECTION SEC. 19. The cost of inspection rendered under the requirements of this Act, shall be borne by the United States, except that the cost of overtime and holiday work performed in establishnients subject to the provisions of this Act at such rates as the Secretary may determine shall be borne by such establishments. Sums received by the Secre > 71 Stat. 449, tary in reimbursement for sums paid out by him for such premium pay work shall be available without fiscal year limitation to carry out the purposes of this section. APPROPRIATIONS SEC. 20. There is hereby authorized to be appropriated such sums as are necessary to carry out the provisions of this Act. SEPARABILITY OF PROVISIONS SEC. 21. If any provision of this Act or the application thereof to any person or circumstances is held invalid, the validity of the remainder of the Act and of the application of such provision to other persons and circumstances shall not be affected thereby. EFFECTIVE DATE SEC. 22. This Act shall take effect upon enactment, except that no person shall be subject to the provisions of this Act prior to January 1, 1959, unless such person after January 1, 1958, applies for and receives inspection for poultry or poultry products in accordance with the provisions of this Act and pursuant to regulations promulgated by the Secretary hereunder, in any establishment processing poultry or poultry products in commerce or in a designated major consuming area. Any person who voluntarily applies for and receives such inspection after January 1, 1958, shall be subject, on and after the date he commences to receive such inspection, to all of the provisions and penalties provided for in this Act with respect to all poultry or poultry products handled in the establishment for which such said application for inspection is made. Approved August 28, 1957. 85th Congress, H. R. 6456 August 31, 1957 AN ACT 71 Stat. 567. To amend section 304 (d) of the Federal Food, Drug, and Cosmetic Act, with respect to the disposition of certain imported articles which have been seized and condemned. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled. That subsection (dl) Reexportation of section 304 of the Federal Food, Drug, and Cosmetic Act, as of articles. amended (21 U.S. C. 334 (d)), is hereby amended by inserting imme- 52 Stat. 1044. diately before the last sentence thereof a new sentence as follows: "If the article was imported into the United States and the person seeking its release establishes (1) that the adulteration, misbranding, or violation did not occur after the article was imported, and (2) that he had no cause for believing that it was adulterated, misbranded, or in violation before it was released from customs custody, the court may permit the article to be delivered to the owner for exportation in lieu of destruction upon a showing by the owner that all of the conditions of section 801 (d) can and will be met: Provided, however, 52 Stat. 1058. That the provisions of this sentence shall not apply where condemna- 21 USC 381. tion is based upon violation of section 402 (a) (1), (2), or (6), sec tion 501 (a) (3), section 502 (j), or section 601 (a) or (d): And pro- 52 Stat. 1046,1049, rided further, That where such exportation is made to the original 1050, 1054. foreign supplier, then clauses (1) and (2) of section 801 (d) and the 21 USC 342,351, foregoing proviso shall not be applicable; and in all cases of exporta- 352,361. tion the bond shall be conditioned that the article shall not be sold or disposed of until the applicable conditions of section 801 (d) have been met." Approved August 31, 1957. 85th Congress, H. R. 2486 AN ACT To authorize Commodity Credit Corporation to grant relief with respect to claims arising out of deliveries of eligible surplus feed grains on ineligible dates in connection with purchase orders under its emergency feed program. Emergency feed lief 71 Stat. 632. 71 Stat. 633. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That Commodity Commodity Credit Credit Corporation, under such regulations as may be approved by Corporation. the Secretary of Agriculture, is hereby authorized to grant relief to programs, refarmers and dealers in connection with claims arising out of early and late deliveries under purchase orders for drought relief feed issued under the 1954, 1955, and 1956 emergency feed programs, by recognizing as valid those purchases and deliveries of designated surplus feed grains and approved mixed feeds, which (a) were actually purchased by the farmer from the dealer on or after the date the Secretary declared the county, where the purchase order was issued, to be eligible for assistance under the emergency feed program, and (b) are found to have been physically delivered to the farmer not later than six months from the expiration date of the purchase order issued to the farmer. Approved September 7, 1957. |