---
kind: "section"
citation: "21 U.S.C. § 454"
title: "21"
title_heading: "Food and Drugs"
number: "454"
heading: "Federal and State cooperation in development and administration of State poultry product inspection programs"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/21/454"
units:
  - "Chapter 10 — Poultry and Poultry Products Inspection"
---

# §454. Federal and State cooperation in development and administration of State poultry product inspection programs

- (a) **State laws; planning, technical and financial assistance; advisory committees—** It is the policy of the Congress to protect the consuming public from [poultry products](/usc/21/453.md?p=f) that are [adulterated](/usc/21/453.md?p=g) or [misbranded](/usc/21/453.md?p=h) and to assist in efforts by [State](/usc/21/453.md?p=b) and other government agencies to accomplish this objective. In furtherance of this policy—
  - (1) The [Secretary](/usc/21/453.md?p=i) is authorized, whenever he determines that it would effectuate the purposes of this chapter, to cooperate with the appropriate [State](/usc/21/453.md?p=b) agency in developing and administering a [State](/usc/21/453.md?p=b) [poultry product](/usc/21/453.md?p=f) inspection program in any [State](/usc/21/453.md?p=b) which has enacted a mandatory [State](/usc/21/453.md?p=b) [poultry product](/usc/21/453.md?p=f) inspection law that imposes ante mortem and post mortem inspection, reinspection and sanitation requirements that are at least equal to those under this chapter, with respect to all or certain classes of [persons](/usc/21/453.md?p=j) engaged in the [State](/usc/21/453.md?p=b) in slaughtering [poultry](/usc/21/453.md?p=e) or processing [poultry products](/usc/21/453.md?p=f) for use as human food solely for distribution within such [State](/usc/21/453.md?p=b).
  - (2) The [Secretary](/usc/21/453.md?p=i) is further authorized, whenever he determines that it would effectuate the purposes of this chapter, to cooperate with appropriate [State](/usc/21/453.md?p=b) agencies in developing and administering [State](/usc/21/453.md?p=b) programs under [State](/usc/21/453.md?p=b) laws containing authorities at least equal to those provided in [section 460 of this title](/usc/21/460.md); and to cooperate with other agencies of the [United States](/usc/21/453.md?p=d) in carrying out any provisions of this chapter. In carrying out the provisions of this chapter, the [Secretary](/usc/21/453.md?p=i) may conduct such examinations, investigations, and inspections as he determines practicable through any officer or employee of any [State](/usc/21/453.md?p=b) or [Territory](/usc/21/453.md?p=c) or the District of Columbia commissioned by the [Secretary](/usc/21/453.md?p=i) for such purpose.
  - (3) Cooperation with [State](/usc/21/453.md?p=b) agencies under this section may include furnishing to the appropriate [State](/usc/21/453.md?p=b) agency (i) advisory assistance in planning and otherwise developing an adequate [State](/usc/21/453.md?p=b) program under the [State](/usc/21/453.md?p=b) law; and (ii) technical and laboratory assistance and training (including necessary curricular and instructional materials and equipment), and financial and other aid for administration of such a program. The amount to be contributed to any [State](/usc/21/453.md?p=b) by the [Secretary](/usc/21/453.md?p=i) under this section from Federal funds for any year shall not exceed 50 per centum of the estimated total cost of the cooperative program; and the Federal funds shall be allocated among the [States](/usc/21/453.md?p=b) desiring to cooperate on an equitable basis. Such cooperation and payment shall be contingent at all times upon the administration of the [State](/usc/21/453.md?p=b) program in a manner which the [Secretary](/usc/21/453.md?p=i), in consultation with the appropriate advisory committee appointed under subparagraph (4), deems adequate to effectuate the purposes of this section.
  - (4) The [Secretary](/usc/21/453.md?p=i) may appoint advisory committees consisting of such representatives of appropriate [State](/usc/21/453.md?p=b) agencies as the [Secretary](/usc/21/453.md?p=i) and the [State](/usc/21/453.md?p=b) agencies may designate to consult with him concerning [State](/usc/21/453.md?p=b) and Federal programs with respect to [poultry product](/usc/21/453.md?p=f) inspection and other matters within the scope of this chapter, including evaluating [State](/usc/21/453.md?p=b) programs for purposes of this chapter, and obtaining better coordination and more uniformity among the [State](/usc/21/453.md?p=b) programs and between the Federal and [State](/usc/21/453.md?p=b) programs and adequate protection of consumers.
- (b) **Appropriate State agency; performance of functions by subordinate governmental unit—** The appropriate [State](/usc/21/453.md?p=b) agency with which the [Secretary](/usc/21/453.md?p=i) may cooperate under this chapter shall be a single agency in the [State](/usc/21/453.md?p=b) which is primarily responsible for the coordination of the [State](/usc/21/453.md?p=b) programs having objectives similar to those under this chapter. When the [State](/usc/21/453.md?p=b) program includes performance of certain functions by a municipality or other subordinate governmental unit, such unit shall be deemed to be a part of the [State](/usc/21/453.md?p=b) agency for purposes of this section.
- (c) **Intrastate activities; designation of State for regulation; publication of designation; exempted operations; termination of designation; review of operations in nondesignated States; annual report—**
  - (1) If the [Secretary](/usc/21/453.md?p=i) has reason to believe, by thirty days prior to the expiration of two years after August 18, 1968, that a [State](/usc/21/453.md?p=b) has failed to develop or is not enforcing, with respect to all establishments within its jurisdiction (except those that would be exempted from Federal inspection under [subparagraph (2)](#c-2) of this paragraph (c)) at which [poultry](/usc/21/453.md?p=e) are slaughtered, or [poultry products](/usc/21/453.md?p=f) are [processed](/usc/21/453.md?p=w) for use as human food, solely for distribution within such [State](/usc/21/453.md?p=b), and the products of such establishments, requirements at least equal to those imposed under sections [451](/usc/21/451.md) to [453](/usc/21/453.md), [455](/usc/21/455.md) to [459](/usc/21/459.md), [461](/usc/21/461.md) to [467d](/usc/21/467d.md) of this title, he shall promptly notify the Governor of the [State](/usc/21/453.md?p=b) of this fact. If the [Secretary](/usc/21/453.md?p=i) determines, after consultation with the Governor of the [State](/usc/21/453.md?p=b), or representative selected by him, that such requirements have not been developed and activated, he shall promptly after the expiration of such two-year period designate such [State](/usc/21/453.md?p=b) as one in which the provisions of said sections of this chapter shall apply to operations and transactions wholly within such [State](/usc/21/453.md?p=b): Provided, That if the [Secretary](/usc/21/453.md?p=i) has reason to believe that the [State](/usc/21/453.md?p=b) will activate such requirements within one additional year, he may delay such designation for said period, and not designate the [State](/usc/21/453.md?p=b), if he determines at the end of the year that the [State](/usc/21/453.md?p=b) then has such requirements in effective operation. The [Secretary](/usc/21/453.md?p=i) shall publish any such designation in the Federal Register and, upon the expiration of thirty days after such publication, the provisions of said sections of this chapter shall apply to operations and transactions and to [persons](/usc/21/453.md?p=j) engaged therein in the [State](/usc/21/453.md?p=b) to the same extent and in the same manner as if such operations and transactions were conducted in or for [commerce](/usc/21/453.md?p=a). However, notwithstanding any other provision of this section, if the [Secretary](/usc/21/453.md?p=i) determines that any establishment within a [State](/usc/21/453.md?p=b) is producing [adulterated](/usc/21/453.md?p=g) [poultry products](/usc/21/453.md?p=f) for distribution within such [State](/usc/21/453.md?p=b) which would clearly endanger the public health he shall notify the Governor of the [State](/usc/21/453.md?p=b) and the appropriate advisory committee provided for by subparagraph (a)(4) of this section of such fact for effective action under [State](/usc/21/453.md?p=b) or local law. If the [State](/usc/21/453.md?p=b) does not take action to prevent such endangering of the public health within a reasonable time after such notice, as determined by the [Secretary](/usc/21/453.md?p=i), in light of the risk to public health, the [Secretary](/usc/21/453.md?p=i) may forthwith designate any such establishment as subject to the provisions of said sections of this chapter, and thereupon the establishment and operator thereof shall be subject to such provisions as though engaged in [commerce](/usc/21/453.md?p=a) until such time as the [Secretary](/usc/21/453.md?p=i) determines that such [State](/usc/21/453.md?p=b) has developed and will enforce requirements at least equal to those imposed under said sections.
  - (2) The provisions of this chapter requiring inspection of the slaughter of [poultry](/usc/21/453.md?p=e) and the processing of [poultry products](/usc/21/453.md?p=f) shall not apply to operations of types traditionally and usually conducted at retail stores and restaurants, when conducted at any retail store or restaurant or similar retail-type establishment for sale in normal retail quantities or service of such articles to consumers at such establishments if such establishments are subject to such inspection provisions only under this paragraph (c). For the purposes of this subparagraph, operations conducted at a restaurant central kitchen facility shall be considered as being conducted at a restaurant if the restaurant central kitchen prepares [poultry products](/usc/21/453.md?p=f) that are ready to eat when they leave such facility and are served in meals or as entrees only to customers at restaurants owned or operated by the same [person](/usc/21/453.md?p=j) owning or operating such facility: Provided, That such facility shall be subject to the provisions of [section 460(b) of this title](/usc/21/460.md?p=b): Provided further, That the facility may be subject to the inspection requirements of this chapter for as long as the [Secretary](/usc/21/453.md?p=i) deems necessary, if the [Secretary](/usc/21/453.md?p=i) determines that the sanitary conditions or practices of the facility or the processing procedures or methods at the facility are such that any of its [poultry products](/usc/21/453.md?p=f) are rendered [adulterated](/usc/21/453.md?p=g).
  - (3) Whenever the [Secretary](/usc/21/453.md?p=i) determines that any [State](/usc/21/453.md?p=b) designated under this paragraph (c) has developed and will enforce [State](/usc/21/453.md?p=b) [poultry products](/usc/21/453.md?p=f) inspection requirements at least equal to those imposed under the aforesaid sections of this chapter, with respect to the operations and transactions within such [State](/usc/21/453.md?p=b) which are regulated under [subparagraph (1)](#c-1) of this paragraph (c), he shall terminate the designation of such [State](/usc/21/453.md?p=b) under this paragraph (c), but this shall not preclude the subsequent redesignation of the [State](/usc/21/453.md?p=b) at any time upon thirty days’ notice to the Governor and publication in the Federal Register in accordance with this paragraph, and any [State](/usc/21/453.md?p=b) may be designated upon such notice and publication, at any time after the period specified in this paragraph whether or not the [State](/usc/21/453.md?p=b) has theretofore been designated, upon the [Secretary](/usc/21/453.md?p=i) determining that it is not effectively enforcing requirements at least equal to those imposed under said sections.
  - (4) The [Secretary](/usc/21/453.md?p=i) shall promptly upon August 18, 1968, and periodically thereafter, but at least annually, review the requirements, including the enforcement thereof, of the several [States](/usc/21/453.md?p=b) not designated under this paragraph (c), with respect to the slaughter, and the processing, storage, handling, and distribution of [poultry products](/usc/21/453.md?p=f), and inspection of such operations, and annually report thereon to the Committee on Agriculture of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate in the report required in [section 470](/usc/21/470.md)[^1] of this title.
- (d) **“State” defined—** As used in this section, the term “[State](/usc/21/453.md?p=b)” means any [State](/usc/21/453.md?p=b) (including the Commonwealth of Puerto Rico) or organized [territory](/usc/21/453.md?p=c).

## Footnotes

[^1]: See References in Text note below.

## Source credit

(Pub. L. 85–172, § 5, Aug. 28, 1957, 71 Stat. 443; Pub. L. 90–492, § 5, Aug. 18, 1968, 82 Stat. 796; Pub. L. 98–487, § 2, Oct. 17, 1984, 98 Stat. 2264; Pub. L. 103–437, § 8(1), Nov. 2, 1994, 108 Stat. 4588.)

## Notes

### Editorial Notes

### References in Text

Section 470 of this title, referred to in subsec. (c)(4), was omitted from the Code.

### Codification

In par. (c)(1), (4), “August 18, 1968” substituted for “enactment of the Wholesome Poultry Products Act”.

### Amendments

1994—Subsec. (c)(4). Pub. L. 103–437 substituted “Agriculture, Nutrition, and Forestry” for “Agriculture and Forestry”.

1984—Par. (c)(2). Pub. L. 98–487 inserted provisions relating to operations conducted at a restaurant central kitchen facility.

1968—Pub. L. 90–492 substituted provisions authorizing the Secretary to cooperate with the appropriate state agency in the development and administration of state poultry product inspection programs in those states having mandatory poultry product inspection laws and those states having laws at least equal to the provisions of section 460 of this title, provisions authorizing planning, technical and financial assistance and the appointment of advisory committees, provisions designating the appropriate state agency with which the Secretary may cooperate, provisions authorizing the Secretary to designate states as subject to the regulatory provisions of this chapter when the requirements of the specified section have not been complied with or when the specified intrastate activities are pres­ent, provisions exempting from the requirements of this chapter operations of the types traditionally and usually conducted at retail stores and restaurants, provisions authorizing the Secretary to terminate the aforementioned designation of states as subject to the regulatory provisions of this chapter, and provisions authorizing the Secretary to review the operations in nondesignated states and make an annual report thereon, for provisions authorizing the Secretary, upon application by any appropriate state or local official or agency or by any appropriate local poultry industry group and after public hearing, to designate major consuming areas as subject to the regulatory provisions of this chapter where the Secretary finds that poultry or poultry products are handled or consumed in such volume as to affect, burden or obstruct the movement of inspected poultry products in interstate commerce.

### Statutory Notes and Related Subsidiaries

### Effective Date of 1968 Amendment

Amendment 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.